1. Introduction and Acceptance
1.1 These Terms and Conditions (“Terms”) govern your access to and use of the Dragynn website at dragynn.com, our mobile applications, and all related services (collectively, the “Platform”), operated by Industrial Web Technologies (Pty) Ltd, trading as Dragynn (“Dragynn”, “we”, “us” or “our”).
1.2 By registering an account, clicking “I agree”, or accessing or using the Platform, you agree to be bound by these Terms and by our Privacy Policy, which together form a binding agreement between you and Dragynn. In terms of section 11(3) of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), these Terms are valid and enforceable even though they are concluded electronically. If you do not agree, you must not use the Platform.
1.3 These Terms apply to all users of the Platform, including visitors, Candidates, Employers, Agencies, registered and unregistered users. Additional terms in a signed order form or pricing proposal may apply to Employers and Agencies and will prevail over these Terms to the extent of any conflict.
1.4 If you use the Platform on behalf of a company or other legal entity, you warrant that you are authorised to bind that entity, and “you” includes that entity.
2. Definitions
In these Terms, unless the context indicates otherwise:
“Candidate” means a natural person who creates a profile on the Platform to be discovered for employment or work opportunities;
“Candidate Profile” means the profile created by a Candidate, including CV data, media, references, assessments and availability status;
“Employer” means a person or entity that uses the Platform to search for, contact or recruit Candidates for its own vacancies;
“Agency” means a recruitment agency or intermediary that uses the Platform to search for, contact or recruit Candidates on behalf of its clients;
“Recruiter” means an Employer or an Agency, and any Authorised User acting for either;
“Unlock”means the paid action by which a Recruiter obtains access to a Candidate’s full profile and contact details;
“Credits” means prepaid units purchased by a Recruiter and redeemable for Unlocks or other paid features;
“POPIA” means the Protection of Personal Information Act 4 of 2013; “GDPR” means the EU General Data Protection Regulation 2016/679; “CPA” means the Consumer Protection Act 68 of 2008; “EEA” means the Employment Equity Act 55 of 1998.
3. About Us — Statutory Disclosures (ECTA section 43)
3.1 Full name: Industrial Web Technologies (Pty) Ltd, trading as Dragynn, a private company incorporated in the Republic of South Africa.
3.2 Physical address and address for service of legal documents: 1 New Road Office Park, 5 New Road, Midrand, 1685, South Africa. Website: dragynn.com. Email: [email protected]. Telephone: +27 78 745 7319.
3.3 Description of services: an online recruitment platform operating a searchable candidate database. Candidates list their profiles free of charge; Recruiters pay to Unlock candidate contact details and for related recruitment services. Full pricing, including VAT and any additional costs, is displayed on the Platform before payment.
3.4 Payment processing: payments are processed over secure, encrypted connections and are not stored by Dragynn.
3.5 Users may lodge complaints at [email protected]. We aim to respond within 5 business days. Consumers may also approach the Consumer Goods and Services Ombud or the National Consumer Commission.
4. Eligibility and Registration
4.1 You must be at least 18 years old and legally capable of entering into a binding agreement to register an account.
4.2 You must provide complete, accurate and truthful information when registering and must keep it up to date. Each person may hold only one account, and accounts are not transferable. We may refuse, suspend or remove any registration in our reasonable discretion, including duplicate or inactive accounts.
4.3 You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us immediately of any unauthorised use or security breach at [email protected].
4.4 Recruiters may be required to complete business verification (including company registration checks) before gaining search or Unlock access. We may decline or revoke Recruiter access where verification fails or where we reasonably suspect misuse.
5. Terms for Candidates
5.1 Free service
All core services for Candidates — creating a profile, uploading a CV, appearing in search results and receiving contact from Recruiters — are free of charge.
5.2 Profile visibility and masking
By activating your Candidate Profile, you consent to it being searchable by verified Recruiters. Before an Unlock, Recruiters see only a limited view of your profile (such as your first name, the first letter of your surname, and non-identifying career information). Your full contact details are revealed to a Recruiter only when that Recruiter pays to Unlock your profile. You may hide or deactivate your profile at any time in your settings, which removes it from future search results; Recruiters who have already Unlocked your profile retain the details previously revealed to them.
