TERMS AND CONDITIONS
All users of the Website should carefully read the entire contents of this Terms and Conditions (defined as “TAC”) as it contains important information, which relates to your legal rights and obligations. By accessing and/or using the Website, you expressly agree to be legally bound by this TAC. This TAC constitutes a legally binding agreement between the user of this Website (defined as the “User” or “You”) and John Mallia (defined as the “SiteOwner”) in relation to the Website including any subdomains and any other third party websites through which the SiteOwner makes available its products and services, whether directly or indirectly.
The TAC provides you information on the basis and terms on which the SiteOwner is prepared to allow You to access the Website for the purposes of making use of the services and products offered by the SiteOwner. BY CONTINUING TO USE THE WEBSITE USERS EXPRESSLY AGREE TO THE SITEOWNER’S TERMS AND CONDITIONS STATED HEREIN WITHOUT ANY RESERVATION WHATSOEVER. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS OF USE EXPRESSED HEREIN YOU MUST IMMEDIATELY CEASE TO USE AND EXIT THE WEBSITE.
The SiteOwner reserves at all times the right to make changes to this TAC at its sole and absolute discretion without further reference to You. SHOULD You BE UNHAPPY WITH ANY FUTURE CHANGES FOR ANY REASON WHATSOEVER, YOU MUST IMMEDIATELY CEASE TO USE THE WEBSITE. IF USERS CONTINUE TO USE THE WEBSITE THEY SHALL BE DEEMED TO EXPRESSLY AGREE TO EACH INSTANCE, WE MAKE SUCH CHANGES.
In this TAC, unless there is something in the subject matter or context inconsistent therewith, the following terms and expressions will have the following meanings:
|“CCPA”||California Consumer Privacy Act 2020|
|"Content"||Any and all images, text, information, data, audio, video, graphics, computer code, software, algorithms and other material provided on or through the Website and the Services.|
|“Cookie”||Cookies are tiny files which contain slivers of data and information, which may or may not include, an anonymous unique identifier in relation to whom the cookie is directed. It is a tiny file of text that a website transfers and stores on your device with the purpose of tracking your movements within the Website and your interaction with the various components and features of the Website. These files facilitate to improve and enhance the user’s Website experience and record their preferences. Cookies on the Website do not seek to control the devices on which they are stored and nor are they damaging, and nor do they extract your personal information from your device. The cookies will reside on your device(s) until they expire or are deleted by You.|
|“Employer”||Any person or business entity, whether incorporated or not, that registers an account on the Website as an Employer and posts details of a remote offsite job vacancy on the Website whether on their own behalf or on behalf of one or more third parties.|
|“GDPR”||Regulation (EU) 2016/679 General Data Protection Regulation|
|“Intellectual Property”||Intellectual Property of the SiteOwner as produced on the Website shall incorporate the entire content of the Website without exception and shall include, but is not limited to, all text, documents, information, data, articles, images, photographs, graphics, software, algorithms applications, video recordings, audio recordings, sounds, designs, features, trade name, service mark, trade dress, logo, custom graphics or icons and other materials that are or may become available on the Website after the effective date of this TAC and it is hereby declared that the entirety of the Intellectual Property is the sole and exclusive property of the SiteOwner.|
|“JobSeeker”||Any person who registers an account on the Website as a JobSeeker and who may apply for one or more job vacancies posted on the Website by Employers. By clicking on link to apply for a posted vacancy, the Jobseeker will be redirected to the Employer’s website or to a third party website where the Jobseeker would make his/her actual application for the posted job vacancy.|
|“Offer”||The offer made by the Employer to purchase one or more services and/or items displayed by the SiteOwner for sale on the Website by clicking on a ‘Post Job’ button.|
|“License”||The License granted by the SiteOwner to the User pursuant to Clause 18 of the TAC.|
|“Purchased Item(s)”||The Services and/or other items purchased by the Employer on the Website.|
|“Purchaser”||Any Employer who makes a payment to the SiteOwner in order to publish one or more of his/her/its remote job vacancies on the Website.|
|“Registered User” or “You”||The person or legal entity who creates a user account on the Website as an Employer or as a JobSeeker by following the prescribed registration process in order to be able to use of the Website and the Services.|
|“Services”||Through the Website, the SiteOwner provides Registered Users access to an online marketplace for Employers to advertise their remote job vacancies and provides JobSeekers the opportunity to apply for the vacant positions advertised by Employers. For utilisation of the Services, the SiteOwner provides Employers the option to buy plans on various tier plans offering different levels of services and these services are collectively referred to in this TAC as the Services. Use of the Services is only available only to Registered Users of the Website but may be viewed by all Users.|
|“SiteOwner” "or “Us” or “We”||www.recamov.com and the entirety of its content and related software, applications and services and all intellectual property therein are the sole and exclusive property of John Mallia, an individual resident in Malta.|
|“User” or “Users”||Any person and/or entity that use any part of the Website for any purpose no matter the duration or circumstances of use and shall include Registered Users.|
|“Website”||www.recamov.com and the entire contents thereof.|
|“Working Day”||Any day on which banks legally open for business in Malta.|
GENERAL TERMS AND CONDITIONS
1. Language And Currency
The official language of the Website is English. All registrations procedures and all communications must be in English.
