Human Resources At A Click (Pty) Ltd T/A SDM At A Click Tel: +27 10 593 7000
2009/003399/07
www.sdmataclick..co.za Head Office
PO Box 2693 No 9 & 11 Seventh Avenue
BEDFORDVIEW EDENVALE
2008 1609
TERMS AND CONDITIONS
Last modified: 14 August 2024
Please take a moment to read these terms and conditions to understand how they apply to your installation, access and/or
use of our websites, mobile sites, apps and/or SDM system (collectively “the Services”)
Who Owns the Services?
The Services are owned and operated by Human Resources Ataclick Pty) Ltd, (Reg no. 2009/003399/07), trading as SDM Ataclick,
company registered in the Republic of South Africa, which has its registered office at 11 7
th
Ave, Edenvale, 1609, South Africa.
Hereafter known as SDM.
Terms and Conditions Apply:
These Terms and Conditions apply to your use of the Services as well as our Privacy Notice which may also apply to you, so please
take a moment to read them. By using the Services, you acknowledge that you have read and understood these Terms and Conditions
and agree to be bound by them.
Amended or Updated Terms
We may periodically update or change the Terms and Conditions, without notice. Please check them from time to time as your
continued use of our Services will mean you accept any updated or revised Terms and Conditions.
Law and Arbitration
These Terms and Conditions are governed by the laws of the Republic of South Africa. Any dispute arising in relation to these Terms
and Conditions shall, to the extent permitted by law, be referred to arbitration in Johannesburg at a venue of our choice applying the
Uniform Rules of the High Court of South Africa.
The Services
SDM will provide the user with the following services:
The use of any module or service made available by SDM to the user.
SDM reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Service or parts thereof with or without
notice in total or to the User.
In order to make use of the Service, the user must have access to the Internet and all equipment necessary for such access.
Human Resources At A Click (Pty) Ltd T/A SDM At A Click Tel: +27 10 593 7000
2009/003399/07
www.sdmataclick..co.za Head Office
PO Box 2693 No 9 & 11 Seventh Avenue
BEDFORDVIEW EDENVALE
2008 1609
Fees and charges
Charges will be charged at the standard rates published by SDM from time to time or as per agreement between SDM and the User.
All rates are exclusive of VAT
SDM shall be entitled to increase its published charges from time to time.
Payment provisions
The User undertakes to effect payment of all amounts due to SDM within 7 days from date of invoice and without deduction or set-off
for whatsoever reason.
Term
These Terms and Conditions becomes effective when the User registers on the SDM system.
Obligation of the user
The User is entirely responsible to maintain the confidentiality of the password and account name to the service. The User agrees to
notify SDM immediately of any unauthorized use of the service, as well as any other breach of security.
The User agrees to abide by all applicable local, state, national and international laws and regulations and is solely responsible for all
acts or omissions that occur under the Service. By way of example, and not as a limitation, the User agrees NOT to:
• decompile, disassemble or reverse engineer the whole or any part of the Service and confidential information
• use the identity, user login details of any other user of the Service other than their own.
• defame, abuse or otherwise violate the legal rights (such as rights of privacy and publicity) of other users or other persons;
• publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene or unlawful material or
information;
• create a false identity for the purpose of misleading, customers, insurance brokers or contractors as to the user's true identity;
• transmit or upload any material that contains software or other material protected by intellectual property laws, rights of
privacy or publicity or any other applicable law unless the user owns or controls the rights thereto or has received all
necessary consents;
• interfere with or attempt to disrupt networks connected to the Service or otherwise disrupt or tamper with the Service;
• attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service;
• violate any applicable laws or regulations; or
• perform any act or permit any omission, which may interfere with the use and enjoyment of the Service by other Users.
Human Resources At A Click (Pty) Ltd T/A SDM At A Click Tel: +27 10 593 7000
2009/003399/07
www.sdmataclick..co.za Head Office
PO Box 2693 No 9 & 11 Seventh Avenue
BEDFORDVIEW EDENVALE
2008 1609
The User undertakes at all times to conduct its business on the Service in an ethical manner and undertakes not to engage in any
practice which could be classified a harmful business practice, and which could harm or damage the reputation of SDM.
The User warrants that the contact information is true and accurate and undertakes to inform SDM of any changes thereto as and
when they occur.
Warranties
The User warrants and records to and in favour of SDM that the Users aware of the fact that SDM does not have any control over the
quality, quantity, description, morality, functionality, characteristics or legality of any Services.
The User warrants and records to the and in favour of SDM that the User is aware of the fact that SDM is not able to verify or confirm
the identity of any person or entity with which the User may have contact pursuant to the Users of the Service.
In addition, the User hereby warrants to and in favour of SDM that it –
• will, at all times whilst using the Service, act honestly and in the utmost good faith;
• has the necessary legal title, legal capacity and right to utilise the Service; and
• will have no action against SDM or its shareholders, directors or employees arising either directly or indirectly out of the use of
any of the Services and to the extent necessary; the User hereby waives and abandons such claims.
Disclaimers / limitation of liability
SDM does not represent or warrant that the service or the Users use thereof will be uninterrupted or error-free, that defects will be
corrected, or that the Service or the server makes it available are free of viruses or other harmful components.