5.3 Accuracy and freshness
You warrant that all information in your profile is true, accurate and your own. The Platform uses freshness mechanisms — including periodic “still available” confirmations and update reminders — and search ranking favours recently updated and active profiles. Profiles that remain unconfirmed or inactive may be ranked lower, flagged as unverified, deactivated or removed.
5.4 Assessments, media and references
You may add video introductions, portfolio media, references and may complete AI-assisted interviews or skills assessments. Reference and endorsement content you request from third parties will be visible on your profile subject to your settings. You are responsible for having the right to upload any content you submit.
5.5 No guarantee of employment
Dragynn is a discovery platform, not an employment agency and not a party to any employment relationship. We make no representation or guarantee that you will be contacted, interviewed or hired. Any hiring decision, contract, remuneration or dispute is solely between you and the Recruiter.
5.6 Deletion
You may delete your account at any time. On deletion we remove your personal information from the searchable database, subject to statutory retention obligations and the terms of our Privacy Policy.
6. Terms for Employers and Agencies
6.1 Licence and permitted purpose
We grant Recruiters a non-exclusive, non-transferable right to search the candidate database and Unlock profiles solely to fill genuine vacancies for the Recruiter’s own business (or, for Agencies, for identified clients). Access is limited to the number of Authorised Users in your package; one Authorised User per natural person; credentials may not be shared.
6.2 Prohibited uses of candidate data
Recruiters must not: (a) sell, licence, publish, scrape, export in bulk or otherwise disclose candidate data to any third party; (b) use candidate data for marketing, lead generation or any purpose other than recruitment for a genuine vacancy; (c) contact a Candidate about anything other than a relevant work opportunity; (d) retain candidate data longer than needed for the recruitment purpose, or contrary to POPIA or the GDPR; or (e) use the database to solicit candidates for competing platforms.
6.3 Recruiter as responsible party
Once a Recruiter Unlocks a profile, the Recruiter becomes an independent responsible party (controller) of that personal information and must comply with POPIA and, where applicable, the GDPR, including lawful-basis, security, retention and data-subject-rights obligations. Agencies warrant that their clients are bound to equivalent obligations before candidate data is shared with them.
6.4 Agencies
Agencies must identify themselves as such, may administer listings and Unlocks on behalf of clients, and remain liable to Dragynn for the acts and omissions of their clients and Authorised Users as if they were their own.
6.5 Job postings
All job advertisements must describe a genuine, currently available vacancy, must not be misleading, must not require payment from Candidates, and must comply with clause 10 (Non-Discrimination). We may edit, decline or remove any posting that breaches these Terms without refund.
7. Fees, Credits, Payments and Refunds
7.1 Prices for Unlocks, Credits, subscriptions and other paid services are displayed on the Platform inclusive of VAT (where applicable) before you pay. We may change prices on notice; changes do not affect Credits already purchased.
7.2 An order is an offer by you; a contract is concluded when we confirm acceptance after successful payment. Payment is due in advance unless a signed order form provides otherwise. Overdue amounts on invoiced accounts accrue interest at the maximum rate permitted by law, and access may be suspended for non-payment.
7.3 Credits are valid for [12] months from purchase, are not transferable, and hold no cash value except as required by law. Unused, expired Credits are forfeited to the extent permitted by the CPA.
7.4 Cooling-off (ECTA section 44): you may cancel a purchase without reason within 7 days of the transaction and receive a full refund, unless you have already used the service — an Unlock is performed immediately at your request, so once a profile has been Unlocked that Unlock cannot be refunded under the cooling-off right. Unused Credits within the 7-day window remain refundable.
7.5 If an Unlocked profile contains materially false contact details (for example, the phone number and email address are both invalid), report it within [7] days and we will re-credit the Unlock. This is a goodwill remedy and does not limit your statutory rights.
7.6 Subscriptions renew automatically at the end of each billing period unless cancelled before renewal. We will send a renewal reminder where required by law.
8. Off-Platform Circumvention
8.1 The Platform’s pricing depends on Recruiters paying to Unlock contact details. Recruiters must not solicit, encourage or accept a Candidate’s contact details through any means designed to avoid an Unlock, including asking Candidates to embed contact details in free-text fields or contacting Candidates identified on the Platform through other channels without an Unlock.