The official currency of the Website is the Euro
2. Acceptance Of The TAC By Users And Consent To Redirection
2.1 All User of the Website must read this TAC before using any part of the Website. If You have any issue with any provision set out herein and/or You do not wish to be bound by any of the terms and conditions set out herein, You must stop using the Website immediately and leave. By continuing to use any part of the Website for any duration whatsoever and for any purpose whatsoever, the User expressly and irrevocably without any reservation whatsoever accepts all the provisions, terms and conditions for the Services and the Website set out herein.
- 2.2 By clicking on link to apply for a posted vacancy, the Jobseeker will be redirected to the Employer’s website or to a third party website where the Jobseeker would make his/her actual application for the posted job vacancy. The Jobseeker expressly and irrevocably consents to being redirected to the Employer’s or the third party website to make their application for the remote job vacancy.
- 2.4 All interactions that take on the Employer’s or the third party website are a matter to between the Jobseeker and the Employer/third party and the SiteOwner shall not in any way be liable or responsible for such interactions and the SiteOwner shall not be liable for any loss or injury of any kind that the Jobseeker may incur or suffer as a result of the redirection to Employer’s or the third party website. The Jobseeker hereby expressly and irrevocably undertakes to the SiteOwner that he/she shall perform his/her own due diligence before using the Employer’s or the third party website.
3. Intellectual Property And Copyright
- 3.1 The entire content of the Website is the intellectual property and copyright of the SiteOwner who reserves all rights to the intellectual property and copyright represented by the entire content of the Website. No party is authorised or entitled to exploit commercially the content of the Website, in whole or any part thereof, under any circumstances and for any reason whatsoever. Any copying, reproduction, redistribution, sharing and/or transmission of the content of the Website or any part thereof without the prior written consent of the SiteOwner is strictly prohibited and is an infringement of the relevant laws.
- 3.2 Any trademarks displayed on the Website and the Services are the trademarks of the SiteOwner and no person or entity shall have the right to use or deal in the trademarks in any way whatsoever.
- 3.3 Any non-proprietary postings made by Users on any part of the Website shall become the exclusive property of the SiteOwner.
- 3.4 Notwithstanding the provisions of Clause 3.3, the User making the non-proprietary posting shall be wholly responsible for the entire content of the posting for all purposes, including but not limited to breach of copyright, theft of intellectual property, libel, slander, racial discrimination, sexual discrimination and any other instance which may give rise to any liability of whatever nature on the part of the SiteOwner.
- 3.5 The SiteOwner shall at all times retain the right, at its sole and absolute discretion, to remove any posting made by a User on the Website, in whole or in part, and the SiteOwner shall be under no obligation whatsoever to give a reason for such removal or to refer to the User in respect thereof.
- 3.1 If You are the creator/owner of any material displayed on the Website and You have not granted permission to anyone to use such material on the Website, please advise the SiteOwner in writing of the possible breach of your intellectual property rights and the SiteOwner undertakes to investigate the matter and where deemed appropriate, after such investigation, remove such material from the Website. All such notifications should be sent to the SiteOwner at firstname.lastname@example.org.
- 4.1 All persons and/or entities seeking to have full access to the Services must complete the registration process and be accepted by the SiteOwner as a Registered User of the Services and the Website. The acceptance of any registration shall be at the sole and exclusive discretion of the SiteOwner who shall be under no obligation whatsoever to provide any explanation should any registration be declined and where such an explanation is provided it shall be provided as a courtesy only.
- 4.2 Users must use their email address to complete the registration process. In creating the account, the Registered User represents, undertakes and warrants to the SiteOwner that they are not barred from receiving the Services in his/her/its jurisdiction and that the information provided for the creation of the account is true and correct. The Registered User further agrees that he/she/it shall keep such information updated in a timely manner as changes occur from time to time.
- 4.3 In creating his/her/its account, the Registered User shall not use a username that may reasonably be expected to cause offence to others and they shall not use any username, which has or may have profane, racial, sexual or other socially unacceptable references.
- 4.4 As part of the registration process, all registrants are required to answer a series of mandatory questions and a series of optional questions. The registrant hereby warrants and undertakes to the SiteOwner that all his/her/its answers to the questions posed during the registration process shall be true and accurate.
