1. ABOUT THESE TERMS

These Terms and Conditions govern access to and use of the website at www.nosweat.co.za, the NoSweat talent platform, candidate portal, client portal and any related services, communications or platforms operated by No Sweat Work Media CC.

No Sweat Work Media CC, registration number 2009/090625/23, trades as NoSweat and is referred to in these Terms as “NoSweat”, “we”, “us” or “our”.

These Terms apply to Clients, Talent, Candidates, Applicants and any other person who accesses or uses the Services.

If you use the Services on behalf of a business or other organisation, you confirm that you have the authority to bind that organisation to these Terms.

2. DEFINITIONS

In these Terms:

Annual Remuneration means the Applicant’s total annual cost-to-company package at the time of Placement, including basic salary, guaranteed bonuses, thirteenth cheques, guaranteed commission, sign-on bonuses, travel and housing allowances, employer pension, provident or retirement contributions, medical aid contributions and any other guaranteed employment benefit.

Applicant means any candidate, job seeker, freelancer, contractor, consultant or other individual introduced by NoSweat to a Client, whether or not that person has registered directly on the talent platform.

Candidate means any freelancer, contractor, consultant, specialist, job seeker or independent professional who registers with, accesses or uses the talent platform. Talent and Candidate are used interchangeably where the context permits.

Client means any company, business, agency, brand, organisation or individual using NoSweat’s recruitment, talent sourcing, staffing, placement, contracting, payroll or related Services.

Engagement means any freelance, fractional, temporary, fixed-term, project-based, permanent or other work opportunity arranged or administered through NoSweat.

Engagement Document means a proposal, engagement letter, purchase order, work order, quotation, cost estimate, contract, placement confirmation, statement of work or other written document issued, accepted or approved by NoSweat for a specific Engagement or Placement.

Introduction means any direct or indirect introduction of an Applicant by NoSweat to a Client, including the submission of a CV, résumé, profile, portfolio or candidate information; scheduling or facilitating an interview; providing access to an Applicant through the talent platform; introducing a freelancer, contractor or consultant; or any communication that enables the Client to identify, contact or engage the Applicant.

NoSweat or No Sweat means No Sweat Work Media CC trading as NoSweat and, where the context permits, any subsidiary, affiliate, brand, division or associated entity through which the Services are provided.

Placement means the employment or engagement of an Applicant by a Client in any remunerated capacity, including permanent employment, fixed-term employment, contract work, freelance work, consulting, advisory services, part-time work or another paid engagement.

Platform means the Website and any software, application, portal, system or digital service operated by NoSweat for recruitment, talent sourcing, applications, matching, Engagements, payments or administration.

Services means the Website, talent platform, recruitment, matching, vetting, scoring, shortlisting, introductions, placements, contracting, staffing, payroll, payment, administration and related services supplied by NoSweat.

Talent means a candidate, freelancer, contractor, consultant, employee, job seeker or other professional who registers with, applies through, works through or is otherwise represented on the NoSweat talent platform.

Website means www.nosweat.co.za and any NoSweat candidate or client portal, page, form or system.

Work Product means all concepts, designs, copy, code, documents, strategies, research, files, presentations and other materials created specifically for an Engagement.

3. ACCEPTANCE OF TERMS AND CONTRACTING

You accept these Terms by registering an account, using the Website or Services, submitting information, posting a job, applying for an opportunity, accepting a proposal, Engagement Document, engagement letter, quotation or cost estimate, receiving or acting on an Introduction, accepting an Engagement or Placement, or otherwise instructing NoSweat to provide Services.

Electronic acceptance, email confirmation, use of platform functionality or commencement of work may constitute acceptance where legally valid.

A person who accepts these Terms on behalf of a Client confirms that they are authorised to do so.

