Terms & Conditions

1. Introduction

This page states the terms and conditions under which you may use this website www.mcidirectvideo.com (the “Website’’).

The website is made available to you by Direct Video (a division of MCI Consultants (Pty) Ltd, registration number 1983/011766/07, a limited liability private company duly registered in the Republic of South Africa, including its subsidiaries and holding companies from time to time) (referred to as ‘’we’’, “us” and “our”) (“Terms and Conditions“).

2. Services

The main purpose of this website is to provide online services through which employers, staffing companies seeking employees and independent contractors (our customers) can efficiently and effectively review and interview candidates. We provide our customers a variety of video options and tools to use.

We also provide online services through which individuals seeking employment can efficiently and effectively interview with employers, staffing companies seeking to hire employees and independent contractors.

3. Terms of use

Direct Video takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

We will not use your recorded content for any purpose unrelated to your Account. Of course, any individuals to whom you display such content will be able to hear and see such content.

If you choose to use your webcam and microphone through Direct Video for audio and video communications, you authorize us to allow others to see and hear you through the audio and video obtained through these devices. You also authorize Direct Video to record and store such information on its servers in your Account.

Given you will be using Direct Video for employment related purposes, you agree not to use any content or information obtained in violation of any applicable laws. Direct Video cannot advise you or provide you guidance on these laws.

Job Seekers are expressly prohibited from creating their own recordings of Video Interviews. Direct Video employs reasonable measures to prevent any unauthorized recording of Video Interviews.

Direct Video may add additional types of video content from time to time.

Direct Video is not an employment agency and we do not make any representations as to the qualifications of any individual, entity or employer.

Additionally, where an individual, entity, group or employer successfully secures employment, Direct Video makes no guarantees or representations as to the satisfaction of such employment.

Additionally, we do not guarantee that any individual or entity will find employment or an employee through Direct Video.

You may access the website on the condition that you accept these terms and conditions as they are, and without any modifications to them by you. These terms and conditions are a binding contract between you and us, so it is very important that you read them carefully and ensure that you understand and accept them.

If you access the website, we will take that to mean you have read and understand these terms and conditions and agree to them. If you do not agree with any provision contained in these terms and conditions, please do not access the sites.

We reserve the right, in our sole discretion, to, and you agree that we may, amend these terms and conditions at any time, in any way and from time to time. We will publish the amended terms and conditions on this website and notify you by way of notice on this website and on any other websites (where applicable) that the terms and conditions have been amended. These amendments shall come into effect immediately and automatically upon the publishing thereof on this website.

It is your responsibility to review these terms and conditions regularly and to ensure that you agree with any amendments to these terms and conditions. If you do not agree with any amendments to these terms and conditions, you may no longer access the sites.

Chapter VII of the ECT Act grants rights to any natural person (in other words, living human beings) who enters or intends entering what is known as an “electronic transaction” with us on the website. None of these terms and conditions are intended to limit the rights the ECT Act grants you.

4. Pricing, Payments, and Billing

Direct Video reserves the right to change the prices for any of the Direct Video services including, but not limited to, any prices associated with subscription service plans at any time.

At present, Direct Video provides services to Job Seeker Customers on a complimentary basis at no charge (Direct Video does bill its Employer Customers and Staffing Customers). However, Direct Video reserves the right to change its policy and pricing at any time.

Method of Payments

To purchase Direct Video services, you must provide us with a valid credit card or checking account debit information. Direct Video presently accepts payments from Direct Video customers using a secure connection. We reserve the right to choose the forms of payment accepted for Direct Video services, to refuse select forms of payment, to refuse service to anyone, and to add or remove third parties from whom it will accept payments.

Payment options accepted

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Direct Video bank account, the details of which will be provided on request. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Card acquiring and security

Card transactions will be acquired for Direct Video via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details will be stored by Direct Video separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

Advance Billing

Direct Video bills in advance for our services on a recurring basis. We may, in its sole discretion, provide you with monthly, quarterly, semi-annual, and / or annual subscription service plans from which to choose, depending on your payment method, account history, and / or account preferences.

