1. INTRODUCTION TO THE PLATFORM AND SERVICES

   1. Ditto Hire provides a recruitment managing platform providing various Platform-as-a-Service software services, including but not limited to allowing ATS Users the ability to create and manage their own job placements and opportunities as well as receive and manage feedback when candidate users have activated these opportunities on associated job placement websites (including the Ditto Jobs platform). Further, candidate users can also upload their qualifications and CVs to the Platform and the Platform’s affiliate platform Ditto Jobs to build a personal profile which can be reviewed by other users who wish to engage the candidate for employment and/or other transactions. Ditto Hire and the Platform provides its various PaaS Services as tools for the users to privately and easily engage with each other and manage recruitment opportunities (collectively, the “Service/s”).

   2. These Terms explain the conditions applicable to how users must make use of the Platform and the core provisions applicable to a user’s use of any Services derived from Ditto Hire. Depending on the exact Services used, a user may also need to conclude additional agreements/terms with Ditto Hire, which agreements/terms will contain more specific details and/or conditions relating to the exact Service acquired, including exact services and fees to be expected.

      1. ATS Users are also subject to the ATS Terms, dictating their use of the Services as well as the Fees applicable.

   3. In return for using some of the Services available, a user may have to pay a fee to Ditto Hire (“Fee”), but same Fee will be detailed to you on the Platform or relevant Ditto Hire’s Service invoice, before you incur such a Fee, or in any further Service-specific agreement you may conclude with Ditto Hire or another third party. Please visit the Platform or contact us for a breakdown of the exact current Fees applicable to your chosen Services, especially as an ATS User.

   4. The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon Ditto Hire uploading the amended Terms (including the ATS Terms) to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by the Terms, as amended. It is therefore your responsibility to read these Terms periodically to ensure you are aware of any changes.

   5. Unauthorised use of the Platform may give rise to a claim for damages and/or be a criminal offence.

2. RELATIONSHIP BETWEEN THE PARTIES

   1. www.dittohire.com is a web service which carries job advertisement and CV content independently published by third parties on the Ditto Hire Platform. Ditto Hire is not involved in the recruitment process and must not be considered to be a recruiter and/or employer with respect to the use of the Platform. Ditto Hire shall not be responsible for any user entering into agreements or making decisions of whatever nature in connection with the posting of jobs, CV and/or the contents thereof and/or any other information obtained on the Platform.

   2. All negotiation, engagement and transaction occurring between users in relation to any such possible employment or contracting between them has nothing to do with Ditto Hire, and is exclusively the liability and responsibility of the those privately engaging users.

   3. Your use of the Platform, the tools thereon or the Services is entirely at your own risk and based on your own volition and expertise.

3. PRIVACY AND EXCHANGE OF PERSONAL INFORMATION

   1. Ditto Hire takes the processing of your personal information very seriously and does so in accordance with not just the South African Protection of Personal Information Act, 2013 (“POPI” - as amended).

   2. You should carefully read our full Privacy Policy before using the Platform as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to Ditto Hire.

   3. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Ditto Hire are likely to reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Ditto Hire may process such information, within the terms of the Privacy Policy.

   4. Do not provide us with any personal information which is not yours, or which you have no lawful right to provide on another entity’s/person’s behalf. Do not provide us with the personal information of a minor in any way. Your failure to adhere to these provisions constitutes your immediate and material breach of these Terms.

   5. Users understand and agree that should they upload their and/or a candidate’s personal information, including CVS and employment history to the Platform, that information will be shared with our authorised job placement portals and websites. Similarly, users who activate a job placement advert on another website, where such an advert is managed by our Services, the user’s information inputted on that third-party website will be forwarded to us for processing and management via our Platform and Services.

   6. For clarity on user types, there are two main types of candidate users with the associate features:

      1. A “Created” candidate user is a candidate that is loaded onto the Platform by an authorised recruiter user. This candidate does not apply via any website nor give consent to Ditto Hire and therefore the recruiter user is liable for this Created candidate information supplied to Ditto Hire.

         1. As such, when we on-board new recruiter clients, they sometimes provide us a with their own candidate and client database which we migrate for them into Ditto Hire. The recruiter user is at all times liable for this data, and Ditto Hire is under no circumstances responsible for this data and may never use this data.