4. NOSWEAT'S ROLE

NoSweat operates a talent platform and provides recruitment, placement, contracting, staffing, payroll and administrative Services through which:

1. Clients may submit jobs, projects and talent requirements;

2. Talent may create profiles, view opportunities, apply and accept or decline opportunities;

3. NoSweat may source, assess, vet, score, shortlist and introduce Applicants;

4. Clients select the Applicants they wish to interview, employ or engage;

5. NoSweat may contract with and pay Talent for freelance, fractional, temporary, fixed-term or project-based Engagements;

6. NoSweat may administer PAYE, payroll, invoicing, timesheets and other Engagement-related processes where applicable; and

7. NoSweat may facilitate permanent or direct Placements subject to the applicable Engagement Document.

4.1 Direct Placements

For a permanent or other direct Placement, NoSweat generally acts as the introducing and recruitment facilitator. The Client becomes the Applicant’s employer or contracting party, and NoSweat is not a party to that direct working relationship unless an Engagement Document expressly states otherwise.

4.2 NoSweat-administered Engagements

For a freelance, fractional, temporary, fixed-term or project-based Engagement administered by NoSweat, NoSweat may be the contracting or employing party and may pay Talent directly. The Engagement Document determines the relationship, remuneration, payment cycle, statutory deductions and other applicable conditions.

NoSweat does not guarantee work opportunities, applications, interviews, freelance Engagements, permanent employment, minimum earnings, the continuation of an Engagement or a successful Placement.

The Client remains responsible for its selection, due diligence, hiring, engagement and day-to-day management decisions. Talent remains free to accept or decline an opportunity before accepting an Engagement Document.

5. ACCOUNT REGISTRATION

Users must provide accurate, complete and current information when registering or using the Services.

You must:

1. Be at least 18 years old and legally capable of entering into an agreement;

2. Keep your account details secure;

3. Notify NoSweat promptly of any unauthorised account access;

4. Keep your contact, employment, availability, banking and payment information current; andNoSweat

5. Not create misleading, duplicate or false accounts.

You are responsible for activities performed through your account unless those activities result from a security failure caused directly by NoSweat.

NoSweat may verify the identity and authority of any person registering or acting on behalf of a Client or Talent.

6. CLIENT TERMS

6.1 Job and project information

Clients must provide accurate and sufficiently detailed information about each opportunity, including, where applicable:

The role or project title;

Scope and expected deliverables;

Required skills and experience;

Start and end dates;

Expected working hours or estimated hours;

Location and whether the work is remote, hybrid or on-site;

The approved rate, salary or project budget;

Equipment or software requirements;

Reporting lines;

Approval processes; and

Any material conditions affecting the Engagement.

The Client must promptly inform NoSweat of any change to the scope, duration, location, remuneration, budget, working arrangements or other material terms.

No change is binding on NoSweat or Talent unless confirmed through an amended Engagement Document or other written confirmation from NoSweat.

6.2 Lawful and fair opportunities

Clients may not submit or advertise opportunities that:

1. Are unlawful, misleading or fraudulent;

2. Contain unjustifiable discriminatory requirements;

3. Misrepresent the Client, role, remuneration or working conditions;

4. Require Talent to pay an application or placement fee;

5. Infringe the rights of another person; or

6. Place Talent in an unsafe or unlawful working environment.

6.3 Selection, assessment and due diligence

NoSweat may assess, vet, score, shortlist or recommend Applicants based on the information available to us. These processes assist the Client but do not replace the Client’s own assessment and decision-making.

The Client is responsible for:

Reviewing candidate information;

Conducting interviews;

Assessing suitability;

Confirming professional and technical competence;

Conducting appropriate reference and background checks;

Making the final selection; and

Ensuring that the selected person is suitable for the Client’s workplace and requirements.

6.4 Client responsibilities during an Engagement

The Client must:

1. Provide clear instructions, access, information and approvals;

2. Appoint an authorised contact person;

3. Provide a safe and lawful working environment;

4. Treat Talent professionally and respectfully;

5. Comply with applicable labour, health and safety, equality and data-protection laws;

6. Approve or dispute timesheets and deliverables promptly;

7. Not materially increase the agreed scope without written approval;

8. Not require Talent to perform unlawful work; and

9. Notify NoSweat promptly of performance, attendance, conduct or other concerns.

Where Talent works under the Client’s day-to-day direction, the Client must exercise that direction lawfully and consistently with the applicable Engagement Document.

