Welcome, and thank you for using http://www.dittojobs.com and our other services and apps. When you use our products and services, you’re agreeing to the terms as set out below by Ditto Jobs (PTY) Ltd ("Ditto Jobs"), which owns and operates Ditto Jobs and related platforms. "Platforms" include websites, mobile sites, mobile applications, software etc. Please take a few minutes to read over the User Agreement below.
All Ditto Jobs’ services that facilitate applications for employment are free of charge. Certain ancillary products and services may attract a transaction fee that is payable at the execution of the transaction.
Your telephone or Cellular Service Provider will charge all telephone calls that you make to Ditto Jobs telephony based facilities at their normal rates.
Users may not use the website in order to transmit, distribute, store or destroy material:
- in violation of any applicable law or regulation.
- in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.
- that is defamatory, obscene, threatening, abusive or hateful.
TThe following are prohibited with respect to the Website:
- using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website.
- using any robot, spider and/or automated devices to generate automated postings and/or spam.
- using any device, software or routine or the like to interfere or attempt to interfere with the proper working of the Website.
- taking any action that imposes an unreasonable or disproportionately large load on the Website infrastructure.
- accessing the Website by any means other than through the interface that is provided by Ditto Jobs or attempting to access the Website without first logging in through the Website login page.
- copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website without Ditto Jobs' prior written permission.
- reverse assembling or otherwise attempting to discover any source code relating to the Website or any tool and function therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- attempting to access any area of the Website to which access is not authorized.
- access by a User who is less than 18 (eighteen) years of age.
SECURITY RULES OF USE
Users are prohibited from violating or attempting to violate the security of the Website, including but without limitation:
- accessing data not intended for such user or logging into a server or account which the user is not authorized to access.
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submit ting a virus to the website, overloading, "flooding", "spamming", "mail bombing" or "crashing".
- sending and/or posting unsolicited email, including promotions; advertising content and/or advertising of products or services.
- orging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
- deleting or revising 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 this website or any activity being conducted on this site.
- Violations of system or network security may result in civil or criminal liability. Ditto Jobs will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
All rights in/to the content of this Website is reserved and retained by the owners of such rights. Users of this Website are not granted a license or any other right including without limitation under Copyright, Trade Mark, Patent or Intellectual Property Rights in/or to the content.
Please note that certain information, statements, data, and content (such as photographs) which you may submit to Ditto Jobs are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you.
LIMITATION OF LIABILITY
Neither Ditto Jobs nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors ("Ditto Jobs 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 Jobs.
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. This limitation of liability shall apply regardless of whether:
- you base your claim on contract, tort, statute or any other legal theory.
- Ditto Jobs knew or should have known about the possibility of such damages.
- the limited remedies provided in this section fail of their essential purpose and
This limitation of liability shall not apply:
- to any damage that Ditto Jobs 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.
- if you have entered into a separate agreement to purchase Recruiter Services with a separate Limitation of Liability provision that supersedes this section in relation to those Services.
www.dittojobs.com is a web service which carries job advertisement and CV content independently published by third parties on the Ditto Jobs website (the "Website"). Ditto Jobs 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 Website. Ditto Jobs 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 Website.
ADDITIONAL TERMS APPLICABLE TO CANDIDATES/JOB SEEKERS
You indemnify Ditto Jobs 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.
Ditto Jobs makes every effort to ensure that Applicant Data is treated in the strictest confidence, however, you will not hold Ditto Jobs responsible if your résumé was unlawfully copied from the Ditto Jobs website through nefarious means and/or distributed without consent.
Access to the candidate résumé database is available only to Ditto Jobs recruitment agency clients who have been approved for résumé search capabilities and whom Ditto Jobs has issued with privileged access codes to search the Ditto Jobs database. Such Ditto Jobs clients may access the candidate résumé database solely for the purpose of identifying candidates whose work preferences for location, category, industry and occupation match the clients’ current vacancy advertisements with Ditto Jobs. While Ditto Jobs will make every effort to ensure that Ditto Jobs clients adhere to this undertaking, you herewith indemnify Ditto Jobs against wrongful conduct, of any kind, by Ditto Jobs recruitment agency clients.