      2. An “Organic” candidate is a person that has applied for a job or has submitted their profile through the Ditto Jobs platform themselves directly, and, hence, Ditto Hire is allowed to contact this user. This candidate type is personally liable for all information they provide about themselves to the Platform and/or Ditto Jobs/Ditto Hire.

4. USER REGISTRATION PROCESS

   1. In order to make use of most of the Services, you must complete the necessary registration process detailed on the Platform and acquire a Profile. Each user shall have only one (1) Profile and agrees to provide accurate, current, and complete information during the registration process and to update such information as and when it changes.

   2. Ditto Hire requires you to submit your full name, e-mail address, location, and phone number when registering a Profile. Users may then setup additional features of their Profile, depending on the exact Services acquired, as prompted by the Platform.

   3. To protect your privacy and security, the Platform takes reasonable steps to verify your identity by requiring a password together with your provided e-mail address in order to grant access to your Profile and data. To view or change your personal information provided, you can edit your Profile, edit your company Profile and/or request your password to be changed.

   4. By entering your personal information on the Platform, you warrant that the person using the Platform is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your log-in details or password with anyone.

5. THE SERVICES

   1. For further and exact information on the various Services currently offered by Ditto Hire, or those specific to you, please consult the relevant “Help” pages on the Platform or please contact [email protected] who will gladly assist. ATS Users must also review the ATS Terms for further information on their available tools and functions using the Platform and Services.

   2. For general information purposes, and subject to further information relating to these Services made available by Ditto Hire on the Platform or elsewhere, users can create job adverts, client records and candidate profiles using the easy-to-use tools on the Platform, and then maximise the dissemination of such information using our many linked authorised recruitment and job websites.

   3. Recruiters can then also receive valuable feedback on how their opportunities/candidates are succeeding in the market, through the information received back from the platforms advertised on/used. Ditto Hire mayalso automatically recommendcandidates from your own created database or matches CVs and other files saved on your database.

   4. Candidate users can also use the relevant parts and tools of Platform to create an employment/qualifications profile which houses the candidate user’s various qualifications, CV and work experience. Other users can then search through these profiles, and then subsequently engage with candidate users whom they so choose. Please bear in mind however, that Ditto Hire clients do not automatically have access to our entire candidate database. Only once a candidate submits their profile to a company or applies for a specific company’s job, will the client receive access to the candidate’s information.

   5. Users are solely responsible for any and all information they provide to Ditto Hire/the Platform in creating their profile, which they warrant to Ditto Hire as being true and correct in every regard.

6. FEE FOR DITTO HIRE SERVICES

   1. Ditto Hire’s services that facilitate applications for employment are free of charge, where only ATS Users using our full suite of management software Services will be charged a transaction fee that is payable at the execution of the transaction (“Fee”). For an exact breakdown of the Fees applicable to the use of a particular Service from Ditto Hire, please see our Platform and/or contact us at [email protected]

   2. Your telephone or cellular service provider will charge all telephone calls that you make to Ditto Hire telephony-based facilities at their normal rates. The same applies for internet usage required to use the Platform.

   3. Please also consult the ATS Terms for Fee information and payment details.

   4. You may contact Ditto Hire via email at [email protected] to obtain a full record of your transactions with Ditto Hire.

7. USER RESPONSIBILITIES AND WARRANTIES

   1. By using the Platform and/or the Services, you warrant that:

      1. you have read and agreed to these Terms and will use the Platform and Services in accordance with them;

      2. all information you provide to the Platform and/or Ditto Hire is true and accurate in every respect, recognising that furnishing false employment or qualifications information is a criminal offence under South African law;

      3. you understand and agree that Ditto Hire is not a regulated advisory, educational, payments service provider, nor labour broker or recruiter, and you take all responsibility for the decisions you make via the Platform and/or Services;

      4. you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;

      5. you lawfully possess and submit all information to the Platform and/or Ditto Hire for the use of it or the Services;

      6. you will only ever provide correct and true job adverts reflecting a real available position, and never use the Services nor Platform for fake or scam positions/opportunities which do not actually exist or have features different to those actually advertised. We reserve the right to remove any such fake, suspicious or fictitious advert or Profile associated to such actions, even on the basis of a reasonable suspicion of such actions occurring;

      7. you will not post, upload, replicate or transmit any abusive content on the Platform that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform;

