OPTIMAL GROWTH TECHNOLOGIES (PTY) LTD
CAREERS PORTAL TERMS AND CONDITIONS
Version: 1.0
1. INTRODUCTION
1.1 These Careers Portal Terms and Conditions ("Terms") govern the access to and use of the Optimal Growth Technologies ("OGT", "we", "our" or "us") Careers Portal by any individual accessing, browsing, registering on, or submitting an application through the Careers Portal ("Applicant" or "you").
1.2 These Terms constitute a legally binding agreement between OGT and the Applicant and regulate the Applicant's use of the Careers Portal and participation in OGT's recruitment and selection processes.
1.3 By creating an account, browsing vacancies, uploading documentation, submitting an application, or selecting the "I Accept" option, the Applicant confirms that they have read, understood and agree to be legally bound by these Terms.
1.4 If the Applicant does not agree to these Terms, the Applicant must immediately discontinue use of the Careers Portal.
2. DEFINITIONS AND INTERPRETATION
For purposes of these Terms, unless the context indicates otherwise:
"Applicant" means any individual accessing the Careers Portal for the purpose of applying for employment, independent contractor, internship, graduate, temporary, permanent, consulting or any other opportunity offered by OGT or its Clients.
"Application" means any application submitted through the Careers Portal together with all supporting documentation, declarations, assessments, correspondence and information submitted by the Applicant.
"Careers Portal" means the online recruitment platform operated by or on behalf of OGT.
"Client" means any customer or prospective customer of OGT for whom recruitment or staffing services are provided.
"Confidential Information" includes all information relating to OGT, its Clients, business operations, recruitment processes, assessment material, technical documentation, commercial information, pricing, methodologies and any information not publicly available.
"Personal Information" shall bear the meaning assigned to it under the Protection of Personal Information Act 4 of 2013 ("POPIA").
"Recruitment Process" means every stage of recruitment including advertising, application, screening, interviewing, assessment, verification, selection, onboarding and any subsequent communication relating thereto.
"User Account" means an Applicant profile created on the Careers Portal.
"Website" means the OGT Careers Portal and all associated webpages.
Interpretation
Unless the context otherwise requires:
- headings are inserted for convenience only and shall not affect interpretation;
- words importing one gender include all genders;
- words importing the singular include the plural and vice versa;
- references to legislation include any amendment, replacement or re-enactment thereof;
- references to writing include electronic communications.
3. ACCEPTANCE OF TERMS
3.1 Binding Agreement
These Terms constitute a legally binding agreement between OGT and the Applicant.
3.2 Electronic Acceptance
In accordance with the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the Applicant acknowledges and agrees that acceptance of these Terms by electronic means, including by selecting an acceptance checkbox, creating an account or submitting an application, constitutes a valid and enforceable agreement.
3.3 Continued Use
Continued access to or use of the Careers Portal following publication of amended Terms shall constitute acceptance of those amended Terms.
3.4 Entire Agreement
These Terms, together with the Applicant Privacy Notice and any additional recruitment-specific notices published by OGT, constitute the entire agreement governing use of the Careers Portal prior to any employment or contractor agreement being entered into.
4. ELIGIBILITY
4.1 The Careers Portal is intended solely for individuals seeking genuine employment or engagement opportunities.
4.2 By accessing the Careers Portal, the Applicant warrants that:
a. they possess the legal capacity to enter into binding agreements;
b. they are at least eighteen (18) years of age, or have obtained any legally required consent;
c. they are not prohibited by law from seeking employment;
d. they have the legal right to submit the information provided;
e. they will comply with all applicable laws when using the Careers Portal.
4.3 Applicants located outside the Republic of South Africa acknowledge that use of the Careers Portal remains subject to these Terms and applicable South African law, except where mandatory local legislation provides otherwise.
5. APPLICANT ACCOUNT
5.1 Registration
Where registration is required, Applicants must create a User Account using accurate and complete information.
5.2 Security
Applicants shall be solely responsible for maintaining the confidentiality of their usernames and passwords.
5.3 Responsibility
The Applicant accepts responsibility for all activities undertaken using their User Account.
5.4 Multiple Accounts
Applicants shall not create multiple User Accounts for the purpose of circumventing recruitment decisions, manipulating recruitment outcomes or submitting duplicate applications unless expressly authorised by OGT.
5.5 Unauthorised Access
The Applicant shall immediately notify OGT if they suspect unauthorised access to their User Account.
5.6 Suspension
OGT reserves the right to suspend, restrict or terminate any User Account where OGT reasonably believes that:
a. these Terms have been breached;
b. fraudulent activity has occurred;
c. the security of the Careers Portal may have been compromised; or
d. continued access presents a legal, commercial or security risk.
6. ACCURACY OF INFORMATION
6.1 The Applicant warrants that all information submitted to OGT throughout the Recruitment Process is complete, accurate, truthful and not misleading.
6.2 This warranty extends to:
a. curriculum vitae;
b. cover letters;
c. qualifications;
d. certifications;
e. employment history;
f. remuneration information;
g. professional memberships;
h. references;
i. portfolios;
j. assessment responses; and
k. any other information submitted during the Recruitment Process.
6.3 The Applicant warrants that all documentation submitted is authentic and has not been forged, altered, manipulated or otherwise falsified.
6.4 The Applicant undertakes to notify OGT without unreasonable delay should any information previously submitted become inaccurate or materially change during the Recruitment Process.
6.5 OGT reserves the right, at any stage of the Recruitment Process, to verify the accuracy of information supplied by the Applicant.
6.6 Where OGT determines that any information supplied is false, misleading, fraudulent or materially incomplete, OGT may, without prejudice to any other rights available at law:
a. reject the Application;
b. discontinue the Recruitment Process;
c. withdraw any conditional or unconditional offer;
d. suspend or terminate the Applicant's User Account;
e. prohibit future use of the Careers Portal; and/or
f. report suspected unlawful conduct to the appropriate authorities.
7. ARTIFICIAL INTELLIGENCE, AUTOMATED TOOLS AND GENERATED CONTENT
7.1 Permitted Use of Artificial Intelligence
The Applicant may utilise artificial intelligence ("AI"), machine learning tools, grammar assistants, or other technology to assist in the preparation of an Application, provided that all information submitted to OGT remains truthful, accurate, complete, current and representative of the Applicant's own qualifications, experience, skills and abilities.
7.2 Applicant Responsibility
The Applicant acknowledges that the use of AI or other automated technologies does not relieve the Applicant of responsibility for the content of their Application. The Applicant remains solely responsible for verifying the accuracy of all information submitted through the Careers Portal.
7.3 Misrepresentation
Without limiting Clause 6, the Applicant shall not knowingly submit, upload or rely upon AI-generated or manipulated content that:
a. falsely represents the Applicant's qualifications, experience or competencies;
b. fabricates employment history, academic qualifications, certifications or professional memberships;
c. generates fictitious references or testimonials;
d. materially exaggerates skills or experience;
e. conceals information that would reasonably influence OGT's recruitment decision; or
f. otherwise misrepresents the Applicant's suitability for a position.
7.4 Assessments
Unless expressly permitted by OGT, Applicants shall complete all technical assessments, aptitude tests, interviews, coding exercises, case studies and similar recruitment activities personally and without unauthorised assistance from AI systems or third parties.
7.5 Right to Verify
OGT reserves the right to investigate the authenticity of any information or material submitted through the Careers Portal and may require the Applicant to demonstrate their knowledge, skills or competencies during any stage of the Recruitment Process.
7.6 Consequences
Where OGT reasonably believes that AI or other technology has been used to misrepresent an Applicant or compromise the integrity of the Recruitment Process, OGT may take any action contemplated in Clause 6.6.
8. RECRUITMENT PROCESS
8.1 General
The Careers Portal is intended solely to facilitate recruitment activities conducted by OGT on behalf of itself and, where applicable, its Clients.
8.2 No Offer of Employment
The publication of a vacancy, receipt of an Application, acknowledgement of receipt, invitation to interview, participation in assessments or any other communication shall not constitute an offer of employment, independent contractor engagement or any contractual commitment by OGT.
8.3 Discretion
OGT reserves the absolute discretion to determine the manner in which any Recruitment Process is conducted and may amend, suspend or terminate any Recruitment Process at any time without prior notice.
8.4 Recruitment Stages
Applicants acknowledge that the Recruitment Process may include one or more of the following:
a. application screening;
b. telephonic or virtual interviews;
c. face-to-face interviews;
d. psychometric assessments;
e. technical assessments;
f. competency-based interviews;
g. background screening;
h. client interviews;
i. reference verification;
j. security clearance procedures; and
k. any additional assessment considered necessary by OGT.
8.5 Client Requirements
Where recruitment is conducted on behalf of a Client, Applicants acknowledge that appointment may be subject to additional Client-specific requirements, approvals, security clearances, onboarding procedures or contractual obligations.
8.6 No Obligation Nothing contained within these Terms obligates OGT to:
a. review every Application;
b. interview every Applicant;
c. provide feedback;
d. fill any vacancy;
e. appoint the highest scoring Applicant; or
f. appoint any Applicant whatsoever.
8.7 Withdrawal of Vacancies
OGT reserves the right to withdraw, suspend, postpone or amend any advertised vacancy without incurring any liability whatsoever.
9. BACKGROUND SCREENING AND VERIFICATION
9.1 General
Where permitted by applicable law and relevant to the position applied for, OGT may conduct such verification activities as it reasonably considers necessary to assess an Applicant's suitability.
9.2 Verification Activities
Verification may include, without limitation:
a. identity verification;
b. citizenship or immigration status;
c. right-to-work verification;
d. qualification verification;
e. professional membership verification;
f. employment history verification;
g. reference checks;
h. criminal record screening;
i. credit checks for financially sensitive roles;
j. sanctions screening;
k. regulatory disqualification checks;
l. security clearance procedures;
m. social media screening where lawful and relevant; and
n. any additional verification required by OGT or its Client.
9.3 Applicant Cooperation
Applicants agree to provide all documentation and information reasonably required to facilitate any verification process.
9.4 Conditional Offers
Any offer of employment or engagement may be conditional upon the successful completion of any required verification process.
9.5 Failure to Cooperate
Where an Applicant refuses to participate in any lawful verification process relevant to the position, OGT reserves the right to discontinue the Recruitment Process.
10. FRAUD PREVENTION
10.1 Commitment to Integrity
OGT is committed to maintaining the integrity, fairness and security of its Recruitment Process.
10.2 Prohibited Conduct
Applicants shall not:
a. impersonate another individual;
b. submit forged documentation;
c. create fictitious identities;
d. submit multiple Applications under different identities;
e. manipulate assessment outcomes;
f. provide false references;
g. use another person's qualifications or experience;
h. interfere with recruitment systems; or
i. engage in any conduct intended to deceive OGT or its Clients.
10.3 Detection OGT may utilise automated systems, artificial intelligence, manual review processes and third-party verification providers to identify suspected fraudulent activity.
10.4 Investigation Where fraudulent conduct is suspected, OGT may suspend the Recruitment Process while conducting such investigations as it considers appropriate.
10.5 Remedies Without limiting any other legal rights available to OGT, fraudulent conduct may result in:
a. immediate rejection of the Application;
b. withdrawal of any employment offer;
c. termination of any existing employment or contractor relationship where legally permissible;
d. permanent restriction from using the Careers Portal;
e. civil proceedings for damages; and/or
f. referral to law enforcement authorities.
11. ACCEPTABLE USE OF THE CAREERS PORTAL
11.1 General The Applicant agrees to use the Careers Portal lawfully, responsibly and only for its intended purpose.
11.2 Prohibited Activities The Applicant shall not:
a. access another person's account;
b. interfere with the operation of the Careers Portal;
c. upload viruses, malware or malicious code;
d. attempt unauthorised access to any OGT systems;
e. reverse engineer or decompile any software used within the Careers Portal;
f. scrape, harvest or copy vacancy information using automated software;
g. conduct denial-of-service attacks;
h. introduce harmful code or scripts;
i. circumvent any security mechanisms;
j. use automated bots to submit Applications;
k. submit spam or unsolicited communications;
l. infringe any intellectual property rights; or
m. use the Careers Portal for any unlawful purpose.
11.3 Monitoring The Applicant acknowledges that OGT may monitor usage of the Careers Portal for security, operational and compliance purposes in accordance with applicable law.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 Ownership All intellectual property rights in and to the Careers Portal, including its software, source code, databases, graphics, trademarks, logos, content, vacancy advertisements, documentation, processes and design elements shall remain vested in OGT and/or its licensors.
12.2 Licence OGT grants the Applicant a limited, revocable, non-exclusive and non-transferable licence to access and use the Careers Portal solely for the purpose of applying for genuine employment or engagement opportunities.
12.3 Restrictions Except to the extent permitted by applicable law or with OGT's prior written consent, the Applicant shall not:
a. copy, reproduce or distribute any content from the Careers Portal;
b. create derivative works;
c. modify any software;
d. commercialise any content;
e. remove copyright or proprietary notices; or
f. exploit the Careers Portal for any commercial purpose.
12.4 Feedback Any suggestions, ideas or feedback voluntarily provided by an Applicant relating to the Careers Portal may be used by OGT without restriction or obligation to compensate the Applicant.
13. PRIVACY AND DATA PROTECTION
13.1 Collection of Personal Information The Applicant acknowledges that OGT will collect, process, store and use Personal Information submitted through the Careers Portal for lawful recruitment, employment, contractor engagement and related business purposes.
13.2 Privacy Notice The processing of Personal Information shall be governed by OGT's Applicant Privacy Notice, which forms an integral part of these Terms and is incorporated herein by reference.
13.3 Applicant Obligations The Applicant warrants that:
a. all Personal Information submitted belongs to the Applicant or has been lawfully obtained;
b. any Personal Information relating to referees or third parties has been disclosed with the necessary authority or consent;
c. all information submitted complies with applicable privacy legislation.
13.4 Cross-Border Transfers Where necessary for recruitment purposes, the Applicant acknowledges that Personal Information may be transferred to jurisdictions outside the Republic of South Africa. OGT shall implement appropriate safeguards for such transfers in accordance with POPIA and any other applicable legislation.
13.5 Retention OGT shall retain Applicant information only for so long as is reasonably necessary for recruitment, legal, regulatory, operational or legitimate business purposes, after which such information shall be securely deleted, anonymised or archived in accordance with OGT's retention policies and applicable law.
14. CONFIDENTIALITY
14.1 Confidential Information
During the Recruitment Process, the Applicant may receive or become aware of Confidential Information belonging to OGT, its Clients or third parties.
14.2 Confidentiality Undertaking The Applicant undertakes to:
a. keep all Confidential Information strictly confidential;
b. use such information solely for purposes of participating in the Recruitment Process;
c. not disclose Confidential Information to any third party without OGT's prior written consent;
d. implement reasonable measures to prevent unauthorised disclosure.
14.3 Survival The obligations contained in this clause shall survive the conclusion or termination of the Recruitment Process.
15. ELECTRONIC COMMUNICATIONS
15.1 Consent The Applicant consents to receiving communications electronically, including by email, SMS, telephone or through the Careers Portal.
15.2 Legal Notices The Applicant acknowledges that notices delivered electronically shall satisfy any legal requirement that such communication be in writing.
15.3 Responsibility The Applicant is responsible for ensuring that the contact details maintained on the Careers Portal remain accurate and current.
15.4 Electronic Records Electronic records maintained by OGT relating to the Applicant or Recruitment Process shall constitute prima facie evidence of such communications unless proven otherwise.
16. PORTAL AVAILABILITY
16.1 Availability Whilst OGT will use reasonable efforts to maintain the availability of the Careers Portal, uninterrupted access cannot be guaranteed.
16.2 Maintenance OGT may suspend, interrupt or restrict access to the Careers Portal for maintenance, upgrades, security enhancements or operational reasons without prior notice.
16.3 No Warranty The Careers Portal is provided on an "as is" and "as available" basis. OGT makes no representation or warranty that the Careers Portal will operate without interruption or error.
17. DISCLAIMERS
17.1 No Guarantee of Employment Nothing contained on the Careers Portal shall constitute an offer of employment or engagement.
17.2 Recruitment Decisions All recruitment decisions remain within the sole discretion of OGT and, where applicable, its Clients.
17.3 Website Information Whilst OGT endeavours to ensure that vacancy information is accurate, OGT makes no warranty regarding the completeness, accuracy or availability of any vacancy.
17.4 Third-Party Content OGT shall not be responsible for information or services provided by third parties linked to or integrated with the Careers Portal.
18. LIMITATION OF LIABILITY
18.1 General To the fullest extent permitted by applicable law, OGT shall not be liable for any direct, indirect, incidental, consequential, special or punitive damages arising from:
a. use of the Careers Portal;
b. inability to access the Careers Portal;
c. recruitment decisions;
d. delays in recruitment;
e. technical failures;
f. loss of opportunity;
g. internet interruptions;
h. unauthorised access caused by circumstances beyond OGT's reasonable control.
18.2 Maximum Liability Where liability cannot legally be excluded, OGT's liability shall be limited to the maximum extent permitted under applicable South African law.
19. INDEMNITY
19.1 The Applicant indemnifies and holds harmless OGT, its directors, employees, officers, agents, affiliates and Clients against any claims, losses, damages, liabilities, penalties, legal costs or expenses arising from:
a. any breach of these Terms;
b. any fraudulent or unlawful conduct by the Applicant;
c. infringement of intellectual property rights;
d. submission of false or misleading information;
e. misuse of the Careers Portal.
20. SUSPENSION AND TERMINATION
20.1 OGT may immediately suspend or terminate an Applicant's access to the Careers Portal where:
a. these Terms have been breached;
b. fraudulent conduct is suspected;
c. unlawful activity is identified;
d. continued access presents a security risk;
e. required by law.
20.2 Termination shall not affect any rights accrued by OGT prior to termination.
21. AMENDMENTS
21.1 OGT reserves the right to amend these Terms at any time.
21.2 Updated Terms shall become effective upon publication on the Careers Portal unless otherwise specified.
21.3 Continued use of the Careers Portal following publication of amended Terms constitutes acceptance of such amendments.
22. GOVERNING LAW AND JURISDICTION
22.1 These Terms and Conditions, the Applicant's use of the Careers Portal, the Recruitment Process, and any dispute, claim or cause of action arising out of or relating thereto, whether founded in contract, delict, statute or otherwise, shall be governed by and construed in accordance with the laws of the Republic of South Africa.
22.2 Without limiting the generality of the foregoing, these Terms shall be interpreted, where applicable, in accordance with the:
a. Constitution of the Republic of South Africa, 1996;
b. Protection of Personal Information Act 4 of 2013;
c. Electronic Communications and Transactions Act 25 of 2002;
d. Labour Relations Act 66 of 1995 (where applicable);
e. Basic Conditions of Employment Act 75 of 1997 (where applicable); and
f. any other applicable legislation in force from time to time.
22.3 Subject to any mandatory law providing otherwise, the parties irrevocably submit to the exclusive jurisdiction of the High Court of South Africa in respect of any dispute arising from or relating to these Terms or the Applicant's use of the Careers Portal.
23. GENERAL
23.1 Entire Agreement These Terms, together with the Applicant Privacy Notice and any other recruitment policies expressly incorporated by reference, constitute the entire agreement between OGT and the Applicant relating to the Careers Portal.
23.2 Severability Should any provision of these Terms be found to be unlawful, invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.
23.3 Waiver No failure or delay by OGT to exercise any right under these Terms shall constitute a waiver of that right.
23.4 Assignment The Applicant may not assign or transfer any rights or obligations arising under these Terms without OGT's prior written consent. OGT may assign or transfer its rights and obligations to any affiliated entity or successor in title.
23.5 Relationship Nothing contained in these Terms shall create any partnership, joint venture, agency or employment relationship between OGT and the Applicant.
23.6 Survival Any provisions which by their nature are intended to survive termination, including confidentiality, intellectual property, indemnity, limitation of liability, governing law and dispute resolution provisions, shall survive termination of these Terms.
24. CONTACT DETAILS Questions regarding these Terms or the Careers Portal may be directed to:
Optimal Growth Technologies (Pty) Ltd
Email: careers@optigrowtech.com
Privacy Enquiries: hr@optigrowtech.com
25. APPLICANT ACCEPTANCE
By proceeding, creating a User Account, accessing the Careers Portal or submitting an Application, the Applicant acknowledges and agrees that:
a. they have read and understood these Terms and Conditions;
b. they agree to be legally bound by these Terms;
c. they have had a reasonable opportunity to review these Terms prior to acceptance;
d. all information submitted is accurate, complete and not misleading;
e. they consent to OGT conducting lawful verification and recruitment activities in accordance with these Terms and the Applicant Privacy Notice;
f. electronic acceptance of these Terms constitutes a legally binding agreement in accordance with the Electronic Communications and Transactions Act 25 of 2002; and
g. they understand that acceptance of these Terms does not create any employment, contractor or other contractual relationship with OGT and that any such relationship shall arise only upon execution of a separate written agreement by the relevant parties.