6.5 Fees and invoices for freelance, temporary and project Engagements

Fees, rates, budgets, margins, payment terms and any minimum commitment for freelance, temporary, fractional or project-based Engagements will be recorded in the applicable quotation, cost estimate, Engagement Document or invoice.

Unless otherwise stated:

1. The Client must pay NoSweat and not Talent directly;

2. Invoices are payable within the period stated on the invoice or Engagement Document;

3. VAT and other applicable taxes will be charged where legally required;

4. The Client may not deduct, withhold or set off an amount unless required by law or agreed in writing; and

5. The Client is responsible for reasonable recovery costs arising from overdue payment.

6.6 Approval of hours and deliverables

The Client must review submitted hours, timesheets or deliverables within the approval period stated in the Engagement Document.

The Client must identify any disputed item in writing and explain the reason for the dispute. The undisputed portion of an invoice remains payable.

A Client may not unreasonably delay approval where the work was performed in accordance with the agreed scope.

6.7 Cancellations and scope changes

If a Client cancels or postpones an Engagement after it has been accepted, the Client remains responsible for:

Work already performed;

Approved or reasonably incurred expenses;

Committed or reserved Talent time;

Any applicable notice or cancellation charge; and

Other amounts stated in the Engagement Document.

NoSweat may issue a revised cost estimate where the Client changes the scope, timing, outputs or working requirements.

7. INTRODUCTIONS, PLACEMENTS AND FEES

7.1 What constitutes an Introduction

An Introduction occurs whenever NoSweat provides information or access that enables a Client to identify, contact, interview, employ or engage an Applicant, whether directly or indirectly and whether or not the Applicant is engaged for the role originally discussed.

7.2 Full-time and direct Placement fee

Where a Client employs or directly engages an Applicant introduced by NoSweat, the Client must pay NoSweat a Placement fee equal to 13% of the Applicant’s Annual Remuneration, unless a different fee is agreed in writing.

The Placement fee is a once-off fee and is separate from any fees payable for freelance, temporary, payroll or other Services unless the applicable Engagement Document states otherwise.

7.3 Calculation of Annual Remuneration

The Client must provide NoSweat with complete and accurate written details of the Applicant’s remuneration package. Annual Remuneration includes all guaranteed cash and non-cash employment benefits listed in section 2, whether paid monthly, annually, on commencement or through an employer contribution.

Where remuneration cannot reasonably be annualised, NoSweat may calculate the fee using the guaranteed value of the Engagement or another reasonable basis agreed in writing.

7.4 Events that trigger a Placement fee

A Placement fee becomes payable where:

1. The Client employs or engages the Applicant directly;

2. The Applicant is employed or engaged through a subsidiary, holding company, affiliate, associated entity or related business of the Client;

3. The Applicant is employed or engaged through a third party to whom the Client supplied the Applicant’s information;

4. The Applicant is engaged in a different role, division, department, location or capacity from that originally contemplated; or

5. The Client delays the engagement and later employs or engages the Applicant during the protection period in section 7.8.

7.5 Conversion of freelancers, contractors or temporary workers

If a Client converts an Applicant initially engaged through NoSweat as a freelancer, contractor, consultant, temporary worker or fixed-term resource into permanent or direct employment, a Placement fee becomes payable based on the Applicant’s Annual Remuneration at the time of conversion, unless a different conversion fee or credit has been agreed in writing.

7.6 Payment terms and taxes

Unless otherwise agreed in writing, NoSweat will invoice the Placement fee when the Applicant accepts the Client’s offer or the Placement is confirmed.

The invoice is payable within 30 calendar days of the Applicant’s commencement date. All Placement fees are exclusive of VAT and other applicable taxes.

The Client must promptly notify NoSweat of the Applicant’s commencement date and provide a copy or written summary of the accepted remuneration package on request.

7.7 Late payment and recovery costs

An amount not paid when due accrues interest at the South African prime lending rate plus 2% per annum, calculated from the due date until payment is received in full, subject to applicable law.

If NoSweat incurs costs in recovering an overdue amount, the Client is responsible for all reasonable legal fees, collection costs, tracing costs and disbursements incurred, to the extent permitted by law.