      8. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;

      9. you will not use any device, software or routine or the like to interfere or attempt to interfere with the proper working of the Platform or take any action that imposes an unreasonable or disproportionately large load on the Platform infrastructure;

      10. you will not access the Platform by any means other than through the interface that is provided by Ditto Hire or attempting to access the Platform without first logging in through the Platform login page;

      11. you will not copy, reproduce, alter, modify, creating derivative works, or publicly display any content from the Platform without Ditto Hire’s prior written permission;

      12. you will not reverse assemble or otherwise attempt to discover any source code relating to the Platform or any tool and function therein, except to the extent that such activity is expressly permitted by applicable law;

      13. you will not access data not intended for you or log into a server or account which you are not authorized to access;

      14. you will not attempt to probe, scan or test the vulnerability of a Ditto Hire system or network or to breach security or authentication measures without proper authorization;

      15. you will not “scrape” nor copy any information from the Platform or Ditto Jobs for any use or replication on any other website or for any other purpose;

      16. you will not attempt to interfere with the service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, "flooding", "spamming", "mail bombing" or "crashing", sending and/or posting unsolicited email, including promotions;

      17. you will not advertise content, products or services without our prior written permission;

      18. you will not forge any TCP/IP packet header or any part of the header information in any email or newsgroup;

      19. you will not post, delete or revise any material posted by any other person or entity, using any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform;

      20. you will not infringe the intellectual property or other rights of any third party or the Platform or transmit content that the user does not own or does not have the right to publish or distribute;

      21. you will not use the Platform for any commercial purpose other than as expressly provided for by Ditto Hire herein;

      22. you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or

      23. you will not facilitate or assist any third party to do any of the above,failing which, your failure will automatically deemed to be a material breach of these Terms, allowing Ditto Hire to use its full spectrum of rights available to it against the infringing party, including reporting you to the authorities, denying you access to or use of any Service or the Platform and/or claiming contractual (including consequential) damages from you.

          2. The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Platform. The network’s data and messaging rates and fees may apply if you use the Platform and you shall be responsible for such rates and fees.

          3. Without prejudice to any of Ditto Hire’s other rights (whether at law or otherwise), Ditto Hire reserves the right to deny you access to the Platform or the Services where Ditto Hire believes (in its reasonable discretion) that you are in breach of any of these Terms.

          4. Ditto Hire does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or device.

8. ADDITIONAL TERMS APPLICABLE TO CANDIDATES /JOB SEEKERS

   1. You indemnify Ditto Hire against all claims, actions, suits, liabilities, costs and expenses incurred on any account as a result of the listing or intended listing of any résumé by you on www.dittojobs.com , or any related site. For clarity, this includes any claims that may arise out of any user’s creation and/or dissemination of any fake or scam placements/adverts.

   2. Ditto Hire makes every effort to ensure that Applicant Data is treated in the strictest confidence, however, you will not hold Ditto Hire responsible if your résumé was unlawfully copied from the Ditto Hire website through nefarious means and/or distributed without consent.

   3. Access to the candidate résumé database is available only to Ditto Hire clients who have been approved for résumé search capabilities and whom Ditto Hire has issued with privileged access codes to search the Ditto Hire database. Such Ditto Hire clients may access the candidate résumé database (if same client has such access by virtue of a candidate’s submission of their information via a linked company, where our database is completely closed off to access unless the candidate submits their Profile or applies for a job with the linked company) solely for the purpose of identifying candidates whose work preferences for location, category, industry and occupation match the clients’ current vacancy advertisements with Ditto Hire. While Ditto Hire will make every effort to ensure that Ditto Hire clients adhere to this undertaking, you herewith indemnify Ditto Hire against wrongful conduct, of any kind, by Ditto Hire clients.

   4. Ditto Hire reserves the right to either reject or remove any résumé from its Platform/s for any reason whatsoever. Candidates also have the ability to remove their data from our Platform which will also remove any client users’ access to the candidate profile when logging into Ditto Hire.

   5. You agree to present yourself truthfully in your résumés on Ditto Hire.

   6. Ditto Hire makes every effort to deliver applications to vacancies in the shortest possible time. You will however not hold Ditto Hire liable for any loss or damage as a result of any failure or delay in the delivery of an application for employment to an Advertiser.

