1.       Introduction

This document contains the terms and conditions under which you may use Direct Hire’s Website as an Applicant. These Terms and Conditions are binding, so it is very important that you read them carefully and ensure that you understand and accept them. Should you not agree with these Terms and Conditions, you should immediately desist from using the Website.

2.       Definitions

2.1.        “Applicable Laws” means all applicable laws, statutes, codes, ordinances, decrees, rules, regulations, municipal by-laws, judgments, orders, decisions, rulings or awards, including those that pertain to the jurisdiction in which the Website will be accessed and operated, or otherwise to the jurisdictions in which business is performed, and/or any government agency or department in such jurisdiction(s), including relevant personal information protection laws;

2.2.        “Applicant/s” refers to the users who utilise the Website to search and/or apply for employment opportunities;

2.3.        “Criminal Background Check” refers to the process of using collected Personal Information to establish whether the Applicant has any prior or current criminal charges, including but not limited to arrests, convictions, outstanding warrants, traffic violations and pending criminal court cases. This checking and verifying is performed by a Third Party on behalf of Ignition.

2.4.        “Data Controller” means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any Personal Information is, or are to be, processed;

2.5.        “Data Processor” means any natural or legal person who processes the Personal Information on behalf of the Data Controller;

2.6.        “Direct Hire” means Direct Hire Proprietary Limited, registration number 1983/011766/07, being a limited private company duly registered in the Republic of South Africa including its subsidiaries and holding companies from time to time, which company provides an online recruitment platform used for the purpose of processing job applications (referred to also as “we”, “us” or “our”);

2.7.        “ECT Act” refers to the Electronic Communications and Transactions Act 2002;

2.8.        “Electronic Transaction” is ascribed the meaning contained in Section 1 of ECT Act;

2.9.        “Employment Opportunities” refers to the job vacancies posted on the Website by Ignition;

2.10.      “HR Recruitment Process” refers to the process undertaken by Ignition from the application of an Applicant for an employment opportunity to the stage of appointment, which may include a Criminal Background Check;

2.11.      “Ignition” means Ignition Telecoms Investments Proprietary Limited and its subsidiary companies, agents and representatives, where applicable;

2.12.      “Ignition Website” refers to www.ignitiongroup.co.za that is hosted by Ignition;

2.13.      “Personal Information” is ascribed the meaning as contained in Section 1 of POPIA;

2.14.      “POPIA” refers to the Protection of Personal Information Act 2013;

2.15.      “Registration Data” refers to the Personal Information of the User and User preferences;

2.16.      “Services” refers to the recruitment services offered on the Website by Direct Hire to Users as more fully described in provision 3 below, which includes but is not limited to:-

2.16.1.  the advertising and management of employment opportunities at Ignition;

2.16.2.  management of Applicant sourcing, employment applications and Applicant screening;

2.16.3.  reporting and analysis of trends and data to Ignition.

2.17.      “Terms and Conditions” refers to this document which contains the terms and conditions that govern the use of the Website by Applicants;

2.18.      “Third Party” refers to any service provider other than Direct Hire and Ignition;

2.19.      “Third Party Websites” refers to any website accessed by the User other than the Website, including the following:

2.19.1.  any website which a User is able to access by a website link appearing on the Website;

2.19.2.  any website which a User is directed to as part of the registration or verification process on the Website;

2.19.3.  any social media websites which include Facebook, Twitter or LinkedIn;

2.19.4.  any website which a User has accessed and which access has redirected the User to the Website (Indeed, Career24, PNet and the like).  

2.20.      “User/s” refers to those who utilise the Website, including Applicants and representatives of Ignition as the context may be;

2.21.      “Website” refers to the Ignition domain that is hosted by Direct Hire for the exclusive use of Ignition and its Users (https://ignition.mcidirecthire.com).

3.       Services

3.1.        The main purpose of this Website is to allow Applicants to view and apply for opportunities as advertised on this Website by Ignition and receive updates about the progress of their application. 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.

3.2.        The Website also acts as a human resources database for Ignition. It allows Ignition to manage recruitment vendors, advertise Employment Opportunities, screen Applicants, search for Applicants, track Applicants throughout the recruitment process and utilise the information on the database for internal reporting and analytics purposes.  

4.       Terms of use

4.1.        You may access the Website on the condition that you accept these Terms and Conditions. By accessing the Website, you consent to these Terms and Conditions.