Should Direct Video provide you with a subscription service plan that encompasses more than one month (quarterly, semi-annual, or annual), we may, in its sole discretion, provide you the option to pay for the entire subscription service plan in one or multiple advance payments, depending on your payment method, account history, and / or account preferences.

By choosing your subscription service plan, method of payment, and applicable billing cycle, you authorize Direct Video to use the form of payment specified in your account preferences or settings to bill you automatically in advance for the chosen Direct Video services on a recurring basis for each applicable billing cycle until your account has been cancelled and the applicable subscription plan has concluded.

Should you decide to cancel your account, your account will be effectively cancelled after the conclusion of your then-existing service plan.

Renewals

For the convenience of its Direct Video customers, we automatically renew subscription plans.

Returns and Refunds

The provision of goods and services by Direct Video is subject to availability. In cases of unavailability, Direct Video will refund the client in full within 30 days. Cancellation of orders by the client will attract an administration fee.

We do not refund purchased services. Consequently, there will be no refunds for periods where Direct Video services were unused should your account be cancelled including, but not limited to, period of dormancy or time remaining on subscription plans.  Moreover, should you enter into a quarterly, semi-annual, or annual subscription plan wherein you make monthly payments, you agree to make monthly payments for the entire term of your subscription plan whether you use or cancel the Direct Video services prior to the expiration of your subscription.  Consequently, Direct Video cannot cancel or refund monthly payments associated with subscription plans.

Timing of Payments

Payments must be authorized and / or made at the time of purchase.  Where you enter a subscription plan with monthly or periodic payments, the payments will be made automatically in advance of each month or period.

Taxes and Other Excluded Fees

Payments for Direct Video services do not include taxes, levies, withholdings, or duties imposed by taxing authorities or other applicable third parties. You are responsible for the payment of all such taxes, levies, withholdings or duties.

Insufficient Funds and Chargebacks

Direct Video processes all payments to it through a third party.  Should your payments be cancelled or reversed because of insufficient funds or chargebacks, you will be responsible for any charges and / or penalties implemented by these third parties to you and / or Direct Video.

5. User conduct

Registration

You may be required to register on the website if you wish to access the website. Registration is achieved using a registration form available on the website. Where you register with the Social networks to access the branded websites you grant permission to the social networks to pass certain of your personal information to us to enable you to access the sites. Registration with the Social networks is subject to the social networks’ terms of use.

When you register on the website you may be asked to select a username and password which you will use to secure your account. Once registered You will be able to log into your account using your username and your password or your relevant account information with your preferred authentication service.

In order to successfully complete the registration process, you may be required to submit information about yourself and your preferences to us (“registration data”). The use of your registration data is dealt with in our Privacy Policy (link available below), which, for the avoidance of doubt, forms part of these terms and conditions.

You warrant that the registration data is accurate, current and complete (this includes registration data we may receive from the providers). You will be denied access to the website should you breach this warranty or subsequently be found to have breached this warranty.

We may take steps to verify your registration data once you have completed the requisite registration process using a verification email sent to your given email address. You agree to this verification process and irrevocably consent to us gaining access to relevant information held by 3rd parties (including, but not limited to the social networks) which may be required to reasonably complete the verification process. You acknowledge and agree that access to the sites may be limited until such time as the verification process has been successfully completed.

Should you not agree to the verification process as contemplated above or withhold your consent, your access to the website, generally, may be suspended or terminated and you waive any claims you may have against us, our associates, our officers, directors, employees, servants, agents and / or contractors arising out of our denial of access to you to the sites.

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

• you are responsible for maintaining and promptly updating the registration data and any other information you provide us with, thereby keeping it accurate, current and complete;
• you believe that information or content posted to the sites infringes on any person’s rights in any way, you will notify us immediately;
• you believe the security of your registration on the sites has been compromised in any way, you will notify us (in the case of this website) or the relevant provider (in the case of the branded sites) immediately;
• you shall be held fully responsible for any misuse or compromise to your account which we are not properly notified about; and
• if any security violations are believed to have occurred in association with your account, we reserve the right to suspend access to your account pending an investigation and resolution.