7.8 Applicant protection period

If a Client employs or engages an Applicant within 12 months after the date of Introduction, the Placement will be deemed to have arisen from NoSweat’s Introduction and the applicable Placement or conversion fee remains payable.

This applies whether the Placement occurs directly or indirectly, through another entity, in a different role or after an initial opportunity has been withdrawn, postponed or rejected.

7.9 Referral to third parties and non-circumvention

The Client may not provide Applicant information to a third party, related entity or intermediary for the purpose or with the effect of avoiding NoSweat’s fees or contracting process.

If a third party employs or engages an Applicant as a result of information supplied by the Client, the Client remains liable for the applicable Placement fee.

The Client may not bypass NoSweat by directly or indirectly engaging, paying or contracting with Talent introduced or supplied through NoSweat outside the NoSweat process without NoSweat’s prior written approval.

7.10 Placement guarantee and recruitment credit

Subject to the Placement fee having been paid in full within the agreed payment period, NoSweat will provide a credit against future recruitment Services if a directly placed Applicant’s employment ends within the first 90 calendar days after commencement.

No credit is available where the employment ends because of retrenchment, redundancy, business closure, restructuring, death or a material change by the Client to the agreed role, remuneration or working conditions.

The credit:

Is non-refundable and cannot be exchanged for cash;

May be used only against future recruitment or Placement Services supplied by NoSweat;

Must be claimed in writing within 30 calendar days after termination, with the termination date and reason provided;

Expires 12 months after the date on which NoSweat issues the credit; and

Does not apply if the Placement fee was paid late or remains unpaid.

NoSweat is not obliged to provide a replacement candidate unless this is expressly agreed in writing.

8. TALENT AND CANDIDATE TERMS

8.1 Registration, acceptance and free access

NoSweat does not charge Talent a registration, application or job-placement fee. Talent must not pay any person claiming to guarantee a NoSweat opportunity or Placement.

By registering with, accessing or using the Platform, submitting an application, accepting an Engagement Document or commencing work, Talent accepts these Terms and the policies incorporated into them.

8.2 Profile and Candidate information

Talent must use their real identity and ensure that all submitted information is accurate, complete, current and not misleading, including:

Identity and contact information;

Location and work authorisation;

Qualifications;

Employment history;

Skills and software knowledge;

Professional registrations, licences and certifications;

Portfolio and work samples;

References;

Availability; and

Rates or salary information.

Talent may not claim experience, qualifications, awards, clients, projects or results that cannot reasonably be verified. Portfolio and other submitted material must belong to Talent or be used with the necessary permission.

NoSweat may correct, remove, restrict or suspend a profile or account containing materially false, misleading, fraudulent, unlawful or infringing information.

8.3 Opportunities, applications and availability

Talent remains free to accept or decline an opportunity before accepting an Engagement Document.

Talent should apply only where they:

1. Meet the material requirements;

2. Are available for the stated dates;

3. Accept the stated location and working arrangement;

4. Are willing to work within the stated budget, rate or salary; and

5. Can provide evidence supporting their suitability.

Applying does not guarantee an interview, shortlist, Engagement, Placement, minimum earnings or offer. The budget, rate or salary stated in a job post is final unless NoSweat confirms otherwise in writing.

Talent may not negotiate separate payment or contracting terms directly with the Client outside the NoSweat process.

8.4 Engagement and employment status

Talent may be engaged by NoSweat as an employee, fixed-term employee, temporary worker, freelancer, consultant or independent contractor, depending on the nature of the Engagement and applicable law. For a direct Placement, the Client may become Talent’s employer or contracting party.

The Engagement Document records the intended relationship, remuneration, duration and applicable conditions. Nothing in these Website Terms alone determines Talent’s legal employment or contractor status, and mandatory legislation prevails over any inconsistent provision.

Where an Engagement Document identifies Talent as an independent contractor, and only to the extent permitted by law, that Engagement does not create an employment relationship, partnership, joint venture or general agency relationship between NoSweat and Talent.NoSweat | Website and Talent Platform Terms and Conditions NoSweat Website and Talent Platform Terms and Conditions | 10 

An independent contractor remains responsible for income tax, VAT where applicable, statutory registrations, professional licences, certifications and other legal obligations not expressly administered by NoSweat. Where NoSweat administers PAYE or another statutory obligation, the Engagement Document or payment record will reflect this.

