1. INTRODUCTION

Welcome to Hustle Co.

These Website Terms of Use and General Conditions (“Terms”) govern your access to and use of the Hustle Co. website, services, communications, recruitment platforms, databases, software systems, marketing materials and related services.

By accessing our website, submitting information, applying for opportunities, requesting recruitment services, engaging with our consultants or otherwise interacting with Hustle Co., you agree to be bound by these Terms.

If you do not agree to these Terms, you should discontinue use of the website and refrain from submitting information to Hustle Co.

2. DEFINITIONS

For the purposes of these Terms:

“Candidate” means any individual who submits information to Hustle Co. for employment, consulting, contracting, freelance or advisory opportunities.

“Client” means any company, organisation, business, individual or entity engaging or seeking to engage Hustle Co.’s recruitment, talent acquisition or consulting services.

“Introduction” means any communication by Hustle Co. that identifies or assists in identifying a Candidate to a Client.

“Services” means all recruitment, talent acquisition, executive search, consulting, advisory, contractor sourcing, business development and related services provided by Hustle Co.

“Personal Information” shall have the meaning assigned to it under the Protection of Personal Information Act, 2013 (“POPIA”).

“Website” means any website, platform, application, portal, software or online service operated by or on behalf of Hustle Co.

“User” means any individual or entity accessing the Website or Services.

3. NATURE OF SERVICES

Hustle Co. operates as an independent recruitment and talent acquisition consultancy.

Unless expressly agreed otherwise in writing, Hustle Co. acts solely as an intermediary between Candidates and Clients.

Hustle Co. is not:

• the employer of any Candidate;
• a party to any employment agreement;
• a party to any contractor agreement;
• responsible for compensation negotiations;
• responsible for employment decisions;
• responsible for workplace management;
• responsible for ongoing employment relationships.

All employment, contractor or consulting relationships entered into following an introduction remain solely between the Candidate and the Client.

4. NO GUARANTEE OF OUTCOMES

Hustle Co. provides professional recruitment and consulting services on a reasonable endeavours basis.

Hustle Co. does not warrant or guarantee:

• job placement;
• interviews;
• employment offers;
• candidate selection;
• compensation levels;
• hiring outcomes;
• employment duration;
• contractor engagements;
• retention of candidates;
• commercial outcomes arising from introductions.

All hiring decisions remain solely the responsibility of the Client.

All career decisions remain solely the responsibility of the Candidate.

5. WEBSITE USE

Users agree to use the Website lawfully and responsibly.

Users may not:

• provide false or misleading information;
• impersonate another person;
• upload unlawful material;
• interfere with Website functionality;
• attempt unauthorised access to systems or databases;
• distribute malicious software;
• scrape or harvest information without written consent;
• use the Website for fraudulent purposes.

Hustle Co. reserves the right to suspend, restrict or terminate access where misuse is reasonably suspected.

6. ELECTRONIC COMMUNICATIONS

By interacting with Hustle Co., Users consent to receiving communications electronically.

Communications may include:

• email;
• SMS;
• WhatsApp;
• LinkedIn messages;
• applicant tracking system notifications;
• recruitment platform notifications;
• marketing communications;
• operational updates.

Electronic communications shall be deemed received when successfully transmitted to the contact details supplied by the User.

Users remain responsible for maintaining accurate and current contact information.

7. THIRD-PARTY PLATFORMS

Hustle Co. may utilise third-party platforms and software providers in connection with its Services.

These may include:

• applicant tracking systems;
• customer relationship management platforms;
• scheduling tools;
• communication platforms;
• assessment providers;
• automation software;
• artificial intelligence tools;
• cloud storage providers.

Use of such platforms may be subject to additional third-party terms and policies.

Hustle Co. is not responsible for the independent acts, omissions or service interruptions of third-party providers.

8. ARTIFICIAL INTELLIGENCE AND AUTOMATION

Hustle Co. may utilise artificial intelligence, machine learning and automation technologies to assist with:

• candidate sourcing;
• candidate matching;
• scheduling;
• note-taking;
• administrative processing;
• communications;
• workflow management;
• recruitment support functions.

Such technologies are intended to support recruitment processes only.

Final employment and hiring decisions are made by Clients and not by automated systems operated by Hustle Co.