   7. You agree, at all times, to deal with any information or products provided by Ditto Hire in a manner which abides by all applicable laws of South Africa, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).

   8. Ditto Hire and its associates at all times limit their liability to the re-supply, where possible, of services not properly rendered; and where the re-supply of the service is not possible, to the refund of moneys paid for such services.

   9. Ditto Hire will not be liable under this paragraph where the failure to render services properly is attributable partially or wholly to your actions or omissions.

   10. You may not assign or transfer your rights and obligations to any other person without Ditto Hire’s prior written approval (which will not be unreasonably withheld).

9. ADDITIONAL TERMS FOR ADVERTISERS

   1. The Services Ditto Hire provides facilities for recruiters to place advertisements pertaining to employment vacancies on the Ditto Jobs Website. In addition:

      1. Recruiter users can create jobs on Ditto Hire. These jobs are completely private until the user advertises the job.

      2. Once the job is advertised, the job becomes visible on the various portals that the user advertises to, via our integration partners.

      3. All integrations redirect the candidate to Ditto Jobs.

      4. When a recruiter user does not select Ditto Jobs when advertising a job, the job is not searchable on Ditto Jobs but the candidate will still be redirected from third party integrations to Ditto Jobs to complete their profiles.

   2. All advertisements are linked to a vacancy category and job title selected by the Advertiser.

   3. All advertisements placed will remain visible on Ditto Jobs and its partner websites for a period determined by the Advertiser and the partner websites.

   4. Ditto Jobs provides search services to allow applicants to view the vacancies. These include hierarchical and a text search facilities.

   5. Users understand that other parties may try to replicate or “scrape” information provided to our Platform/Ditto Jobs, which is a prohibited action over which we cannot exert control. We take every reasonable action to prevent such action from occurring (such as removing no longer available positions as fast as possible), but we will not be liable for such prohibited actions performed by such random third parties.

   6. When applicants register with Ditto Jobs, the Ditto Jobs system records their position preferences. This information is used to generate email notifications to applicants of positions that may suit them.

   7. Advertiser vacancy advertisements will be linked to the criteria that are used to generate notifications, which means that Ditto Jobs will actively market vacancies to selected applicants.

   8. Prices set by Ditto Hire for the use of the Ditto Jobs platform/Ditto Hire Services may vary without notice.

   9. All amounts owing to Ditto Hire must be paid within 7 (seven) days of the date of invoice. Ditto Hire may charge interest on late payment in accordance with the prevailing Standard Bank prime overdraft rate.

   10. Advertisers must pay the amount of all invoices in full to Ditto Hire’s bank account(s), notwithstanding any errors or omissions in any advertisement, into Ditto Hire’s nominated bank account(s), free of deduction or set off.

   11. The prices listed on the Platform/Ditto Jobs website are valid from 1 December 2017 and exclude VAT.

   12. It is the responsibility of Advertisers to ensure they comply with the Labour Relations Act and any other anti-discrimination legislation applicable in the Republic of South Africa. This is relevant to the creation of vacancy advertisements on Ditto Jobs using the standard "create advertisement" form. Ditto Hire will not accept advertisements that appear to be contrary to law.

   13. The Advertiser indemnifies Ditto Hire against all claims, actions, suits, liabilities, costs and expenses incurred on any account by Ditto Hire as a result of the listing or intended listing of any advertisement by that Advertiser on www.dittohire.com , or any related site.

   14. Ditto Hire shall use reasonable endeavours to keep the vacancy advertisements available at all times. However, the Advertiser agrees that Ditto Hire shall not be liable to the Advertiser or any other person whatsoever in respect of any loss or damages caused by or arising from the unavailability of, or any interruption in the display of the advertisements for any reason whatsoever.

   15. Ditto Hire shall use their best endeavours to notify the Advertiser of any maintenance and repairs which may result in the advertisements being unavailable, but do not warrant that such notice will be given in advance.

   16. Ditto Hire will do everything in its power to ensure that the Ditto Hire/Ditto Jobs server is free from viruses or other destructive software, by employing industry standard virus protection and firewalling technology. Ditto Hire cannot and does not, however, guarantee or warrant that files available for downloading through the site or delivered via electronic mail through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Advertisers are responsible for implementing sufficient procedures and checkpoints to satisfy their particular security requirements and output, and for maintaining external means for the reconstruction of any lost data.