8.5 Scope, commencement and approved work

Talent may not start work until NoSweat has issued or approved the relevant Engagement Document. By accepting the Engagement Document or starting work, Talent accepts its terms.

The Engagement Document or related written instruction will set out the scope, duration, rate, working arrangement, deliverables, deadlines and other material requirements.

Talent must not perform additional hours, incur expenses, change the scope or accept extra work directly from the Client without prior written approval from NoSweat.

8.6 Professional conduct

Talent must:

1. Perform the Services diligently, professionally, competently and in good faith;

2. Follow lawful and reasonable instructions;

3. Meet agreed deadlines and quality standards;

4. Communicate promptly and honestly about progress, delays, availability or problems;

5. Attend agreed meetings and working sessions;

6. Keep accurate records of time and work completed;

7. Comply with Client security, confidentiality, health and safety and workplace requirements;

8. Protect Client and NoSweat property, systems and information;

9. Avoid conduct that could harm the Client, NoSweat or another user; and

10. Immediately disclose a conflict of interest.

Talent may not subcontract, substitute or delegate work without prior written approval from NoSweat and, where relevant, the Client.

8.7 Working hours, timesheets and expenses

Talent must submit timesheets, status reports, invoices or deliverables accurately, in the required format and by the deadlines specified by NoSweat.

Hours, deliverables or expenses that were not authorised, cannot be verified or fall outside the agreed scope may be disputed or rejected. Deliberately false or misleading timesheets, records or invoices may result in immediate termination of the Engagement, suspension of Platform access and other lawful remedies.

Expenses are reimbursable only if approved in writing before they are incurred and supported by acceptable documentation.

8.8 Payment and deductions

Where NoSweat is the employing or contracting party, NoSweat will pay Talent according to the applicable Engagement Document and payment cycle. Where Talent is directly placed with a Client, the Client is responsible for payment under its agreement with Talent.

Payment by NoSweat may be subject to:

Submission and approval of timesheets, deliverables or other required records;

Receipt of required identity, tax and banking documentation;

Statutory deductions;

PAYE where applicable;

Correction of overpayments;

Other deductions permitted by law and the Engagement Document; and

Resolution of genuinely disputed hours, deliverables or expenses.

NoSweat will provide appropriate payment records or payslips where required. Talent is responsible for supplying correct banking details, and NoSweat is not responsible for delays caused by incorrect or incomplete information supplied by Talent.NoSweat | Website and Talent Platform Terms and Conditions NoSweat Website and Talent Platform Terms and Conditions | 11 

To the extent permitted by law, NoSweat may deduct an amount lawfully owing by Talent to NoSweat from a future payment after giving reasonable written details of the amount and basis for the deduction.

8.9 Equipment, software and legal compliance

Unless the Engagement Document states otherwise, Talent is responsible for suitable equipment, software, internet access and licences required to perform the work.

Talent must not use unlicensed software, unlawfully obtained assets, confidential material belonging to another party or third-party content without the necessary permission or licence.

Talent must comply with applicable laws, professional rules, registrations and Client policies relevant to the Engagement.

8.10 Notice and termination of Engagements

An Engagement may be terminated immediately for fraud, illegal conduct, gross misconduct, falsification of records, a serious or material breach of confidentiality, a serious security violation or another material breach that cannot reasonably be remedied.

Termination does not affect accrued payment obligations, confidentiality, intellectual-property rights, non-circumvention obligations or any provision intended to survive termination.

8.11 Non-circumvention and Client protection

Talent acknowledges that NoSweat invests resources in sourcing Clients, creating opportunities, administering Engagements and facilitating Introductions. Talent must not directly or indirectly circumvent NoSweat.

During an Engagement and for 12 months after the latest of the Introduction to the Client, completion of the Engagement or Talent’s last day providing Services to that Client, Talent may not, without NoSweat’s prior written consent:

1. Enter into a freelance, consulting, contract or other paid engagement directly with the Client;

2. Accept employment directly from the Client;

3. Provide Services to the Client through another intermediary;

4. Submit a separate quotation, invoice or proposal to the Client;

5. Accept direct payment from the Client;

6. Assist another person or entity to engage with the Client in a manner that bypasses NoSweat; or

7. Move an existing or proposed Engagement outside the NoSweat contracting process.

Where NoSweat gives written consent to a direct engagement or conversion, the Client may be required to pay the applicable Placement or conversion fee under section 7.