While Ditto Jobs will implement precautionary measures to ensure that the Ditto Jobs website is free from viruses, Ditto Jobs cannot and does not 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. You are responsible for implementing sufficient protective software on your system that will satisfy your particular data security requirements and for maintaining a means external to your workstation for the reconstruction of any lost data.
You agree to take precautionary measures to ensure that your résumé on Ditto Jobs is free from viruses or other destructive code.
Ditto Jobs reserves the right to either reject or remove any résumé from its site(s) for any reason whatsoever.
You agree to present yourself truthfully in your résumés on Ditto Jobs.
Ditto Jobs makes every effort to deliver applications to vacancies in the shortest possible time. You will however not hold Ditto Jobs 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.
You agree, at all times, to deal with any information or products provided by Ditto Jobs 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).
To the fullest extent permitted by law, Ditto Jobs 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 Jobs or its associates. Ditto Jobs 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. Ditto Jobs will not be liable under this paragraph where the failure to render services properly is attributable partially or wholly to your actions or omissions.
You agree to keep Ditto Jobs 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 Jobs as a result of an actual or alleged breach by you of any law, or such other actions or claims brought in relation to the provision of services by Ditto Jobs to you.
You may not assign or transfer your rights and obligations to any other person without Ditto Jobs’ prior written approval (which will not be unreasonably withheld).
This agreement is governed by the laws of South Africa. You irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of South Africa, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
Ditto Jobs retains all intellectual property rights contained in the data stored on Ditto Jobs and services provided by Ditto Jobs, and you agree not to infringe any of Ditto Jobs' rights without Ditto Jobs’ prior written consent. This includes the use of public domain information represented on Ditto Jobs.
You agree not to use the Ditto Jobs’ infrastructure or technology to market any service to Ditto Jobs.
ADDITIONAL TERMS FOR ADVERTISERS
Ditto Jobs provides facilities for recruiters to place advertisements pertaining to employment vacancies on the Ditto Jobs Website. All advertisements are linked to a vacancy category and job title selected by the advertiser.
All advertisements placed will remain visible on Ditto Jobs and its partner websites for a period determined by the advertiser and the partner websites.
Ditto Jobs provides search services to allow applicants to view the vacancies. These include hierarchical and a text search facilities.
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. 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.
Prices set by Ditto Jobs may vary without notice.
All amounts owing to Ditto Jobs must be paid within 7 (seven) days of the date of invoice. Ditto Jobs may charge interest on late payment in accordance with the prevailing Standard Bank prime overdraft rate.
Advertisers must pay the amount of all invoices in full to Ditto Jobs’ bank account(s), notwithstanding any errors or omissions in any advertisement, into Ditto Jobs’ nominated bank account(s), free of deduction or set off. The prices listed on this site are valid from 1 December 2017 and exclude VAT.
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 Jobs will not accept advertisements that appear to be contrary to law.
The advertiser indemnifies Ditto Jobs against all claims, actions, suits, liabilities, costs and expenses incurred on any account by Ditto Jobs as a result of the listing or intended listing of any advertisement by that advertiser on www.dittojobs.com, or any related site.
Ditto Jobs shall use reasonable endeavours to keep the vacancy advertisements available at all times. However, the advertiser agrees that Ditto Jobs 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.
Ditto Jobs 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.
Ditto Jobs will do everything in its power to ensure that the Ditto Jobs server is free from viruses or other destructive software, by employing industry standard virus protection and firewalling technology. Ditto Jobs 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.
Advertisers must make every effort to avoid errors in advertisements. Ditto Jobs 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.
Ditto Jobs reserves the right to either reject or remove any advertisement from its site(s) for any reason whatsoever.
Ditto Jobs makes every effort to publish advertisements in the shortest possible time. Ditto Jobs 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.
The Advertiser agrees at all times to deal with any information or products provided by Ditto Jobs 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).
To the fullest extent permitted by law, Ditto Jobs 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 Jobs or its associates. Ditto Jobs 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. Ditto Jobs 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.
The Advertiser agrees to keep Ditto Jobs 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 Jobs 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 Jobs on behalf of the Advertiser.
The Advertiser may not assign or transfer your rights and obligations to any other person without Ditto Jobs’ 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.
This agreement is governed by the laws of South Africa. The Advertiser irrevocably and unconditionally submit to the exclusive jurisdiction of the Courts of South Africa, and waive any objection to legal action being brought in those Courts on the grounds of venue or inconvenient forum.