   17. Advertisers must make every effort to avoid errors in advertisements. Ditto Hire accepts no responsibility or liability for any errors and requires that Advertisers check their advertisements for errors as soon as they are placed on the site(s). Any errors may be edited immediately.

   18. Ditto Hire reserves the right to either reject or remove any advertisement from its site(s) for any reason whatsoever.

   19. Ditto Hire makes every effort to publish advertisements in the shortest possible time. Ditto Hire is not liable for any loss or damage incurred by an Advertiser as a result of any failure or delay in the listing an advertisement on Ditto Jobs or its partner websites.

   20. The Advertiser agrees at all times to deal with any information or products provided by Ditto Hire in a manner which abides by all applicable laws of South Africa, or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).

   21. To the fullest extent permitted by law, Ditto Hire and its associates exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on any services provided by Ditto Hire or its associates. Ditto Hire and its associates at all times limit their liability to the re-supply, where possible, of services not properly rendered; and where the re-supply of the service is not possible, to the refund of moneys paid for such services.

   22. Ditto Hire will not be liable under this paragraph where the failure to render services properly is attributable partially or wholly to the Advertiser’s actions or omissions.

   23. The Advertiser agrees to keep Ditto Hire and its associates fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against Ditto Hire as a result of an actual or alleged breach by him/ her of any law, or such other actions or claims brought in relation to the provision of services by Ditto Hire/Ditto Jobs on behalf of the Advertiser.

   24. The Advertiser may not assign or transfer your rights and obligations to any other person without Ditto Hire’s prior written approval (which will not be unreasonably withheld). If the Advertiser is a company, any change in the effective control of its ownership shall be deemed an assignment for the purpose of this clause.

   25. Ditto Hire shall not divulge any personal information obtained from the Advertiser to any third parties unless:

       1. the Advertiser has consented to any disclosure of such personal information to be made to any third party;

       2. any disclosure of such personal information is to be made by Ditto Hire to any of their employees or agents for the purpose of rendering the services to the Advertiser;

       3. Ditto Hire are compelled by any law or order of court to disclose such personal information.

   26. Any personal information supplied by the Advertiser to Ditto Hire/Ditto Jobs shall be securely stored by Ditto Hire and its associates.

   27. Whilst Ditto Hire shall endeavour to protect the Advertiser from disclosure to any other party concerning the information furnished in this agreement, Ditto Hire shall nonetheless not be liable for damages in any manner whatsoever to the Advertiser should such information become known to any other party, provided that such endeavour shall not apply in regard to any information which is publicly available from sources other than the parties.

   28. Access to the candidate CV database is available only to Ditto Hire clients who have been approved for CV search capabilities. Ditto Hire clients may access the candidate CV database solely for the purpose of recruitment. Ditto Hire clients may not use the candidate CV database for any other purpose including, but not limited to, collecting and storing candidate contact information and other data.

   29. Ditto Hire clients are required to be bound by the applicable South African laws, binding schemes or contracts that uphold privacy principles. Organisations, which are not bound by substantially similar principles, will be held to the rules described by the Information Technology Association of South Africa’s Code of Conduct.

10. KYC AND AML REQUIREMENTS

    1. A user’s ability to make use of various parts of the Platform or particular Services, may be regulated by applicable know-your-customer (“KYC”) and/or anti-money laundering (“AML”) lawsand the respective rules and regulations.

    2. Ditto Hire may, at various times and depending on a range of factors in its sole discretion, including the amount of a transaction actioned and/or the exact nature of the user, require that a user submit certain information to Ditto Hire in order for the user to be verified as not infringing any of Ditto Hire’s KYC and/or AML requirements and/or local or foreign laws. This information may include identity documents, passport documents and/or bank account information. Ditto Hire reserves the right to limit or terminate a user’s access and use of the Services should the user fail to adhere to these requirements to the standard required by Ditto Hire. Ditto Hire also reserves the right to share this information with any legal authority when required under applicable laws.

    3. Ditto Hire may restrict user transactions that may violate laws or Ditto Hire’s internal KYC or AML conditions herein and as updated from time to time.