The user warrants that all orders for goods placed in relation to the users account are made by the user or with the Users express consent and that the user will be responsible for the payment of any orders for goods in respect of the user’s account.

Access

Content accessible through the websites may not be appropriate for all users and while we take steps to monitor and remove objectionable content, it remains solely your responsibility not to consume inappropriate content or to prevent underage users from accessing this content where it is within your control to do so.

The website will contain content that we, you and other users create. Some of this content will be directed to or appear on 3rd Party websites (which may include the social networks). Your use of those 3rd Party websites are subject to both these terms and conditions and the terms and conditions applicable to those 3rd Party websites (which may include the social networks’ terms of use, and in this regard, the social networks’ terms of use shall be incorporated herein).

You agree that it remains your obligation to familiarise yourself with the 3rd Party websites terms and conditions (including, where appropriate, the providers’ terms) and to comply with both them and these terms and conditions. In the event there is a conflict between these terms and conditions and a 3rd Party websites terms of use (including, where appropriate, the Social networks’ terms of Use), these terms and conditions shall prevail for the purposes of your access to the sites.

You may not access the content or the sites for or in conjunction with any illegal, unlawful or immoral purposes or for purposes prohibited by these terms and conditions.

You may not frame the sites in any way whatsoever except as permitted by the website functionality (details may be found on the sites concerned) or otherwise without our prior written permission. Recognising the global nature of the internet, you agree to comply with all local laws, rules and regulations regarding your conduct on the sites as well as the providers’ terms.

You agree to adhere to generally acceptable internet and email etiquette. In this regard, without being limited to the examples listed below, you agree not to:

• engage in any abuse of email or spamming, including, without being limited to – the posting or cross–posting of unsolicited content with the same or substantially the same message to recipients that did not request to receive such messages; and inviting people who you may be connected to using 3rd party services (including, but not limited to the social networks) to access the sites where those people may not wish to receive such invitations or similar communications (in other words, make sure your contacts on other services are receptive to receiving invitations to joining us and accessing the sites or other communications You send them from us);
• engage in any activity intended to entice, solicit or otherwise recruit website users to join an organisation except where we expressly authorise such activities in writing;
• take any action aimed at deceiving or misleading any person, attempt to impersonate or misrepresent your affiliation to any person or forge headers or otherwise manipulate identifiers in order to disguise the origin of anything Posted through the sites;
• use the website to post anything which is defamatory, discriminatory, obscene, offensive, threatening, abusive, harassing, harmful, hateful or which carries child pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s personality rights;
• use the website to make fraudulent offers to sell or buy products, items or services or to offer or solicit for any type of scam such as “pyramid schemes” and “chain letters”;
• use the website in a manner that may infringe the intellectual property rights (for example copyright or trademarks) or other proprietary rights of others (including, but not limited to, the Intellectual Property);
• use the website in any manner which could damage, impair, overburden or disable the sites or interfere with any other party’s access to the sites;
• use the website to post anything which contains viruses or any other destructive features, regardless of whether damage is intended;
• gather email addresses and/or names for commercial, political, charity or like purposes or use the services to collect or attempt to collect personal information about third parties without their knowledge or consent;
• violate the privacy of any person or attempt to gain unauthorised access to the sites or any other network, including (without being limited to) through hacking, password mining or any other means; and/or
• otherwise use the sites to engage in any illegal or unlawful activity.

Should you engage in any one or more of the above practices, which shall be determined in our sole discretion (and which decision shall be final), then we shall be entitled, without prejudice to any other rights we may have, to:

• without notice, suspend or terminate your access to the sites to the extent your access to the sites is within our control;
• hold you liable for any costs or damages we incur as a result of your misconduct; and/or
• notwithstanding our Privacy Policy (refer to link below), disclose any information relating to you, whether public or personal, to all persons affected by your actions.

Opting out

Direct Video will inform you about the right to opt out in every email notification and therefore you may opt out at any time without any form requirements and free of charge. You can also request to opt out by sending an email to support@mcidirecthire.com.