8.2 We use technical measures to detect circumvention. Breach of this clause entitles us to charge the applicable Unlock fee for each affected Candidate, and to apply a graduated response including warnings, suspension or termination without refund.
8.3 Candidates must not publish their own contact details in publicly visible profile fields; we may automatically redact such details to protect the masking model.
9. Privacy and Data Protection
9.1 We process personal information in accordance with POPIA, and, for users in the European Union, European Economic Area or United Kingdom, the GDPR and UK GDPR, as described in our Privacy Policy, which forms part of these Terms.
9.2 Cross-border transfers:Recruiters and job postings may originate outside South Africa. Where candidate personal information is transferred outside South Africa, we do so in accordance with section 72 of POPIA (and, for EU/EEA/UK data, Chapter V of the GDPR), including transfers to recipients subject to laws or binding agreements providing an adequate level of protection, or with the Candidate’s consent.
9.3 Candidates consent, by activating a profile, to the processing described in clause 5.2, including automated analysis of CVs and profile content to improve matching, ranking and search. Where a decision producing legal or similarly significant effects would be based solely on automated processing, you have the rights afforded by section 71 of POPIA and Article 22 of the GDPR.
9.4 You may exercise access, correction, deletion and objection rights via your account settings or by contacting our Information Officer at [email protected]. You may complain to the Information Regulator (South Africa) — inforegulator.org.za — or your local supervisory authority.
10. Non-Discrimination and Fair Hiring
10.1 Recruiters must comply with the Employment Equity Act 55 of 1998 and all applicable anti-discrimination laws. Job postings, search practices and hiring decisions made using the Platform must not unfairly discriminate on grounds including race, gender, sex, pregnancy, marital status, family responsibility, ethnic or social origin, colour, sexual orientation, age, disability, religion, HIV status, conscience, belief, political opinion, culture, language or birth, except where permitted by law (such as an inherent requirement of the job or an affirmative action measure).
10.2 We may amend or remove any advertisement or restrict any search practice that we reasonably consider discriminatory, without liability or refund, and you indemnify us against claims arising from your breach of this clause.
11. Acceptable Use
You must not, in connection with the Platform:
(a) provide false, misleading or fraudulent information, or impersonate any person; (b) upload content that is unlawful, defamatory, obscene, hateful or infringes any third-party right; (c) introduce viruses or malicious code, or attempt to gain unauthorised access to the Platform or its data; (d) scrape, crawl, harvest, data-mine or copy the database or any substantial part of it, whether manually or by automated means, including for training machine-learning models; (e) frame, deep-link to, or resell the Platform or database without our prior written consent; (f) interfere with the proper working of the Platform or impose an unreasonable load on our infrastructure; or (g) use the Platform in breach of any applicable law.
12. Intellectual Property
12.1 The Platform, its software, design, trade marks (including “Dragynn” and the Dragynn logo), and the compilation and structure of the candidate database are owned by or licensed to Dragynn and are protected by copyright, trade mark and sui generis database rights. No rights are granted except as expressly set out in these Terms.
12.2 You retain ownership of content you upload. You grant Dragynn a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt, analyse, display and distribute that content as necessary to operate, promote and improve the Platform, subject to the visibility settings you choose and our Privacy Policy. The licence ends when your content is deleted, except for copies already lawfully provided to Recruiters and backups retained for a limited period.
13. Third-Party Services and Verification
13.1 The Platform may integrate third-party services, including payment processors, video interviewing, skills assessments, background checks, and education or certification verification. Your use of those services is subject to the third party’s own terms and privacy policy, and we are not responsible for their content, availability or data practices.
13.2 Verification badges and check results reflect information supplied by third parties at a point in time. We do not warrant their accuracy or completeness, and we are not liable for inaccuracies, omissions or delays in third-party checks or for decisions made in reliance on them. Background checks are performed only with the Candidate’s consent as required by law.
14. Disclaimers and Warranties
14.1 The Platform is provided “as is” and “as available”. To the extent permitted by law, we do not warrant the accuracy, completeness or currency of any profile, job posting or other content; that the Platform will be uninterrupted, error-free or free of harmful components; or that any Candidate will be suitable, available or hired, or that any vacancy will be filled.