If Talent knowingly participates in circumvention, NoSweat may suspend or terminate the account or Engagement, recover losses or amounts lawfully due and pursue any other available remedy.NoSweat

8.12 Candidate content and Platform licence

Talent retains ownership of CVs, profiles, portfolio material and other content submitted to the Platform, subject to any third-party rights.

Talent grants NoSweat a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, display, distribute and share that content to operate, administer and market the Platform and Services, including introducing Talent to Clients and promoting Talent profiles or NoSweat opportunities. This licence ends when the content is deleted or the account is closed, except where continued retention or use is reasonably required for an existing Introduction, Engagement, legal obligation, record or previously published marketing material.

9. ENGAGEMENT DOCUMENTS

Each Engagement or Placement may be governed by one or more Engagement Documents.

If documents conflict, the following order of precedence applies unless expressly stated otherwise:

1. A signed employment, contractor or services agreement;

2. A signed statement of work or engagement letter;

3. The latest accepted Engagement Document;

4. A NoSweat quotation or cost estimate;

5. These Terms;

6. Information in a job post; and

7. General Website content.

An Engagement Document may contain additional or different terms for a particular Engagement or Placement.

10. BACKGROUND AND REFERENCE CHECKS

NoSweat, the Client or an authorised third party may, with the required consent and subject to applicable law, conduct checks including:

Identity verification;

Employment references;

Qualification verification;

Criminal-record checks;

Professional-registration checks;

Right-to-work checks; and

Other checks reasonably relevant to an opportunity.

The Client must ensure that the Applicant has consented to a check where consent is required and that all checks comply with POPIA and other applicable privacy or employment legislation.

NoSweat does not guarantee that every check will identify every issue or that information supplied by an Applicant or third party will be complete or accurate.

11. CONFIDENTIALITY AND APPLICANT INFORMATION

Applicant and Talent information supplied by NoSweat is confidential and may be used only to evaluate, interview, employ, engage or administer the relevant Applicant or Engagement.

The Client agrees to:

1. Use Applicant information solely for legitimate recruitment, placement or Engagement purposes;

2. Maintain appropriate technical and organisational security measures;

3. Comply with POPIA and all other applicable privacy and data-protection legislation;

4. Limit access to persons who reasonably require the information; and

5. Not share Applicant information with a third party without the Applicant’s or NoSweat’s prior written consent, unless disclosure is required by law.

Clients and Talent must keep confidential all other non-public information received through NoSweat or an Engagement, including:NoSweat | Website and Talent Platform Terms and Conditions NoSweat Website and Talent Platform Terms and Conditions | 13 

Business and marketing strategies;

Client and customer information;

Rates and commercial terms;

Supplier information;

Passwords and system access;

Campaigns and creative concepts;

Financial information;

Source code and technical information; and

Unpublished Work Product.

Confidentiality obligations do not apply to information that is lawfully public, was already lawfully known, is received lawfully from an independent third party or must be disclosed by law. These obligations continue after an Engagement, Placement or account ends.

12. INTELLECTUAL PROPERTY

Unless the Engagement Document states otherwise:

1. Talent retains ownership of intellectual property created before the Engagement, including pre-existing tools, templates, methodologies, frameworks and know-how;

2. Talent assigns to NoSweat all transferable intellectual-property rights in Work Product created specifically for the Engagement;

3. NoSweat assigns those rights to the Client once NoSweat has received full payment for the Engagement;

4. The Client receives no ownership rights until full payment has been made;

5. Talent grants the licences reasonably required for any pre-existing material incorporated into the Work Product; and

6. Talent consents, to the extent legally permitted, to reasonable editing, adaptation and use of the Work Product.

Talent must identify pre-existing or third-party material before using it in an Engagement and must execute any reasonable document required to give effect to the agreed ownership or licence of Work Product.

