SMORGTerms of Use
These terms govern your use of this platform (“the Platform”), accessible at smorg.co.za, operated by CDSoft Ltd.
1. What this Platform is
The Platform is an online software tool for recruiters and hiring organisations. It gives an organisation a place to manage its recruitment — job listings, candidate records, and hiring pipeline — along with a branded public web presence for its open roles.
We are not a recruitment agency. We do not recruit candidates, shortlist for employers, submit applications on anyone’s behalf, or act as an intermediary in any hiring decision. We build and maintain the software — the recruiting is done by you, our customer, using your own judgement and acting in your own name.
This positioning is deliberate and legally significant. Under the Employment Services Act 4 of 2014, a private employment agency is an entity that recruits and places candidates. We do neither — in the same way that an accounting software vendor is not an accounting firm. We provide software; you act on your own behalf at all times.
Using this Platform does not create an employment relationship between you and CDSoft Ltd, or between any candidate and any organisation, unless a separate employment contract is concluded directly between those parties.
2. Who may use the Platform
You must be 18 or older to create an account.
Accounts belong to individuals acting for an organisation — a recruitment business, an employer hiring for itself, or an individual recruiter. By registering an organisation you warrant that you are authorised to act for it and to accept these terms in its name.
By creating an account you confirm you have read and accepted these terms.
3. Your organisation, listings, and candidate data
Ownership and licence
You own your content. When you register an organisation or post a job listing, you grant the Platform a non-exclusive licence to display and index that content for as long as your account is active. We do not sell your content to third parties.
Your organisation name and address
Registering an organisation reserves a Platform web address (e.g. your-name.smorg.co.za). You warrant that the organisation name and address you choose do not infringe anyone else’s rights — including trademarks and company names. We may reclaim an address that infringes rights, impersonates another business, or violates these terms.
Your responsibility for accuracy
You are responsible for what you publish. Organisation details and job listings must be truthful and not misleading. We do not verify the information you submit — we rely on you to keep it accurate and up to date. If we discover content that is false or deceptive, we may remove it and may suspend the account.
Don’t impersonate anyone, and don’t use the Platform to harass, spam, or discriminate.
Job listings
Job listings must represent genuine open roles. We may remove listings that appear fraudulent, misleading, or in breach of the Employment Equity Act 1998. We cannot independently verify every listing — if a role is no longer available or the listing contains inaccuracies, that is your responsibility to correct or withdraw.
The Platform may offer distribution of your listings to affiliated job boards. Where you choose to distribute a listing, the listing appears on those boards in your organisation’s name and remains your responsibility.
Candidate data you bring onto the Platform
The Platform lets you store and manage candidate information — applications, CVs, contact details, notes. That information is personal information under the Protection of Personal Information Act 4 of 2013 (POPIA). For candidate data you collect and manage, your organisation is the responsible party and CDSoft Ltd acts as an operator processing it on your instructions.
You warrant that you have a lawful basis for the candidate data you bring onto or collect through the Platform, that candidates have been appropriately informed, and that you honour their rights under POPIA — including access, correction, and deletion. If a candidate asks us directly to remove their data from your organisation’s records, we will refer the request to you and may act on it ourselves where the law requires.
Responsibility for what you post
If you post a listing or register an organisation on behalf of a company, you warrant that you are authorised to act for that company.
Your organisation is solely responsible for the content of each listing and for its compliance with applicable law — including the Employment Equity Act 1998, the Employment Services Act 2014, and advertising and consumer protection legislation. The Platform displays listings; it does not author, endorse, or verify them.
You indemnify CDSoft Ltd against any claim, loss, or damage arising from content you post on the Platform or from your handling of candidate data — including claims of discrimination, misleading advertising, POPIA breaches within your organisation’s responsibility, or infringement of third-party rights. In plain terms: if what you publish or how you treat candidates causes a legal problem, that problem is yours, not ours.
4. No outcomes guaranteed
We do not guarantee that a job listing will attract applicants, that candidates sourced through the Platform will be suitable, or that any hire will result. Decisions about who to approach and who to hire rest entirely with you — the Platform has no part in those decisions.
5. Free and paid features
Core features may be free or paid — the relevant pricing page on the Platform is the authoritative source at the time of purchase.
If a paid feature is purchased, the Consumer Protection Act 68 of 2008 gives you a 5-business-day cooling-off right for electronic transactions. Refund requests within this window will be honoured.
6. What we may do with your account
We may suspend or close an account that violates these terms, posts fraudulent content, mishandles candidate data, or is used to harass others. Where practical we’ll give notice and a chance to respond before taking action.
7. Limitation of liability
To the extent permitted by law, CDSoft Ltd’s liability for any claim arising from use of the Platform is limited to the amount you paid us in the 3 months preceding the claim. We are not liable for indirect losses, lost opportunities, or outcomes of any hiring decision made using the Platform.
8. Governing law
These terms are governed by South African law. Disputes will be resolved in the courts of South Africa. If a provision of these terms conflicts with the Consumer Protection Act or any other applicable SA legislation, the legislation prevails.
9. Changes
We may update these terms. If a change materially affects your rights, we will notify active users by email at least 14 days before the change takes effect. Continued use after that date constitutes acceptance.
Questions? Contact us