SDM does not warrant or represent that the use or the result of the use of the service or the materials made available, as part of the
service will be correct, accurate, timely, or otherwise reliable.
SDM shall not be responsible for unauthorized access to or alteration of transmissions or data, any material or data sent or received or
not sent or received, or any transactions or agreements entered into through the Service.
Human Resources At A Click (Pty) Ltd T/A SDM At A Click Tel: +27 10 593 7000
2009/003399/07
www.sdmataclick..co.za Head Office
PO Box 2693 No 9 & 11 Seventh Avenue
BEDFORDVIEW EDENVALE
2008 1609
The User specifically agrees that SDM is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content
or conduct of any other party or any infringement of another’s rights, including intellectual property rights.
The User specifically agrees that SDM is not responsible for any content or data sent using and / or included in the Service.
SDM and / or its suppliers, shareholders, directors and employees make no representations about the suitability, reliability, availability,
timeliness, and accuracy of the Service for any purpose. The Service is provided “as is” and without warranty of any kind. SDM hereby
disclaims all warranties and conditions with regard to the Service, including all implied warranties and conditions of merchantability,
fitness for a particular, title and non – infringement.
In no event shall SDM and / or its suppliers, shareholders, directors and employees be liable for any direct, indirect, punitive, incidental,
special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits,
arising out of or in any way connected with the use or performance of the service, with the delay or inability to use the service, the
provision of or failure to provide the Service, whether based on contract, delict, negligence, strict liability or otherwise, even if SDM
have been advised of the possibility of such damages. The User sole and exclusive remedy is to discontinue using the Service.
Indemnification
The User agrees to indemnify and hold SDM and its shareholders, directors and employees harmless from any claim demand or
damage, including reasonable attorney's fees, asserted by any third party (including customers, insurance brokers and contractors) due
to or arising out of the Users use of any of the Services.
Participation
Any dealings with other Users, customers, contractors, insurance brokers or other persons on the Service are solely between the User
and the other person in question. SDM shall not be responsible for, involved in or in any way liable for any part of any such dealings.
Proprietary rights to content
The User acknowledges that the content, including but not limited to text, software, music, sound, photographs, video, graphic or other
material contained or made available to the User via the Service is protected by copyrights, trademarks, patents or other proprietary
rights and laws and the user undertakes not to infringe such rights. The user hereby warrants that the User, its Group of Companies,
their subsidiaries, its holding company and associated companies will in no way develop or try to develop or to reverse engineer,
disassemble, or decompile the system or any of SDM’s supporting software, or assist a third party therewith.
Human Resources At A Click (Pty) Ltd T/A SDM At A Click Tel: +27 10 593 7000
2009/003399/07
www.sdmataclick..co.za Head Office
PO Box 2693 No 9 & 11 Seventh Avenue
BEDFORDVIEW EDENVALE
2008 1609
The User undertakes in favour of SDM that for a period of five (5) years after the termination of its relationship with SDM in terms of this
agreement, for whatever reason, it shall not for its own benefit or on behalf of any person either directly or indirectly persuade, induce,
solicit, encourage, procure or trade or in any manner do business with any employee, agent, contractor or client of SDM without written
approval.
In the event of any disputes between the parties, the user hereby accepts and assumes the onus of proving compliance with the
obligations in these terms and conditions.
Return of information
At any time, SDM may request the User upon reasonable notice in writing to -
• return all copies and partial copies of all Confidential Information (whether in paper, electronic or other format) which the
User may have obtained from SDM as well as all notes (whether in paper, electronic or other format) which the User may
have prepared or may have obtained as a result of the use of the service being made available to the User; or
• destroy all copies and partial copies of all Confidential Information (whether in paper, electronic or other format) which the
User may have obtained from SDM as well as all notes (whether in paper, electronic or other format) which the User may
have prepared or may have obtained as a result of the use of the service being made available to the User, and furnish a
written statement to the effect that all such Confidential Information has been destroyed, or furnish such proof as is
reasonably necessary to satisfy SDM that the Confidential Information has indeed been destroyed.
• The User shall comply with such a request from SDM, within 7 (seven) days of receipt of such a request.
Undertakings by personnel
The User shall (if requested to do so by SDM) use reasonable endeavours to ensure that the Users' Staff/Co-workers who have access
to SDM’s Confidential Information, give a written undertaking in favour of SDM in regard to the Confidential Information.
No warranty or offer
Unless expressly stated in writing, SDM does not make any representation or warranty as to the accuracy or completeness of any of
the Confidential Information supplied during the course of the relationship.
Any Confidential Information made available during the relationship does not and will not constitute an offer (or acceptance) of any kind
by either of the parties in relation to the relationship or any commitment by either party
Human Resources At A Click (Pty) Ltd T/A SDM At A Click Tel: +27 10 593 7000
2009/003399/07
www.sdmataclick..co.za Head Office
PO Box 2693 No 9 & 11 Seventh Avenue
BEDFORDVIEW EDENVALE
2008 1609
Termination of service
SDM may, at its sole discretion, terminate the Service provided to the User for any reason, including, without limitation, if the User has
acted inconsistently with the letter or spirit of the terms and conditions or any other agreement between SDM and the User.
General
The User agrees that no joint venture, partnership, employment, or agency relationship exists between the User and SDM as a result of
use of the service.