9. INFORMATION ACCURACY

While Hustle Co. endeavours to maintain accurate information across its Website and Services, no representation or warranty is made regarding:

• accuracy;
• completeness;
• reliability;
• timeliness;
• suitability for any purpose.

Information provided through the Website is for general informational purposes only.

Users remain responsible for independently verifying information before relying upon it.

10. INTELLECTUAL PROPERTY

All intellectual property rights associated with Hustle Co. remain the exclusive property of Hustle Co. or its licensors.

This includes:

• trademarks;
• branding;
• logos;
• recruitment methodologies;
• databases;
• candidate networks;
• salary benchmarking information;
• reports;
• website content;
• graphics;
• training materials;
• templates;
• software;
• proprietary processes.

No User may reproduce, copy, distribute, modify, publish, transmit or commercially exploit any material without prior written consent.

11. CONFIDENTIALITY

Information exchanged through recruitment or consulting processes shall be treated as confidential.

Confidential information includes:

• candidate information;
• salary information;
• interview feedback;
• recruitment strategies;
• hiring plans;
• business information;
• commercial information;
• proprietary methodologies.

Confidential information may not be disclosed except:

• where legally required;
• where necessary for recruitment purposes;
• with prior written consent.

Confidentiality obligations survive termination of any relationship with Hustle Co.

12. WEBSITE AVAILABILITY

Hustle Co. does not guarantee uninterrupted availability of:

• the Website;
• recruitment systems;
• communication channels;
• software platforms;
• databases.

Service interruptions may occur due to maintenance, technical issues, cyber incidents, third-party failures or circumstances beyond reasonable control.

13. CYBERSECURITY DISCLAIMER

Despite implementing reasonable security measures, no electronic platform can be guaranteed to be completely secure.

Users acknowledge the inherent risks associated with:

• internet communications;
• electronic data storage;
• cloud-based systems;
• third-party technology providers.

To the fullest extent permitted by law, Hustle Co. shall not be liable for losses arising from cyberattacks, malware incidents, unauthorised access, system failures or security breaches beyond its reasonable control.

14. FORCE MAJEURE

Hustle Co. shall not be liable for delays, interruptions or failures caused by events beyond its reasonable control.

Such events include:

• natural disasters;
• internet outages;
• cyber incidents;
• government actions;
• labour disputes;
• civil unrest;
• pandemics;
• economic disruptions;
• telecommunications failures.

15. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Hustle Co., its directors, employees, consultants, contractors, agents and representatives shall not be liable for any indirect, incidental, consequential, punitive or special damages.

This includes but is not limited to:

• loss of profit;
• loss of business opportunity;
• reputational damage;
• loss of revenue;
• loss of data;
• business interruption.

Where liability cannot lawfully be excluded, Hustle Co.’s aggregate liability shall not exceed the total fees actually paid to Hustle Co. by the relevant party during the twelve (12) months immediately preceding the event giving rise to the claim.

16. RIGHT TO REFUSE SERVICE

Hustle Co. reserves the right to refuse, suspend or terminate Services where:

• false information has been provided;
• unlawful conduct is suspected;
• abusive behaviour occurs;
• conflicts of interest arise;
• compliance concerns exist;
• continuation of Services would expose Hustle Co. to unreasonable risk.

17. DISPUTE RESOLUTION

The parties agree to first attempt to resolve disputes through good-faith negotiations.

Where a dispute remains unresolved, the parties agree to attempt mediation before commencing legal proceedings.

Nothing in this clause prevents a party from seeking urgent interim relief where legally necessary.

18. GOVERNING LAW

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

19. JURISDICTION

Subject to applicable law, the courts of Cape Town, Western Cape, South Africa shall have exclusive jurisdiction over disputes arising from these Terms.

20. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

21. ENTIRE AGREEMENT

These Terms operate alongside any signed agreement entered into with Hustle Co.

Where a signed agreement conflicts with these Terms, the signed agreement shall prevail to the extent of the conflict.

22. AMENDMENTS

Hustle Co. reserves the right to amend these Terms from time to time.

Updated versions will be published on the Website and become effective upon publication.

Continued use of the Website or Services constitutes acceptance of any amendments.