Terms & Conditions

CONDITIONS. BY ATTENDING OR PARTICIPATING IN AN INTERVIEW:

As a registered candidate of TRS (Total Recruitment Solutions) I agree that I have been notified and introduced to this position at this company by TRS and/or their affiliates. I also agree that if I participate in an interview or I am made an offer and take this offer to my current employer and receive a counter offer by my current employer the full placement fee will be payable by me or my current employer since this has led to a counter offer. I agree that if any CCMA case arises by this introduction/interview, then TRS and/or their affiliates will not be held liable or will not be required to attend, represent or be liable for any CCMA findings, fees or penalties between myself and the company I have been placed/introduced to here. Furthermore, I am under no obligation to accept any offer obtained by TRS. However, should TRS obtain an offer of employment that I accept in writing/digitally and should I thereafter at any time renege on said acceptance (that is change my mind about the acceptance of the offer) for any reason whatsoever I will be liable to TRS for any damages arising out of the said placement and/or indeed for any damages or loss whatsoever caused or suffered by such reneging. The term “renege” and/or “reneging” shall mean including but not limited to the failure to commence employment after the acceptance of the/an offer of employment and/or the commencement of employment but failure to continue such employment for a period not exceeding 3(three) calendar months. These damages will be based on the seniority of the position and the annual cost to company of the position held (should I still be employed) or previously had (I left my employment) and will be calculated at 20% thereof. R (Rand Annual Cost to Company) x 20% = R (Rand Damages) excl. vat and these damages will be deemed to be liquid damages. Such damages arising out of the said placement and/or indeed for any damages or loss whatsoever caused or suffered by such reneging is apart and separate from any claim the client may have against me for reneging on the offer of employment. I will also be liable to TRS for its legal costs on the attorney and client scale, including costs of any tracers and collections commission. TRS and I hereby consent to the jurisdiction of the magistrate’s court to adjudicate any dispute arising from this contract.*

General Terms & Conditions

1. Unique Total Recruitment Solutions (Pty) Ltd.

Unique Total Recruitment Solutions (Pty) Ltd (hereinafter referred to as "the Company") and the undersigned business partner (hereinafter referred to as "Customer") agree to fulfil the performance of their contract pursuant to these terms and conditions:

1.1. Upon accessing the Company’s online based platform (hereinafter referred to as "TRS"), you will be deemed to have accepted all the terms and conditions that apply to its use, the information contained on TRS and to the facilities and services provided by it.

1.2. Accordingly, please take the time to read through these terms and conditions before continuing to use the service. If you do not agree to these terms and conditions you may not use the service.

1.3. We reserve the right to alter these terms and conditions at any time and it is your obligation to check if changes have been made. Your use of the service after changes are posted on-line shall constitute acceptance of the changes in and to the terms and conditions.

1.4. In these terms and conditions:

1.4.1. "cookies" means files located on the Customer’s hard-drive which are used to indicate to the Company whether they have visited TRS previously.

1.4.2. "service" means the access to the TRS online based platform including a browser interface, data encryption, transmission, access and storage.

1.4.3. "TRS" means the online based platform providing the services to the Customer.

1.4.4. "we/us/our" means Unique Total Recruitment Solutions (Pty) Ltd, a private company incorporated in South Africa with limited liability, duly incorporated in terms of the Company Laws of the Republic of South Africa; and

1.4.5. "you"/"your" means the Customer of TRS, including users who has registered with us and where applicable, advertisers.

2. Access to TRS

2.1. In order to gain access to TRS, a user account is required which authorized only authorized customers to gain access thereto.

2.2. User accounts cannot be shared of used by more than one Customer, however, may be transferred if a previous user becomes inactive and is unable to access TRS.

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. Content

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. Contractual Issues

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. Liability

5.1. The Customer herein indemnifies the Company, TRS, its licensors and each parties 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 and its licensors shall not be held liable in the following, not limited to, circumstances:

5.2.1. Any unauthorised access to, or alteration of transmissions, material and information and/or data sent of received;

5.2.2. Transactions entered using TRS;

5.2.3. Any failure by the Customer to abide by this agreement;

5.2.4. Any loss in business due to server downtime; and

5.2.5. Any deletion, correction, destruction, damage, loss or 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 or 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 4:00pm 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 caused by matters beyond our reasonable control.

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 parties and/or licensor shall be liable to anyone for indirect, punitive, special, exemplary, incidental, consequential or other damages or any type or kind (including but not limited to loss of data, revenue, profits, use or other economic advantage) arising out or, of 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 parties and/or 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.

6. Warranties

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. Intellectual Property

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 trade marks, 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 trade marks, 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. Links to other websites

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.

9. Links to the Website

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.

10. Registration details

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.

11. Security

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. General

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, or by written communication sent by first class mail or pre-paid registered post to the Customer’s address on record in TRS’s account information. Such notice shall be deeded 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 mail). 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;

12.1.2. Letter delivered by nationally recognized overnight delivery services or first-class postage prepaid mail to the Company at: TRS P.O Box 1420, Kempton Park, 1620.

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 the 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”) attached hereto, 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 your 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 the terms and conditions; the use or inability to use TRS and/or information contained on TRS.

13. Comments or Questions.

If you have any questions, comments or concerns arising from the website, 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. To view our standard placement Terms and Conditions please click here.