- 4.5 If any of the information provided to the SiteOwner by the Registered User is found to be misleading, incorrect or false, the SiteOwner at all times reserves the right to terminate or suspend the Registered User’s account. The SiteOwner may also take such action it sees fit at any time without giving notice to the Registered User and/or without any reference to the Registered User.
4.6 The Registered User shall at all times be responsible for all activity that occurs in or through his /her/its account without reservation and shall be responsible for its security. The Registered User shall not at any time and for any reason share his/her/its account with any other person or legal entity and shall keep the username and the password private.
In the event the password is lost or stolen or has been disclosed to a third party, whether consciously or inadvertently, the Registered User undertakes to inform the SiteOwner of the breach of security of his/her/its account immediately. Notwithstanding the acceptance of such responsibility by the Registered User for the contents of his/her/its account, the Registered User shall not create any content which, (whether directed at a person, group of persons, a community or a religion):
- interferes with or disrupts access to or otherwise may cause harm to the Website or the Services offered through the Website (or the servers and networks which are connected to the Website) or any affiliated or linked websites;
- impersonates any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- is racist, bigoted, sexually discriminating, sexual in nature, harassing, obscene, profane, offensive or which may incite hatred of any kind or is illegal or which may promote illegal acts to be committed or which the Registered User knows or believes are untrue, inaccurate false, malicious, libellous or slanderous;
- is in any way linked or aligned to or with any terrorist group or groups or in any way incite or promote acts of terrorism and/or violence however defined or contain instructions of any kind which may result in the commissioning of acts of violence, terrorism;
- unlawfully threatens or harasses a person, whether actual or perceived;
- indecently represents a person of any gender and/or age;
- are files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or our vendor websites or another’s computer;
- probes, scans or tests the vulnerability of the Website or any network connected to the Website, or breaches the security or authentication measures on the Website or any network connected to the Website.
- reverse look-up, traces or seeks to trace any information on any other User, including any website account not owned by the User, to its source, or exploits the Website or the Services or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information other than the User’s own information as provided for by the Website;
- collects or stores data about other Users in connection with the prohibited conduct and activities set forth in this TAC;
- uses the Website or any material or content for any purpose that is unlawful or prohibited by this TAC, or the laws of Malta, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or other third parties;
- violates any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- publishes, posts, disseminates information that is false, inaccurate, misleading or violate any applicable laws or regulations for the time being in force in or outside Malta;
- creates liability of any kind for the SiteOwner or cause the SiteOwner to lose (in whole or in part) the services of our internet service provider (“ISPs”), our vendors or other suppliers;
- could lead to the exploitation of any person under the age of 18 for any purposes, including, but not limited to, those of a sexual and/or economic nature or to the abuse, of any kind of such persons in any way whatsoever;
- relates to a ponzi scheme, pyramid or other investment scheme, chain letter, unsolicited mailing;
- infringes or violates the rights of any third party, directly or indirectly, including but not limited to, rights to copyright or intellectual property and rights to privacy; and
- Solicits passwords and other security access information.
- 4.7 Under no circumstances will the SiteOwner be liable to Users for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. Further, Users agree to reimburse the SiteOwner for any improper, unauthorised or illegal use of their account by them or by any person obtaining access to the Website, the Services or otherwise by using Users’ designated username and password, whether or not Users authorised such access.
- 4.8 The SiteOwner may request the Registered User to clarify and/or expand on the information provided by the Registered User and the Registered User hereby expressly agrees to the SiteOwner taking such steps it deems appropriate.
5. Who May Use The Website And The Services?
- Use of the Website and the Services is strictly restricted to persons over the age of 18 and who are capable of entering into a legal agreement in their country of residence. Unregistered users will only have access to limited features of the Website. The limited access is to allow Unregistered Users to form a view as to whether they would like to register for an account on the Website to gain access to all the features and benefits of the Website and the Services by becoming a Registered User.
- To be eligible to post job vacancies on the Website, the User must be legally operating a business capable of offering remote employment opportunities to Users.
- No person or entity shall be entitled to have more than one account on the Website. Any Registered User found to have more than one account, may have all his/her/its accounts terminated at the sole and absolute discretion of the SiteOwner, who shall be under no obligation whatsoever to give an explanation for such termination.
- In registering an account on the Website and becoming a Registered User, the Registered User irrevocably undertakes, represents and warrants to the SiteOwner that he/she/it is in full compliance with Clause 5.1 and Clause 5.2 of this Agreement as appropriate.
6. Relationship Between the SiteOwner And Users
For avoidance of doubt, it is expressly stated that the SiteOwner shall at all times be an independent service provider to Users and nothing on the Website or in this TAC shall indicate, expressly or impliedly, that the SiteOwner is an agent, and/or employee of the User or vice versa or that the SiteOwner is in any way connected to the User.
The SiteOwner is also not an adviser to User in any way. All information posted by the SiteOwner on the Website is the opinion of the SiteOwner and is posted exclusively for information purposes only and shall not in any way whatsoever be deemed or interpreted to be advice of any kind.