Talent may display completed work in a portfolio only after it has been publicly released and only where this does not breach confidentiality, Client policy, third-party rights or the Engagement Document.

13. PERSONAL INFORMATION AND PRIVACY

NoSweat processes personal information for purposes including:

Account administration;

Candidate matching, screening and shortlisting;

Recruitment and placement;

Verification and background checks;

Contract administration;

Payroll and payment;

Legal and regulatory compliance;

Fraud and security prevention;

Service improvement; and

Relevant communications.

Personal information may be shared with Clients, Talent, payment providers, payroll providers, verification providers, technology suppliers, professional advisers, regulators and other parties where reasonably necessary and lawful.

NoSweat may use software, data analysis, artificial intelligence and automated tools to assist with matching, screening and administration. Material decisions will not be made solely through automated processing where this is prohibited by law.

Further information is contained in NoSweat’s Privacy Policy, Cookie Policy and PAIA Manual. Users must process personal information obtained through NoSweat lawfully, securely and only for its intended purpose.NoSweat | Website and Talent Platform Terms and Conditions NoSweat Website and Talent Platform Terms and Conditions | 14 

14. ACCEPTABLE USE

Users may not:

1. Access the Website unlawfully;

2. Introduce malware or harmful code;

3. Scrape, harvest or copy platform data without permission;

4. Attempt to gain unauthorised access;

5. Impersonate another person;

6. Publish defamatory, abusive or discriminatory content;

7. Send spam or unsolicited marketing;

8. Misuse Applicant, Talent or Client information;

9. Circumvent the NoSweat commercial model;

10. Reverse engineer the Website;

11. Interfere with the Website’s operation; or

12. Use the Services for fraudulent or unlawful purposes.

15. THIRD-PARTY SERVICES

The Website may contain links to or integrate with third-party platforms, including recruitment, payment, communication, analytics, verification and document-management services.

NoSweat does not control those services and is not responsible for their availability, security, content or separate terms. Users may be required to accept a third party’s own terms and privacy policy.

16. SUSPENSION AND TERMINATION

NoSweat may restrict, suspend or terminate access where a user:

Breaches these Terms;

Supplies false or misleading information;

Fails to pay an amount due;

Misuses personal information;

Acts unlawfully or unprofessionally;

Threatens the security of the Website;

Attempts to bypass NoSweat;

Creates material risk for NoSweat or another user; or

Repeatedly fails to meet Engagement obligations.

Termination does not affect rights or payment obligations that arose before termination. Clauses concerning fees, payment, confidentiality, intellectual property, privacy, liability, indemnities, disputes, Introductions and non-circumvention survive termination.

17. WARRANTIES AND DISCLAIMERS

NoSweat will use reasonable care in providing the Services and may take reasonable steps to assess Applicants and verify information supplied by them.

The Platform and general Website Services are provided on an “as is” and “as available” basis, subject to rights that cannot lawfully be excluded.

To the fullest extent permitted by law, NoSweat does not warrant that:

The Website or Platform will always be available, uninterrupted, secure or error-free;

Information supplied by an Applicant, Talent member, Client or third party is complete or accurate;

Every Applicant or Talent member will be suitable;

Every Client will act lawfully or professionally;

Every Client will offer or continue an Engagement or Placement;

Every Engagement or Placement will achieve a particular result;

A Client will approve all submitted work;

Talent will earn a particular amount or receive a minimum volume of work; or

An Engagement or Placement will continue for a particular period.

NoSweat | Website and Talent Platform Terms and Conditions NoSweat Website and Talent Platform Terms and Conditions | 15

The Client remains responsible for its due diligence and independent hiring and engagement decisions. Talent remains responsible for assessing each opportunity, Client and Engagement. Nothing in these Terms excludes rights or remedies that cannot lawfully be excluded.

18. LIMITATION OF LIABILITY

To the fullest extent permitted by law, NoSweat is not liable for indirect, consequential, incidental, special, punitive or economic loss, including loss of profit, opportunity, reputation, data or anticipated savings.

