1. Introduction
These Terms and Conditions govern access to and use of the Khaya Solutions website, platform, applications, products and services.
By accessing or using Khaya Solutions, you agree to be legally bound by these Terms and Conditions. If you do not agree with these Terms, you must discontinue use of the platform immediately.
2. Definitions
- "Khaya Solutions" means Khaya Solutions (Pty) Ltd.
- "Platform" means the Khaya Solutions website, applications, systems and services.
- "Employer" means any person, household, family, business or organisation seeking workers through the platform.
- "Worker" means any person registered on the platform seeking employment or work opportunities.
- "User" means any visitor, employer or worker using the platform.
- "Placement" means any engagement, employment, contract work or service arrangement resulting from a match facilitated through the platform.
3. Nature of the platform
Khaya Solutions operates as a workforce matching, recruitment and placement platform. Khaya Solutions facilitates introductions between employers and workers. Unless expressly agreed otherwise in writing:
- Khaya Solutions is not the employer of any worker.
- Khaya Solutions does not employ workers on behalf of employers.
- Khaya Solutions is not a labour broker.
- Khaya Solutions is not a temporary employment service.
- Khaya Solutions is not responsible for supervising workers after placement.
The employment relationship exists solely between the employer and the worker.
4. Eligibility
Users must:
- Be at least 18 years old.
- Have legal capacity to enter agreements.
- Provide accurate information.
- Comply with applicable laws.
Khaya Solutions may refuse registration at its sole discretion.
5. Account registration
Users agree to:
- Provide truthful information.
- Maintain accurate profile information.
- Protect account credentials.
- Notify Khaya Solutions of unauthorised account access.
6. Verification services
Khaya Solutions may utilise approved third-party providers to perform identity verification, criminal-record screening, qualification verification, employment verification, reference verification and fraud screening.
Verification information is based on information available at the time of screening. Khaya Solutions does not guarantee future conduct, honesty, competence, suitability, safety, performance or reliability. Verification reduces risk but does not eliminate risk. Employers remain responsible for conducting their own due diligence before hiring.
7. Employer responsibilities
Employers agree to:
- Treat workers lawfully and fairly.
- Comply with all applicable labour legislation.
- Pay workers as agreed.
- Comply with minimum wage requirements.
- Maintain safe working conditions.
- Avoid discrimination, harassment or abuse.
- Provide truthful job descriptions.
8. Worker responsibilities
Workers agree to:
- Provide accurate information.
- Maintain truthful profiles.
- Disclose relevant qualifications honestly.
- Comply with lawful instructions.
- Treat employers respectfully.
- Maintain professional conduct.
9. Fees
Khaya Solutions may charge placement fees, subscription fees, verification fees and administrative fees. All fees will be disclosed before becoming payable. Fees are generally non-refundable unless otherwise stated in a specific policy.
10. Replacement guarantees
- The guarantee applies only under the published policy.
- Khaya Solutions retains sole discretion regarding eligibility.
- A replacement does not constitute a refund.
- Replacement guarantees are limited to the period specified.
11. User content
Users remain responsible for all content submitted to the platform. Users warrant that information submitted is accurate, is lawful, and does not infringe third-party rights. Khaya Solutions may remove content without notice.
12. Prohibited conduct
Users may not:
- Submit false information.
- Engage in fraud.
- Harass other users.
- Discriminate unlawfully.
- Upload malicious software.
- Attempt unauthorised access.
- Circumvent fees.
- Use the platform for illegal purposes.
13. Intellectual property
All platform content — including logos, branding, designs, text, graphics, software and databases — remains the property of Khaya Solutions or its licensors. Users acquire no ownership rights.
14. Disclaimer of warranties
The platform is provided on an “as is” and “as available” basis. Khaya Solutions makes no representations or warranties regarding continuous availability, accuracy, suitability, reliability, employment outcomes, hiring outcomes or user conduct. Khaya Solutions does not guarantee successful placements.
15. Limitation of liability
To the fullest extent permitted by law, Khaya Solutions shall not be liable for employment disputes, worker misconduct, employer misconduct, negligent acts, theft, fraud, assault, property damage, personal injury, financial losses, lost profits, or indirect or consequential damages. The total liability of Khaya Solutions shall never exceed the amount paid by the relevant user to Khaya Solutions during the preceding twelve months.
16. Indemnity
Users agree to indemnify and hold harmless Khaya Solutions, its directors, employees, contractors and agents against claims arising from user misconduct, breach of these Terms, employment disputes, false information supplied by users, or unlawful conduct.
17. Suspension and termination
Khaya Solutions may suspend or terminate accounts where false information is supplied, fraud is suspected, laws are breached, platform rules are violated, or safety concerns arise. Termination may occur without prior notice.
18. Privacy
Personal information is processed in accordance with the Khaya Solutions Privacy Policy. Users acknowledge that personal information may be processed for verification, matching and compliance purposes.
19. Governing law
These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the jurisdiction of South African courts.
20. Dispute resolution
Users agree to attempt good-faith resolution of disputes before commencing legal proceedings. Khaya Solutions reserves the right to require mediation before litigation.
21. Changes to terms
Khaya Solutions may amend these Terms from time to time. Updated versions shall become effective upon publication. Continued use of the platform constitutes acceptance of revised Terms.
22. Contact details
Khaya Solutions (Pty) Ltd
Website: khayasolutions.co.za
General/legal: legal@khayasolutions.co.za
Information Officer: privacy@khayasolutions.co.za
23. Acceptance
By accessing or using the Khaya Solutions platform, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.