Cancellation of Account

You may cancel your account at any time. Before doing so, we recommend you review these Terms of Use carefully so you understand what will occur upon cancellation particularly in relation to payments for Direct Video services. To effectively cancel your account, please contact us at support@mcidirecthire.com for assistance.  Upon doing so, the cancellation of your account will take place promptly. Upon cancellation, all your content may be deleted permanently. We shall not be responsible for the loss of any content due to the cancellation (or termination) of a Direct Video account.

Direct Video is not responsible should an account remain active if the cancellation procedure described above is not followed.

6. Changes and amendments to these terms and conditions

Direct Video reserves the right to change the information displayed on the website including these Terms and Conditions at any time without notice to you.

It is your responsibility to visit the website periodically to review the Terms and Conditions to which you are bound.

The new terms will be effective immediately when they are posted on the website and, by continuing to access or use the website, you will be deemed to have accepted the new terms (as published on the Website).

7. Copyrights

The website (and all related pages) including, but not limited to, pictures, photographs used on the website, any content, software, text, graphics, trade names, logos, trade-marks, designs and service marks or any other material contained in or electronically distributed on the website (collectively referred to as the “Website Content“) are protected by law, including but not limited to copyright and trade mark law (whether in South Africa or elsewhere in the world where the website is accessed and / or used).

You understand that any reproduction of the website content and / or Trademarks by you or any third party in any manner whatsoever is strictly prohibited.

8. Disclaimer

Direct Video shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website and / or the website content; or your inability to use the website and / or the website content, and / or any unlawful activity on the website and / or third party links.

9. Indemnity

YOU HEREBY INDEMNIFY DIRECT VIDEO AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE WEBSITE, WEBSITE CONTENT AND / OR ANY THIRD-PARTY LINKS.

We are not responsible for files and data residing on your account or for any contributions you may have made to the sites. You agree to take full responsibility for files and data transferred and your content as well as to maintain all appropriate backup of files and data stored on our servers.

With respect to the service, please note that we are only data controllers with respect to any associated entities’ personal information for the purposes set out in this Privacy Policy (refer to link below).

For all other purposes relating to the service, Direct Video operates as data processors for our customers and our customers act as data controllers.

Our customers have their own Privacy Policies and we do not accept any responsibility or liability for their policies or processing of personal information. This Privacy Policy and the rights and obligations set out above only apply where we are acting as data controllers.

10. Limitations of Indemnity

(“We” and “us” in the context of this disclaimer and limitation of liability includes our customers, their affiliated companies and subsidiaries) your use of and reliance on the sites is entirely at your own risk. The sites are provided “as is”.

Although we take steps to verify information presented on or through the sites, we do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information contained in, displayed on, linked to or distributed through the sites or the content other users may publish to the sites. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions on the sites without notice to you.

Information, ideas and opinions expressed on or through the sites should not be regarded as professional advice or our official opinion and you are strongly advised to seek professional advice before acting on such information.

To the fullest extent permissible by applicable law, we disclaim all warranties of any kind, whether express or implied, including without limitation to the implied warranties that the content published to the sites (or the sites themselves, for that matter) is fit for any purpose other than as a reference work in respect of the content provided on the sites.

We will always use reasonable endeavours to make the sites available to you and keep the sites available to you. However, you agree that we shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in or your access to the sites (either in part or as a whole) for any reason whatsoever.

11. Contact us

The website is managed by Direct Video. Should you have any queries or comments about the website or our Terms & Conditions you may contact us at:

• Our physical address: Ground Floor, Office 1, 18 Nicol Road, Bedfordview, Gauteng;
• Our postal address: PO Box 71, Bruma, 2026;
• Our email address: support@mcidirecthire.com; or
• Our contact number: +27 (0) 11 454 3420.

12. Consent

These terms and conditions contain provisions which limit our exposure to legal liability and even make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms and conditions.

It is therefore important that you familiarise yourself with these provisions before you access the sites and that you not access the sites if you do not agree to abide by those provisions.

By visiting our website, you also consent to us using your personal information as set out in our Privacy Policy.

Direct Video respects and values the security and privacy of your personal information and follows security procedures when storing and disclosing your personal information to prevent unauthorised access to such information. You agree that we may collect, store and use certain personal information about you in accordance with our Privacy Policy.