MCDIRECT HIRE TERMS AND CONDITIONS: A GUIDE THROUGH THE CONTRACT

These seem to be becoming a thing. A thing i am starting to enjoy. It's a bad time to be a terms and conditions, because I will read you and if i find something that gives me the spidey senses, i will put pen to paper. These terms and conditions guide through where intended to give me an opportunity to read the terms and conditions of the social media platforms i mostly use. Linkedin terms and condition was actually next in line to be read, reviewed and written about. But McDirect Hire crossed my path. I was applying for a Competition Commission post, it redirected me to mcdirect hire website, i filled in my details and before i could push the submit button, I was commanded to confirm that I understand the terms and conditions before my shot for an opportunity in the competition commission could be left to fly. I could not confirm I understand because I hadn't even read their terms and conditions. So then I did and now I understand, well sort of. Here is the breakdown.

INTRODUCTION: SERVICE,TERMS OF USE, USER CONDUCT

The site is a job board and recruitment management system. Job seekers can view and apply for jobs posted by Direct Hire's clients. Direct Hire reserves the right to remove job postings at any time without notice. Pretty straight forward, the last sentence turns the whole game into the hunger games, because one moments, the closing date for a post is on a set date, you get your CV in order, then boom when you come back to shoot your shot at a job posting, its gone. No notice, just straight vibes.

Now I place forward that nothing really stoop out for me in the sense that it raised an eyebrow. McDirect Hire terms and condition seem to have the standard terms, really general, boilerplate expected of a User agreement.

First quater of their terms and conditions detail that by mere use of the website, you have bound yourself to an agreement (Terms and conditions of service) with McDirect Hire. I always found consents of websites, apps, social media platforms user agreement to be strange because if you want to use the website, you dont have a choice by to consent to what contract they bind you too. I guess that how it goes with contracts where the power dynamics are skewed. I have seen this very same trait in my experience with engaging with Mortgage Loans Agreements.

1. In terms of the agreement, by using the website, you have confirmed that you understand the terms and condition of the contract. This one assists McDirect Hire, hereinafter referred to as MD, to have a defence in the event some stuff hits the fan and person is claiming misrepresentation. MD defense would be that the individual understood the terms of service and therefore cannot claim that they did not understand what they were binding themselves. FAIR.

2. I have picked up a pattern, user agreements, that they have elements of being arbitrary. MD's terms and conditions also provide that they may change their terms and conditions anytime without informing you. Its your responsibility to check whether there has been changed. The shifren principle, that is the standard in any contract, stipulate that basically any changes to a agreement have to be reduced in writting and the other other notified of such change and confirm such changes in writting for the changes to take force. Not with user agreements. These agreement could all of a sudden have a clause that says "You agree that we can sell your kidneys" and you would not even known because you were not notified of the changes. And its not like there is an alert when you seek to use the website again that there are changes that have been made to the contract. I dont support that, but hey the game is the game.

The second quarter of the terms and conditions detail aspect of the relationship you have bound yourself with the site related to Conduct, Copyright, Disclaimer.

• In terms of Conductl, this part outlines your obligations and responsibilities. Ohh the only right you have in terms of your agreement with MD is that you use the website free of charge, well nothing is mahala, instead of money you pay with your information and data (We will get to that later) . Okay you have the responsibility to ensure you provide accurate information, dont lie about when your birthday is or what qualification you have (Its been exposed in the last couple of years that your Minister of Health does not have a health degree/qualification- just an example, S/o minister of health, am not making any allegations, the Minister of health part is the example, not the dudes being exposed that they dont posses the qualification they claim to posses). Should MD find that you furnished fables, then your access to the site can be shut off. Question, how would they know you furnished false parables? Anyway, the following action constitute misconduct in terms of your use of the site. Using it for illegal and unlawful works( ahhhh 50/50 on why a job posting website would need thing); Spamming and Scamming( Spaming not sure how it applies, i do understand the inclusion of Scamming- a prohibition against scamming in any commercial contract can do no wrong); Posting Defamatory and Discriminatory stuff( Well iv seen job post which require the applicant to preferable be a white women, or have their own vehicle- that sound discriminatory to me- so maby MD needs to check that out. I am assuming that these terms also apply to employers who post these job adverts) . The last conduct i will touch on is, you are prohibited in using the website that infringes on the sites intellectual property and you may not, i repeat, you may not introduce a virus. This a tough one because in the event that you not aware that you actually introducing a virus by using the website, then you kiss that fintech job goodbye because you will be barred from using the website. Basically, just use the site to apply for jobs, anything else is extra.

• On Copyright, as per the terms, everything, as in everything that you see and dont see on the website, is protected by Copright. You may not reproduce, adapt into a screenplay or alter without the permission of MD.

• On Disclaimer. This one had a harsh tone to it when i read it. This clause of the agreement stipulate that there are not warranties, you the website "As is". If you get a glitchy site, that for some reason sucks in your data and sends it to insurance companies, then you got to take that L, because MD never give you a warranty agaisnt something like that happening. Basically, its a use at your own risk type shi. MD does not deal with guarantees that the jobs you are applying for are even real or just channels to send your data to the bidder who won- Just a conspiracy theory, no allegation made here-. This one i gotta paste it because wow- "Direct Hire and our clients 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". Basically, you click a link in the website, and that happens to hit your computer with the virus of the century, then you cannot hold MD liable for not ensuring the safety of their website.

The third and final quarter of your agreement with MD touches on Indemnity and Privacy. Save the best for last right. It was not my intention, the writting just found itself ending the guide through the terms and condition with the last two no so nice clause. Any time a contract communicates a language of not caring about you, then i just stop. By using the site you technically agree that you indemnify (i.e., financially protect) Direct Hire and its clients against any loss, claim, or damage suffered by you or any third party that arises from your use of the website or any violation of these Terms. So basically, again i write, if shit hits the fan, you have indemnified, basically saying MD can never be liable for the shit hitting the fan. Even when they are at fault, you absolve them of that fault and you go home and take that loss. Its rare that shit does hit the fan, but if it does and there is financial implication, then you will bear the impact of those negative implications.

On the Privacy front, user agreement thus far have discouraged me from believing that we are just data and nothing more. Direct hire in terms of your data you consent to the collection, storage, and use of your personal information as detailed in their separate Privacy Policy, which is incorporated into these Terms. The privacy policy basically says, in quick terms, Direct hire can use your data for whatever purpose they deem fit for their bottom line. If am incorrect, i would appreciation assistance in the rectification of my aversion.

(Note: For most processing activities related to job applications, Direct Hire acts as a "data processor" for its client (the potential employer), who is the "data controller." This means the employer's own privacy policy will also govern how your data is ultimately used) . Read that last part again, how many privacy policies do you bind yourself by using the site. Every individual employer who your cv is sent, may process and use your data however they see fit. I highly suspect that, that is one of the ways in which these spam callers, looking to sell you something get your number. Your data is being sold or exchanged of a mcdonald big mac meal. So understand that by applying for jobs, your data is being shared with third-party clients (employers) and is subject to their privacy policies, not just Direct Hire's.

CONCLUSION.

I know we have things to do, places to go, people to see, but i do recommend just goin through those pesky terms and conditions before agreeing to be bound by them. Its never a bad thing to be acquainted with your contract.

DISCLAIMER

This does not constitute as legal advise nor legal authority for what your terms and conditions with your use of the Direc Hite platforms mean. These are essentially my opinions based on how i interpretated the documents I engaged with. Please do further research, consult your lawyer if you are that much interested.

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