NoSweat is not liable for loss, damage, claim, cost or expense arising from:

The employment, engagement, management or termination of an Applicant or Talent member;

Information supplied by an Applicant, Talent member, Client or third party;

An Applicant’s or Talent member’s performance, conduct, negligence, omission or actions;

A Client’s conduct, hiring, engagement, workplace or management decision;

Unauthorised instructions;

Third-party systems;

Events beyond NoSweat’s reasonable control; or

A user’s failure to protect account credentials.

For a claim by a Client, where NoSweat is legally liable, NoSweat’s total aggregate liability arising from a particular Engagement or Placement will not exceed the fees paid or payable to NoSweat for that Engagement or Placement during the three months preceding the event giving rise to the claim.

For a claim by Talent, where NoSweat is legally liable, NoSweat’s total aggregate liability arising from a particular Engagement will not exceed 50% of the remuneration paid by NoSweat to that Talent member for the Engagement during the two months preceding the event giving rise to the claim.

These limitations do not apply where liability cannot legally be limited, including liability arising from fraud, wilful misconduct or gross negligence where exclusion is prohibited.

19. INDEMNITIES

A Client or Talent user indemnifies and holds NoSweat harmless, to the extent permitted by law, against third-party claims, losses, damages, liabilities and reasonable costs arising from that user’s:

Employment, engagement, management or provision of Services involving an Applicant or Talent member;

Breach of these Terms or an Engagement Document;

Unlawful, fraudulent, negligent or wilfully improper conduct;

Misrepresentation or falsified information;

Infringement of intellectual-property or other third-party rights;

Unlawful use or disclosure of Applicant, Talent or Client information;

Breach of confidentiality; or

Failure to comply with applicable law, professional obligations or Client policies.

This clause applies only to loss reasonably connected to the relevant act, omission or breach and does not require a user to indemnify NoSweat for loss caused by NoSweat’s own unlawful conduct to the extent such liability cannot be excluded.

20. FORCE MAJEURE

NoSweat will not be responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, fire, flooding, war, civil unrest, strikes, power failures, internet outages, cyberattacks, government action, epidemics or failure of critical third-party services.

The affected party must take reasonable steps to reduce the impact of the event.

21. COMPLAINTS AND DISPUTES

Users should first submit a complaint to sebastian@nosweat.co.za.

The parties must attempt in good faith to resolve a dispute through direct negotiation. If the dispute is not resolved within 15 business days, either party may propose mediation.

Nothing prevents a party from seeking urgent interim relief or instituting proceedings in a court with competent jurisdiction, or from using a statutory labour, consumer or information-protection dispute process where applicable.NoSweat

22. GOVERNING LAW AND JURISDICTION

These Terms, all Engagement Documents and all Services are governed by the laws of the Republic of South Africa.

The parties consent to the jurisdiction of the courts of South Africa that have competent jurisdiction over the dispute, subject to any mandatory statutory forum or dispute-resolution process.

23. CHANGES TO THESE TERMS

NoSweat may amend these Terms prospectively to reflect changes to the Services, business model or applicable law.

Material changes will be published on the Website and will take effect from the stated effective date. Changes will not retrospectively alter an accepted Engagement Document unless required by law or agreed in writing by the affected parties.

24. ELECTRONIC COMMUNICATIONS

Users consent to receiving Engagement-related notices and documents electronically.

An electronic acceptance, click, email confirmation, digital signature or commencement of work may constitute acceptance of an agreement where legally valid. Users must keep their email address and contact details current.

25. ENTIRE AGREEMENT AND GENERAL

These Terms, together with each applicable Engagement Document and incorporated policy, constitute the entire agreement between the relevant parties regarding the Website, Services, Introduction, Engagement or Placement and supersede prior discussions, representations and understandings on the same subject.

No amendment or variation to a specific Engagement Document is binding unless recorded in writing and agreed by the relevant parties, except for prospective changes to these Website Terms under section 23.

If a provision of these Terms is invalid or unenforceable, the remaining provisions remain effective.

A failure to enforce a right does not waive that right.

No user may transfer its rights or obligations without NoSweat’s written consent. NoSweat may transfer its rights and obligations as part of a legitimate business transfer, restructuring or sale, subject to applicable law.

END OF TERMS AND CONDITIONS