Ditto Jobs retains all intellectual property rights contained in any of the data gathered as well as goods and services provided to the Advertiser by Ditto Jobs, and the Advertiser agrees not to infringe any of Ditto Jobs’ rights without Ditto Jobs’ prior written consent.
Ditto Jobs shall not divulge any personal information obtained from the advertiser to any third parties unless:
- the advertiser has consented to any disclosure of such personal information to be made to any third party;
- any disclosure of such personal information is to be made by Ditto Jobs to any of their employees or agents for the purpose of rendering the services to the advertiser;
Ditto Jobs are compelled by any law or order of court to disclose such personal information.
Any personal information supplied by the advertiser to Ditto Jobs shall be securely stored by Ditto Jobs and its associates.
Whilst Ditto Jobs shall endeavour to protect the advertiser from disclosure to any other party concerning the information furnished in this agreement, Ditto Jobs 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.
Candidate CV Database
Access to the candidate CV database is available only to Ditto Jobs clients who have been approved for CV search capabilities.
Ditto Jobs clients may access the candidate CV database solely for the purpose of recruitment.
Ditto Jobs 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.
Ditto Jobs 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.
All data stored on the Ditto Jobs database is copyright protected and is Ditto Jobs intellectual property.
The Entire Agreement
This agreement constitutes the whole agreement between the parties relating to the subject matter hereof. No amendment or consensual cancellation of this agreement or any provision or term thereof shall be binding unless recorded in a written document signed by the parties.
2. TERMS AND CONDITIONS
FOR APPLICANT TRACKING
This Agreement is made and entered into by and between Ditto Jobs (PTY) Ltd ("Ditto Jobs") and the Customer as follows. Definitions set forth in Section 11 will apply.
THE CUSTOMER USE OF THE SUBSCRIPTION SERVICE
Conditioned on the Customer’s payment of the fees due under this Agreement and the Customer’s compliance with the Agreement’s terms and conditions, Ditto Jobs grants the Customer a limited, non-exclusive, non-transferable subscription licence to access and use the Service for the Initial Term and any Renewal Terms(s) (as defined below).
RESTRICTIONS ON USE
- a. The Customer may obtain User Accounts for any persons that the Customer authorises to use the Service for its business, including, but not limited to, the Customer’s employees and contractors. However the Customer may not sublicense, resell or supply the Service for use in any other organisation, entity, business, or enterprise without Ditto Jobs' prior written consent.
- b. The Customer is initially authorised to permit use by the number of User Accounts listed in the provided pricing schedule. The Customer, by its authorised Support Contact or Account Contact, may add to the number of User Accounts by contacting Ditto Jobs Customer Support by email or phone or by utilising applicable management features of the Service.
- c. The Customer is permitted to store, print, and display the Content only for its own (or as applicable his or her own) business use in connection with use of the Service. The Customer shall only provide Sensitive Data in the specific data field provided by Ditto Jobs for inclusion of such Sensitive Data. The Customer may not alter, resell or sublicense the Service or provide it as a service bureau. The Customer agrees not to reverse engineer the Service or its technology. The Customer will not use or access the Service to: (i) build a competitive product or service, (ii) make or have made a product or service with similar features, functions, text, or graphics, (iii) make derivative works based upon the Service or Content or (iv) copy any features, functions, text, or graphics of the Service or the Content. The Customer will not "frame" or "mirror" the Service. Use, resale or exploitation of the Service and/or the Content except as expressly permitted in the Agreement is prohibited. The Customer agrees to be subject to restrictions on use in the Terms of Service.
- d. the Customer acknowledges and will advise its customers and/or Users that the Customer Data may be located in foreign jurisdictions, and the Customer consents, and will obtain any required consents from, or provide any required notices to, its customers, candidates, data subjects and/or Users, that the Customer Data may be processed, accessed and/or stored in foreign jurisdictions and that applicable laws in those foreign jurisdictions might permit foreign governments, courts, law enforcement or regulatory agencies to access the Customer Data in those jurisdictions.