    4. As a minimum, the following rules are applied:

       1. should we receive a payment from you with no associated Service-provision, we may ask for a proof of contract;

       2. should we receive a Fee payment between R50,000.00 (fifty thousand Rand) and R100,000.00 (one hundred thousand Rand), we may request a proof of address and copy of your ID/company information; and/or

       3. should we receive a Fee payment above R100,000.00 (one hundred thousand Rand), we may request copies of all of your director’s ID documents and proof of banking partner (in addition to the items requested above).

11. RECEIPT AND TRANSMISSION OF DATA MESSAGES

    1. Data messages, including email messages, sent by you to Ditto Hire will be considered to be received only when acknowledged or responded to.

    2. Data messages sent by Ditto Hire to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

    3. Ditto Hire reserves the right not to respond to any email or other data message which 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 where necessary.

    4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Ditto Hire is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether from Ditto Hire to a user, between users or from a user to Ditto Hire.

12. HYPERLINKS, DEEP LINKS, FRAMING

    1. The Platform may include links to other internet sites ("the other sites"). Ditto Hire does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.

    2. Ditto Hire does not purport to own the content on other sites which may be shown on the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please write to [email protected] to request the removal of such content.

    3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third-party operator of the other sites.

13. ADVERTISING AND SPONSORSHIP

    1. The Platform may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Platform complies with all applicable laws and regulations.

    2. Ditto Hire, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

    3. For clarity, our Ditto Jobs website will show:

       1. Ditto Hire jobs created by our ATS Users; and

       2. External job ads from external third-party job portals.

    4. We may also show advertisements from advertising networks such as Google AdSense and Google AdX, as well as sourcing advertising from our own media clients.

14. INTELLECTUAL PROPERTY PROTECTION

    1. All Platform layout, content, material, information, data, software, icons, text, graphics, images, sound clips, advertisements, video clips, user interface design, trade names, logos, trademarks, designs, copyright and/or service marks (whether registered or un-registered), together with the underlying software code and everything submitted by a user to the Platform and Ditto Hire in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Ditto Hire, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.

       1. For clarity, all rights to any intellectual property provided by a user to the Platform will remain with the user, but for which the user has provided Ditto Hire with a non-exclusive, non-transferable licence to use such user intellectual property as Ditto Hire deems fit on the Platform and/or in advertising, for as long as the user remains registered on the Platform.

    2. Subject to the rights afforded to you in these terms, all other rights to all intellectual property and content on the Platform are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, multi-media content, graphics or other material on the website or the underlying software code whether in whole or in part, without the written consent of Ditto Hire first being granted (through a content use-license or otherwise), which consent may be refused at the discretion of Ditto Hire. No modification of any intellectual property or editorial content or graphics is permitted. Should you breach these provisions, Ditto Hire and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in (amongst other things) a claim of damages being brought against you.

    3. Ditto Hire reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics, and other materials on the Platform or to suspend or terminate the Platform, at any time on reasonable notice to you; provided that any transactions or functions already concluded through the Platform, will not be affected by such suspension or termination (as the case may be).

    4. Where any of the Platform intellectual property has been licensed to Ditto Hire or belongs to any third party, other than that which has been submitted by a user to the Platform in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third party terms and conditions.

    5. Subject to adherence to the Terms, Ditto Hire grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained on the Platform on any machine which the user is the primary user. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without the prior written permission of Ditto Hire.

    6. Any enquiries regarding any of the above relating to intellectual property must be directed to Ditto Hire at [email protected].

15. DISCLAIMERS AND LIMITATIONS OF LIABILITY

    1. Neither Ditto Hire nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors ("Ditto Hire Affiliates") shall be cumulatively liable for any special, incidental, indirect, punitive, or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, or any of the content or other materials on, accessed through or downloaded from Ditto Hire and/or the Platform.

       1. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different.

       2. This limitation of liability shall apply regardless of whether you base your claim on contract, tort, statute or any other legal theory.

       3. This limitation of liability shall not apply to any damage that Ditto Hire may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.

    2. The Platform and Services, including any intellectual property appearing therein, are provided "as is" and "as available". Ditto Hire makes 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.

    3. All information or opinions of users made available on the Platform in relation to any of the Services are those of the authors and not Ditto Hire. While Ditto Hire makes every reasonable effort to present such information accurately and reliably on the Platform, Ditto Hire does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Platform.