4.2.        We reserve the right, in our sole discretion, to amend these Terms and Conditions at any time, in any way, 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 Third Party Websites (where applicable). These amendments however shall come into effect immediately and automatically upon the publishing thereof on this Website.

4.3.        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, you must then exercise your right to no longer access the Website.

4.4.        Chapter VII of the ECT Act grants rights to any person who enters or intends entering into 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 as the user of the Website.

5.       User conduct

5.1.        Registration

5.1.1.     You may be required to register on the Website if you wish to access the Services provided by Direct Hire on the Website. Registration is achieved using a registration form available on the Website. Where you register with the Third Party Websites to access the Website, you grant permission to the Third Party Websites to pass certain of your personal information to us to enable you to access the Website. Registration with the Third Party Websites is subject to their terms of use.

5.1.2.     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.

5.1.3.     In order to successfully complete the registration process, you may be required to submit your Registration Data. The use of your Registration Data is dealt with in our Privacy Policy (click here)  which is to be read as part of these Terms and Conditions.

5.1.4.     You may wish to supplement your application with a photograph of yourself. By uploading your photograph to the Website, you consent to this Personal Information being processed as per our Privacy Policy (link below).

5.1.5.     You may be requested to undergo a Criminal Background Check. You will be notified of this requirement and your Personal Information will be processed, with your express consent, for this purpose.

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

5.1.7.     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.

5.1.8.     By submitting your Registration Data, you agree to the verification process and irrevocably consent to us gaining access to Personal Information held by Third Party Websites which may be required to reasonably complete the verification process. You acknowledge and agree that access to the Website may be limited until such time as the verification process has been successfully completed.

5.1.9.     Should you not agree to the verification process as contemplated above or withhold your consent, your access to the Website 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 Website.

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

5.1.10.1.              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;

5.1.10.2.              if you believe that information or content posted to the Website infringes on any person’s rights in any way, you will notify us immediately;

5.1.10.3.              you will immediately notify us if you believe the security of your registration or your Personal Information on the Website has been compromised in any way and you will immediately notify the relevant Third Party if you believe that a similar compromise of your security has occurred on a Third Party Website;

5.1.10.4.              you shall be held fully responsible for any misuse or compromise to your account which we are not properly notified about; and

5.1.10.5.              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.

5.1.10.6.              Your Personal Information will be processed throughout the HR Recruitment Process and may be processed externally to complete the HR Recruitment Process. By you accessing this Website, you consent to your Personal Information being processed in this manner and for this purpose.

5.2.        Notifications

5.2.1.     Throughout the HR Recruitment Process, you may be notified by email to submit further documentation, complete assessments or attend an interview for the Employment Opportunity.

5.2.2.     Should your application be unsuccessful, you will be notified by email and you will have the option to subscribe to Ignition in order to receive further Employment Opportunities.  Your Registration Data may be retained for this purpose and will be subject to our Privacy Policy (link below).

5.2.3.     Should you not wish to receive notifications from Ignition, you have the right to opt out in every email notification and you may opt out at any time without any formal requirements and free of charge. You can also request to opt out by sending an email as per the Contact Details provided below.

5.3.        Access

5.3.1.     Content accessible through the Website 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 underaged Users from accessing this content where it is within your control to do so.

5.3.2.     The Website will contain content that we, you and other Users create. Some of this content will be directed to or appear on Third Party Websites. Your use of those Third Party Websites are subject to both these Terms and Conditions and the terms and conditions applicable to those Third Party Websites and in this regard, their terms of use shall be incorporated herein.

5.3.3.     You agree that it remains your obligation to familiarise yourself with these Terms and Conditions and those of the Third Party Websites and to comply with both. In the event there is a conflict between these Terms and Conditions and a Third Party Websites’ terms of use, these Terms and Conditions shall prevail for the purposes of your access to the Website.

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

5.3.5.     You may not frame the Website or the Third Party Website in any way whatsoever except as permitted by the said functionality of the Website or the Third Party Website (details may be found thereon) or otherwise without our prior written permission. Recognising the global nature of the internet, you agree to comply with all Applicable Laws regarding your conduct on the Website as well as the Third Party Website Terms and Conditions.