ACCOUNT INFORMATION AND DATA
All the Customer Data submitted by the Customer to Ditto Jobs, whether posted by the Customer or by Users, will remain the sole property of the Customer or such Users to the full extent provided by law. The Customer will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all the Customer Data and will be deemed the data controller of the Customer Data. Ditto Jobs will not use the Customer Data for any purpose other than to provide the Service to the Customer and for statistical reporting or analytical purposes, provided that User contact information may be used as provided in the Terms of Service. Ditto Jobs may aggregate, use, disclose, distribute, and publish anonymous statistical or analytical User data regarding use and functioning of its system by its various Users or regarding Users. Such statistical or analytical data will be the sole property of Ditto Jobs.
Each party agrees (a) to keep confidential all Confidential Information disclosed to it by the other party or by a third party; (b) not to use the Confidential Information of the other party or a third party except to the extent reasonably necessary to perform its obligations or exercise its rights hereunder; (c) to protect the confidentiality of such Confidential Information as it protects its own Confidential Information (but in any event with no less than a reasonable degree of care); and (d) to make Confidential Information available to its own employees, consultants and contractors only on a need-to-know basis and only provided such employees, consultants or contractors are under a binding obligation of confidentiality with respect thereto. Confidential Information shall not include information which (e) is known publicly; (f) is generally known in the industry before its disclosure to recipient hereunder; (g) has become known publicly, without fault of the recipient, subsequent to its disclosure by the disclosing party; or (h) becomes known to the recipient from a third party not bound by non-disclosure obligations to the disclosing party and with the lawful right to disclose such information to the recipient. Notwithstanding the foregoing, this Section shall not prohibit the disclosure of Confidential Information (a) to the extent that such disclosure is permitted or required by law or order of a court or other governmental authority or regulation, or (b) in connection with a claim between the parties under the Agreement.
TERMS OF SERVICE
THE CUSTOMER ACKNOWLEDGES AND AGREES THAT IT (OR AS APPLICABLE HE OR SHE) HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY THE TERMS OF SERVICE (AS MAY BE UPDATED FROM TIME TO TIME) POSTED AT https://www.dittojobs.com/terms-and-conditions OR OTHER SUCH URL AS MAY BE SPECIFIED BY DITTO JOBS OR ARE OTHERWISE SUPPLIED TO CUSTOMER, WHICH TERMS OF SERVICE ARE INCORPORATED HEREIN BY REFERENCE AND INCLUDE CERTAIN LEGAL TERMS. ANY REFERENCE IN THIS DOCUMENT TO THE AGREEMENT INCLUDES THE TERMS OF SERVICE.
- a. The Customer shall pay fees as set forth in the provided Pricing Schedule, as otherwise provided in the Agreement, or as otherwise agreed in writing. Subscription Fees begin to accrue on the day the transaction was processed and will be calculated on a pro-rata rate for the remaining days of the month and will renew monthly on the first day of every month or as indicated in the Pricing Schedule or the Service Start Date, whichever is earlier.
- b. A User Account can be assigned only to one individual; User Accounts may not be shared. However if an individual permanently ceases to be assigned to a particular User Account, that User Account may be assigned to another individual. The Customer is responsible for enabling and disabling individual Users.
- c. The billing interval is indicated in the Pricing Schedule provided by Ditto Jobs. The Subscription Fees will be invoiced for each billing interval on or about the first day of that billing interval, in advance for that entire interval (except as otherwise agreed in writing for certain items), and are due within 7 days of the invoice date. If the Billing Start Date or Service Start Date is the first day of a calendar month, then the regular, full billing intervals will start on that date, whichever is earlier. If not, then the regular, full billing intervals will start on the first day of the first full calendar month after the Billing Start Date or Service Start Date, whichever is earlier, and the Subscription Fees for the partial month starting on such Billing Start Date or Service Start Date, as the case may be, will be prorated and added to the invoice for the first full billing interval.
- d. "Subscription Fees" are the recurring fees for User Accounts, Credits, modules, and other items. Some are based on the number of billable Users (such as those for the User Accounts for the main Service) and others are a flat monthly fee, as specified in the Pricing Schedule. Additional services may also be purchased as a singular transaction. For a given billing interval, the periodic Subscription Fee for User Accounts is equal to the number of billable User Accounts on the first day of that billing interval multiplied by the monthly Subscription Fee per User for the applicable Service, then multiplied by the number of months in the billing interval. The number of billable User Accounts for the first billing interval is the initial number of Users (for the applicable Service) specified in the provided Pricing Schedule. User Accounts that are added) will be charged as billable User Accounts at the then current price per User Account without any corresponding downward adjustment for Users that for any reason no longer use or have access to, the Service. For the remainder of the Term, the Customer shall pay the additional Subscription Fee for each User Account added, quarterly in arrears for other User Accounts under this Agreement, except that if the User Account is added other than on the first day of a billing interval, the additional Subscription Fee for that first, partial billing interval shall be prorated. Different billable User rules may apply for items other than those based on User Accounts. In no event shall the monthly Subscription Fees for such other items be less than the amounts provided under the provided Pricing Schedule (as it may be amended in writing or otherwise adjusted hereunder from time to time), treating the number of Users specified for each therein as a minimum number for billing purposes.