14.2 We are not an employment agency, temporary employment service or labour broker, and we are not a party to, and accept no liability arising from, any employment or engagement between a Candidate and a Recruiter.
14.3 We back up our servers regularly, but data loss cannot be excluded; you are advised to retain your own copies of content you upload. Planned and unplanned downtime may occur for maintenance, security or capacity reasons.
14.4 Nothing in these Terms limits any warranty or right that cannot be excluded under the CPA or other applicable consumer law, including your rights under sections 43 and 44 of ECTA.
15. Limitation of Liability and Indemnity
15.1 To the fullest extent permitted by law, Dragynn and its directors, employees and affiliates are not liable for any indirect, special or consequential loss, loss of profits, loss of data or loss of business opportunity arising from your use of, or inability to use, the Platform, the conduct of any Candidate or Recruiter, or reliance on any content on the Platform.
15.2 Where liability cannot be excluded, our total aggregate liability to any Recruiter is limited to the greater of (a) the re-supply of the affected service and (b) the amounts paid by that Recruiter to Dragynn in the 12 months preceding the claim. Our total aggregate liability to any Candidate is limited to R[1,000], given that Candidate services are provided free of charge. Nothing limits liability for gross negligence, fraud or any liability that cannot lawfully be limited, and nothing limits a consumer’s rights under the CPA.
15.3 You indemnify Dragynn against claims, losses and expenses (including reasonable legal costs) arising from your breach of these Terms or of applicable law, content you upload, or your dealings with other users, to the extent permitted by law.
16. Suspension and Termination
16.1 The agreement runs for an indefinite period. Candidates may terminate at any time by deleting their account. Recruiters may terminate on notice, subject to any fixed term in a signed order form; termination does not entitle a Recruiter to a refund of fees for services already rendered or Credits already consumed.
16.2 We may suspend or terminate your access immediately, with notice where practicable, if you materially breach these Terms (including clauses 6, 8, 10 and 11), if required by law, or if we reasonably suspect fraud or a security risk. We may modify or discontinue features of the Platform; if you do not accept a material change your remedy is to stop using the Platform and terminate.
16.3 Clauses which by their nature survive termination (including clauses 6.2, 6.3, 8, 12, 15, 18 and 19) continue to apply.
17. Changes to these Terms
17.1 We may amend these Terms from time to time. Material changes will be notified by email or in-Platform notice at least [14] days before they take effect. Continued use of the Platform after the effective date constitutes acceptance. The version in force at the time of your most recent order governs that order.
18. Notices and Domicilium
18.1 Dragynn chooses 1 New Road Office Park, 5 New Road, Midrand, 1685, South Africa as its address for service of legal documents (domicilium citandi et executandi), and [email protected] for other notices. Your addresses are those in your account profile. Notices sent by email are deemed received on the first business day after sending, unless the sender receives a delivery failure.
19. Governing Law and Disputes
19.1 These Terms are governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the South African courts. If you are a consumer habitually resident in the EU, EEA or UK, you additionally retain the benefit of any mandatory consumer protections of your country of residence, and nothing in this clause deprives you of the right to bring proceedings there.
19.2 Before litigating, the parties will attempt in good faith to resolve any dispute through our complaints process (clause 3.5) and, failing that, mediation. This clause does not prevent either party from seeking urgent interim relief or a consumer from approaching the National Consumer Commission, the Consumer Goods and Services Ombud, or the Information Regulator.
20. General Provisions
20.1 These Terms, the Privacy Policy and any signed order form constitute the entire agreement between you and Dragynn regarding the Platform. No indulgence or delay in enforcement constitutes a waiver. If any provision is found invalid, the remainder stays in force, and the invalid provision is deemed replaced by a valid provision closest to its intent.
20.2 You may not cede, assign or transfer your rights or obligations without our prior written consent, which will not be unreasonably withheld. We may assign this agreement to an affiliate or in connection with a merger or sale of business, on notice to you.
20.3 These Terms are available in English. Where translations are provided for convenience, the English version prevails. A printed or electronically stored copy of these Terms is admissible as evidence of their content.