5.3.6.     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:

5.3.6.1. 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 Users that did not request to receive such messages; and inviting people who you may be connected to through using Third Party Websites to access the Website where those persons may not wish to receive such invitations or similar communications (in other words, ensure that persons you invite to join the Website and access the Website or Third Party Websites consent to receiving such invitation and other communication from us);

5.3.6.2. 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;

5.3.6.3. 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 Website or Third Party Websites;

5.3.6.4. 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;

5.3.6.5. use the Website to make fraudulent offers to sell or buy products, items or perform any work or services, or to offer or solicit for any type of scam such as “pyramid schemes” and “chain letters”;

5.3.6.6. 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);

5.3.6.7. use the Website in any manner which could damage, impair, overburden or disable the Website or interfere with any other User’s access to the Website;

5.3.6.8. use the Website to post anything which contains viruses or any other destructive features, regardless of whether or not damage is intended;

5.3.6.9. gather Personal Information 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;

5.3.6.10.              violate the privacy of any person or attempt to gain unauthorised access to the Website or Third Party Website, including (without being limited to) through hacking, password mining or any other means; and/or

5.3.6.11.              otherwise use the Website to engage in any illegal or unlawful activity.

5.3.7.     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), we shall be entitled, without prejudice to any other rights we may have, to:

5.3.7.1. without notice, suspend or terminate your access to the Website and any Third Party Websites to the extent your access thereto is within our control;

5.3.7.2. hold you liable for any costs or damages we incur as a result of your misconduct; and/or

5.3.7.3. notwithstanding our Privacy Policy (click here), disclose any information relating to you, whether public or personal, to all persons affected by your actions.

6.       Copyrights

6.1.        The Website (and all related Third Party Websites) 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 Applicable Laws, including but not limited to copyright and trade mark Applicable Laws (whether in South Africa or elsewhere in the world where the Website is accessed and / or used).

6.2.        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/or Ignition 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 Websites.

8.       Indemnity

8.1.        You hereby indemnify Direct Hire and Ignition 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 Websites and the links thereto.

8.2.        We are not responsible for files and data residing on your account or for any contributions you may have made to the Website or Third Party Websites.

8.3.        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.

8.4.        With respect to your Personal Information, please note that Direct Hire are only Data Controllers of your Personal Information for general reporting, statistical and analytical purposes. 

8.5.        Direct Hire operates as a Data Processor for Ignition and Ignition acts as a Data Controller for all other purposes relating to the Service and your Personal Information.

8.6.        Ignition has its own Privacy Statement and POPIA Policy and we do not accept any responsibility or liability for their policies or processing of Personal Information. We advise you to familiarise yourself with said policies which can be found on the Ignition Website. Our Privacy Policy and the rights and obligations set out above only apply where we are acting as a Data Controller.

9.       Limitations of Indemnity

9.1.        Your use of and reliance on the Website and Third Party Websites is entirely at your own risk. The Website and Third Party Websites are provided "as is".

9.2.        Although we take steps to verify information presented on or through the Website, 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 Website or the content other Users may publish to the Website or Third Party Websites. 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 Website without notice to you.

9.3.        Information, ideas and opinions expressed on or through the Website 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.

9.4.        To the fullest extent permissible by Applicable Laws, we disclaim all warranties of any kind, whether express or implied, including but without limitation to the implied warranty that the content published on or the Services provided by the Website or Third Party Websites is fit for any purpose and use other than as a reference work in respect of the content provided on the Website.

9.5.        We will always use reasonable endeavours to make the Website available to you and keep it accessible by 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 Website (either in part or as a whole) or any Third Party Websites linked to our Website for any reason whatsoever.

9.6.        This provision applies to Direct Hire and Ignition, its representatives, employees, agents and otherwise duly appointed persons.

10.    Contact us

The Website is managed by Direct Hire on behalf of Ignition. Should you have any queries or comments about the Website or our Terms and Conditions you may contact Ignition at:

10.1.      Our contact person: Lucy Engels

10.2.      Our email address: HRqueries@ignitiongroup.co.za

11.    Consent

11.1.      These Terms and Conditions contain provisions which limit our exposure to legal liability and 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.

11.2.      It is therefore important that you familiarise yourself with these Terms and Conditions before you access the Website and that you not access the Website if you do not agree to abide by them.

11.3.      By visiting the Website, you also consent to us and Ignition using your Personal Information as set out in our Privacy Policy and the Privacy Statement of Ignition as located on the Ignition Website.

11.4.      Direct Hire and Ignition 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 as read with the Privacy Policy of Ignition located on the Ignition Website.