    4. Ditto Hire takes reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access from the Platform. However, Ditto Hire 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. The user’s access to and use of the Platform remains solely at the user’s own risk and the user should take their own precautions accordingly.

16. INDEMNITIES

    1. The user indemnifies and holds harmless Ditto Hire, its shareholders, employees, and partners from any demand, action or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Platform and/or Services offered or concluded through the Platform in any way.

    2. The user agrees to indemnify, defend and hold Ditto Hire harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.

    3. This clause will survive termination of this agreement.

17. COMPANY INFORMATION

    1. Site owner: Ditto Jobs (Pty) Ltd.

    2. Legal status: For profit, limited liability

    3. Registration number: 2015/372082/07

    4. Directors: L. Delport, C. Fourie, JC Van Niekerk

    5. Description of main business: Platform-as-a-Service software provider

    6. Telephone number: +27(0)21 422 0871

    7. Email address: [email protected]

    8. Platform address: https://www.dittohire.com

    9. Physical address: 35 Wesley Street, Gardens, Cape Town,

8001

10. Postal address: 35 Wesley Street, Gardens, Cape Town,

8001

11. Registered address: 35 Wesley Street, Gardens, Cape Town,

8001

12. Any applicable association membership: N/A

18. DISPUTE RESOLUTION AND GOVERNING LAW

    1. The user’s access and/or use of the Platform and/or Services, any downloaded material from it and the operation of these Terms (including any transaction/license concluded pursuant thereto) shall be governed by and construed in accordance with the laws of the Republic of South Africa only.

    2. Should any dispute, disagreement or claim arise between a user and Ditto Hire concerning 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.

    3. Should the 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 discussion between them, for the purposes of finding a mutually beneficial solution.

    4. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Gauteng North Division, Pretoria, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or Ombud, as provided for in applicable legislation.

    5. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. 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.

19. TERMINATION OF USE OF PLATFORM OR SERVICES

    1. IN ADDITION TO ITS OTHER RIGHTS HEREIN, DITTO HIRE RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR USE OF THE PLATFORM, SERVICES AND OR ANY CONTENT USE-LICENSE IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT DITTO HIRE GIVES REASONABLE NOTICE TO YOU.

    2. Whilst ATS Users have a 1 (one) calendar months’ notice period requirement to terminate their agreement with these Terms and Ditto Hire, you may terminate your use of the Services at any time, subject to any additional conditions related thereto which a user may be subject to by virtue of another agreement concluded between the user and Ditto Hire. Further, termination by a user will not affect any existing obligation that that user may have accrued at the time of termination, which will not be affected by same termination (such as the payment of Fee to Ditto Hire).

20. FORCE MAJEURE

If Ditto Hire is prevented from or hindered or delayed in performing any obligation under these Terms by reason of any circumstance beyond its reasonable control (including but not limited to, acts of god, medical pandemics, governmental restraints, strikes, labour disputes (other than strikes or labour disputes by its own staff), war, extreme weather, electrical/internet load-shedding, fire, flood, riot, sabotage and terrorism), it shall be excused performance to the extent affected by the circumstances concerned so long as it shall both give notice to any effected user, if applicable, of those circumstances promptly after they first affected performance and use all reasonable commercial endeavours to remove or avoid their cause or effect.

21. NOTICES AND SERVICE ADDRESS

    1. 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 as being:

       1. in the case of Ditto Hire, at [email protected] ; or

       2. in the case of the user, at the e-mail and addresses provided by the user to Ditto Hire in their Profile registration/subscription confirmation process, or otherwise.

    2. 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.

    3. Notwithstanding the above, any notice given in writing in English, and actually 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.

22. GENERAL

    1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.4 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.

    2. No indulgence, leniency or extension of time granted by Ditto Hire shall constitute a waiver of any of Ditto Hire’s rights under these Terms and, accordingly, Ditto Hire shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.

    3. 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.

    4. The headings to the paragraphs in the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

    5. Should you have any complaints or queries, kindly address an email to Ditto Hire at [email protected] of same.

    6. In the event of the user failing to pay any amount timeously or breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and user) (including collection commission) which may be incurred by Ditto Hire in relation to the payment failure or breach.

    7. Each sentence, paragraph, term, clause and provision of these Terms 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.

    8. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 22.7.