- e. Invoices for all fees are due and payable within 7 days of invoice date. For customers paying via credit or debit card, customer’s credit or debit card account is charged simultaneously with the creation of the customer’s invoice. The Customer’s account will be considered delinquent (in arrears) if payment in full is not received by the due date. Ditto Jobs fees and charges are exclusive of value added tax, withholding and any other applicable taxes, levies, or duties, and the Customer will be responsible for payment of all such amounts. Unless Ditto Jobs otherwise agrees in writing, all amounts are payable in South African Rand (ZAR). If the Customer believes that any specific charge under the Agreement is incorrect, in order to obtain a credit, the Customer must contact Ditto Jobs in writing within 7 days of invoice date setting forth the nature and amount of the requested correction and pay the undisputed portion by the due date.
- f. "Support Contact" means the User or Users designated by the Customer as its contact for day-to-day interaction with Ditto Jobs.
- g. "User" means a single individual that has access at any time during the Term to the Service pursuant to the Customer’s authorisation under this Agreement. Authorisation for online access of a User to the Service arranged for under this Agreement, whether actually used or not, is called a "User Account."
- The Customer may terminate their Contract at any time by cancelling their subscription with one calendar months’ notice by contacting Ditto Jobs. Fees paid in advance by the Customer are non-refundable. All outstanding fees will be settled by the customer before the contract cancellation will take effect.
- Ditto Jobs shall be entitled to suspend and/or terminate the Customer’s access and use of the Website and/or the Services if Ditto Jobs has reason to believe that the Customer has breached any of the provisions of these Terms within 30 days of Ditto Jobs providing you with written notice (including notice by email).
- In the case of your non-payment (including in the event when your credit card cannot be charged), Ditto Jobs may suspend your access to the Service upon any such non-payment and may terminate this Agreement, if such breach is not remedied within 7 days of notice by Ditto Jobs to you.
- Upon termination of the Customer’s Contract, the Customer may no longer access or use the Services and the Website.
- The Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties.
- The Agreement, including all exhibits and/or attachments and the Terms of Service represent the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior discussions, writings, communications, emails and/or agreements between the parties and is intended to be the final expression of their Agreement.
- The Customer acknowledges that, in entering into the Agreement, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in the Agreement. This shall not limit or exclude any liability for fraud.
- This Agreement is effective only when executed by an authorised officer of Ditto Jobs. Ditto Jobs' marketing staff is not authorised to negotiate concerning or to sign this Agreement or to vary the terms or conditions of this Agreement.
- Except as set forth in the Agreement, it shall not be modified or amended except in writing signed by both parties.
- No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect.
- Neither party shall be liable for any loss or delay (not including delay in payment) resulting from any force majeure event or condition, including, but not limited to, acts of God, fire, natural disaster, terrorism, sabotage, Internet failure, labour stoppage, war or military hostilities, criminal or wrongful acts of third parties, and any delivery of Service date shall be extended to the extent of any delay resulting from any force majeure event.
- Neither party may assign the Agreement without written consent of the other, except to a related entity or the successor of all or substantially all of the assignor’s line of business or assets to which the Agreement relates; provided, however, that the Customer may not assign this Agreement to any Ditto Jobs competitor. Ditto Jobs may engage one or more affiliates or contractors to carry out its obligations under this Agreement.
- The Agreement will be interpreted fairly in accordance with its terms, without any strict construction in favour of or against either party.
- No term of the Agreement is intended to confer a benefit on, or to be enforceable by, any person who is not a party to the Agreement.
- The Agreement shall be governed in accordance with South African law. The parties irrevocably agree that the courts of South Africa shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims)