1. Definitions

1.       "Davill Recruitment (SA) (PTY) Ltd" (davill.co.za) is the interactive on-line service operated by Davill Recruitment (SA) (PTY) Ltd on the World Wide Web of the Internet, consisting of information services and content provided by Davill Recruitment (SA) (PTY) Ltd, affiliates of Davill Recruitment (SA) (PTY) Ltd and other third parties.

2.       "The User" means each person who establishes or accesses a connection ("account") for access to and use of Davill Recruitment (SA) (PTY) Ltd.

2. General
This Agreement, which incorporates by reference other provisions applicable to use of Davill Recruitment (SA) (PTY) Ltd, including (but not limited to) supplemental terms and conditions set forth in paragraph 13 hereof ("Supplemental Terms") governing the use of certain specific material contained in Davill Recruitment (SA) (PTY) Ltd, sets forth the terms and conditions that apply to use of Davill Recruitment (SA) (PTY) Ltd by The User. By using Davill Recruitment (SA) (PTY) Ltd (other than to read this Agreement for the first time), The User agrees to comply with all of the terms and conditions hereof. The right to use Davill Recruitment (SA) (PTY) Ltd is personal to The User and is not transferable to any other person or entity. The User is responsible for all use of The User's Account (under any screen name or password) and for ensuring that all use of The User's Account complies fully with the provisions of this Agreement. The User shall be responsible for protecting the confidentiality of The User's password(s), if any. Davill Recruitment (SA) (PTY) Ltd shall have the right at any time to change or discontinue any aspect or feature of Davill Recruitment (SA) (PTY) Ltd, including (but not limited to) content, hours of availability, and equipment needed for access or use.

3. Changed Terms
Davill Recruitment (SA) (PTY) Ltd shall have the right at any time to change or modify the terms and conditions applicable to The User's use of Davill Recruitment (SA) (PTY) Ltd, or any part thereof, or to impose new conditions, including (but not limited to) adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including (but not limited to) posting on Davill Recruitment (SA) (PTY) Ltd, or by electronic or conventional mail, or by any other means by which The User obtains notice thereof. Any use of Davill Recruitment (SA) (PTY) Ltd by The User after such notice shall be deemed to constitute acceptance by The User of such changes, modifications or additions.

4. Equipment The User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Davill Recruitment (SA) (PTY) Ltd and all charges related thereto.

5. The User Conduct
The User shall use Davill Recruitment (SA) (PTY) Ltd for lawful purposes only. The User shall not post or transmit through Davill Recruitment (SA) (PTY) Ltd any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Davill Recruitment (SA) (Pty) Ltd's express prior approval, contains advertising or any solicitation.

1.       with respect to products or services. Any conduct by a The User that in Davill Recruitment (SA) (PTY) Ltd's discretion restricts or inhibits any other The User from using or enjoying Davill Recruitment (SA) (PTY) Ltd will not be permitted. The User shall not use Davill Recruitment (SA) (PTY) Ltd to advertise or perform any commercial solicitation, including (but not limited to) the solicitation of users to become users of other on-line information services competitive with Davill Recruitment (SA) (PTY) Ltd.

2.       Davill Recruitment (SA) (PTY) Ltd contains copyrighted material, trademarks and other proprietary information, including (but not limited to) text, software, photos, video, graphics, music and sound, and the entire contents of Job Navigator are copyrighted as a collective work under copyright laws of the Republic of South Africa. Davill Recruitment (SA) (PTY) Ltd owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. The User may download copyrighted material for The User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Davill Recruitment (SA) (PTY) Ltd and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

3.       The User shall not upload, post or otherwise make available on Davill Recruitment (SA) (PTY) Ltd any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with The User. The User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Davill Recruitment (SA) (PTY) Ltd, The User automatically grants, or warrants that the owner of such material has expressly granted Davill Recruitment (SA) (PTY) Ltd the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User also permits any other The User to access, view, store or reproduce the material for that The User's personal use. The User hereby grants Davill Recruitment (SA) (PTY) Ltd the right to edit, copy, publish and distribute any material made available on Davill Recruitment (SA) (PTY) Ltd by The User.

4.       The foregoing provisions of Section 5 are for the benefit of Davill Recruitment (SA) (PTY) Ltd, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

5.       Davill Recruitment (SA) (PTY) Ltd. The User hereby acknowledges that the provisions of this section shall apply to all content on Davill Recruitment (SA) (PTY) Ltd.

6.       In addition to the terms set forth above, neither Davill Recruitment (SA) (PTY) Ltd nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Davill Recruitment (SA) (PTY) Ltd, or for any delay or interruption in the transmission thereof to the The User, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including (but not limited to) lost profits, punitive or consequential damages. Neither Davill Recruitment (SA) (PTY) Ltd nor its affiliates, information providers or content providers warrant or guarantee the timeliness, sequence, accuracy, or completeness of the information provided. Additionally, there are no warranties as to the results obtained from the use of the information.

6. Disclaimer of Warranty; Limitation of Liability

1.       The User expressly agrees that use of Davill Recruitment (SA) (PTY) Ltd is at The User's sole risk. Neither Davill Recruitment (SA) (PTY) Ltd, its affiliates, nor any of their respective employees, agents, third party content providers, or licensors warrant that Job Navigator will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from use of Davill Recruitment (SA) (PTY) Ltd, or as to the accuracy, reliability, or content of any information, service, or merchandise provided through Davill Recruitment (SA) (PTY) Ltd.

2.       Davill Recruitment (SA) (PTY) Ltd is provided on an "as is" basis without warranties of any kind, either express or implied, including (but not limited to) warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

3.       This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. The User specifically acknowledges that Davill Recruitment (SA) (PTY) Ltd is not liable for the defamatory, offensive, or illegal conduct of other The Users or their parties and that the risk of injury from the foregoing rests entirely with The User.

In no event will Davill Recruitment (SA) (PTY) Ltd, or any person or entity involved in creating, producing or distributing Davill Recruitment (SA) (PTY) Ltd or the Davill Recruitment (SA) (PTY) Ltd software, be liable for any damages, including (without limitation) direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use.

7. Monitoring
Davill Recruitment (SA) (PTY) Ltd shall have the right, but not the obligation, to monitor the content of Davill Recruitment (SA) (PTY) Ltd, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Davill Recruitment (SA) (PTY) Ltd and to satisfy any law, regulation or authorized government request. Davill Recruitment (SA) (PTY) Ltd shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Davill Recruitment (SA) (PTY) Ltd. Without limiting the foregoing, Davill Recruitment (SA) (PTY) Ltd (Pty) Ltd shall have the right to remove any material that Davill Recruitment (SA) (PTY) Ltd, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

8. Indemnification
The User agrees to defend, indemnify and hold harmless Davill Recruitment (SA) (PTY) Ltd, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Davill Recruitment (SA) (PTY) Ltd by The User or The User's Account.

9. Termination
Davill Recruitment (SA) (PTY) Ltd may terminate this Agreement at any time. Without limiting the foregoing, Davill Recruitment (SA) (PTY) Ltd shall have the right to immediately terminate The User's Account in the event of any conduct by The User which Davill Recruitment (SA) (PTY) Ltd, in its sole discretion, considers to be unacceptable, or in the event of any breach by The User of this Agreement. The provisions of Sections 5(b), 5(c), 5(d), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.

10. Trademarks
Davill Recruitment (SA) (PTY) Ltd and www.davill.co.za and each of their logos are trademarks. All rights reserved. All other trademarks appearing on www.davill.co.za are the property of their respective owners.

11. Third Party Content
Davill Recruitment (SA) (PTY) Ltd is a distributor (and not a publisher) of content supplied by third parties and The Users. Accordingly, Davill Recruitment (SA) (PTY) Ltd has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, The User or any other user of Davill Recruitment (SA) (PTY) Ltd, are those of the respective author(s) or distributor(s) and not of Davill Recruitment (SA) (PTY) Ltd. Neither Davill Recruitment (SA) (PTY) Ltd nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.) In many instances, the content available through Davill Recruitment (SA) (PTY) Ltd represents the opinions and judgments of the respective information provider, The User, or other users not under contract with Davill Recruitment (SA) (PTY) Ltd. Davill Recruitment (SA) (PTY) Ltd neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Job Navigator by anyone other than authorized Davill Recruitment (SA) (PTY) Ltd employee spokespersons while acting in their official capacities. Under no circumstances will Davill Recruitment (SA) (PTY) Ltd be liable for any loss or damage caused by a The User's reliance on information obtained through Davill Recruitment (SA) (PTY) Ltd. It is the responsibility of The User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Davill Recruitment (SA) (PTY) Ltd. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

12. Miscellaneous
This Agreement and any operating rules for Davill Recruitment (SA) (PTY) Ltd established by Davill Recruitment (SA) (PTY) Ltd constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Republic of South Africa. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.