7. Refusal Of Use
The provision of the Services and use of the Website shall at all times be at the sole and absolute discretion of the SiteOwner and the SiteOwner shall at all times be at liberty without restraint or encumbrance to refuse use of the Services and/or the Website to any person or entity without giving an explanation for such refusal. Such right of refusal on the part of the SiteOwner may be exercised before or after the Registered User places an order with the SiteOwner in respect of the Services.
In the event the refusal of service is after the placement of an order by the Registered User, the SiteOwner shall give the Registered User a refund provided always that the order has not already been executed and/or performed, in part or in whole. The giving of such refund on the part of the Registered User shall be an act of courtesy and good customer service and shall not be interpreted in any way whatsoever as an admission of fault, responsibility and/or guilt for any purpose whatsoever. Where the Service has already been performed, in whole or in part, the SiteOwner shall be entitled to retain any payment by the Registered User in respect thereof on a pro-rated basis.
8. Online Store
- 8.1 One of the Services offered by the SiteOwner on the Website is an online store through which Employers can purchase various tier plans allowing an Employer to access and use the Services and to post their job vacancies.
8.2 The display of items for sale on the Website does not constitute an offer for sale by the SiteOwner. The display of such items is a non-binding invitation to The Employer to submit an offer to purchase an item through the submission of an order for an item to the SiteOwner.
By pressing the appropriate link , the Employer sends a legally binding offer to the SiteOwner to purchase the item(s) in their cart. Once submitted, the Offer may be accepted or rejected at the sole and absolute discretion of the SiteOwner notwithstanding that the Employer may have already paid for the item(s) he/she/it intends to purchase by making the Offer. The Employer may withdraw the Offer at any time prior to the Offer being accepted by the SiteOwner.
The Offer shall be deemed to have been accepted by the SiteOwner when the SiteOwner dispatches to the Employer an email confirming receipt of the Offer and confirming acceptance thereof. Once the Offer has been accepted by the SiteOwner, the Employer may not withdraw it except with the written agreement of the SiteOwner, which agreement shall be at the sole and absolute discretion of the SiteOwner.
Unless indicated otherwise, the effective date for the Purchase Agreement between the Employer making the Offer and the SiteOwner shall be date on which the SiteOwner sends the confirmation email to the Employer.
- 8.3 The SiteOwner requires payment in full for Purchased Item(s) prior to acceptance of the Offer and delivery. The Employer shall use one of the payment channels provided by the SiteOwner on the Website to pay for the Purchased Item(s).
- 8.4 Acceptance of the Offer by the SiteOwner shall at all times remain conditional on the SiteOwner receiving payment from the Employer for the Purchased Item(s) and such payment shall be deemed to have been made when the SiteOwner receives free and clear funds into its account(s) relating to the payment channel selected by the Employer for making payment. Until payment for the Purchased Item(s) by the Employer is received by the SiteOwner, the SiteOwner shall at its sole and absolute discretion be at liberty to cancel the transaction with the Employer.
- 8.5 All prices displayed on the Website, are stated exclusive of VAT, GST and other taxes of any kind and any other transaction charges that may apply.
- 8.6 The SiteOwner reserves the right at all times to change the provisions of this Clause without giving any prior notice to Users and the onus shall be on Users to check the provisions of this Clause and this TAC as a whole prior to placing an order provided always that any orders placed by Purchasers prior to the Changes being implemented shall not be affected by such changes.
- 8.7 In the event of a conflict between the provisions of this Clause and the remainder of the TAC, the provisions of this Clause shall prevail but only insofar as such conflict relates to the Purchased Item(s) and matters relating thereto, including, but limited to, payment and delivery.
- 8.8 The place of performance as regards payment and delivery shall be Malta unless expressly indicated otherwise by the SiteOwner notwithstanding that the actual place for payment and delivery occurred at some other place.
- 8.9 The operation of the United Nations Convention on Contracts for the International Sale of Goods, if applicable to transactions on the Website, is expressly excluded and the courts of Malta shall have jurisdiction in all instances and in all matters.
9. No Guarantee Of Success
The Services are provided by the SiteOwner on a best efforts basis and the SiteOwner makes no guarantee, undertaking or representation of any kind that an Employer will successfully fill any vacancy that is listed on the Website or that a JobSeeker will be offered any employment as a result of responding to any vacancies listed on the Website.
10. Right To Refund
Any Registered User who makes a purchase online purchase is entitled to a refund under certain circumstances as provided by Maltese Consumer Law and GDPR. As the SiteOwner primarily supplies Services and not tangible products on the Website, a Registered User who has made a purchase on the Website is only entitled to a refund in the following circumstances:
- the SiteOwner has not exercised reasonable due care and skill in providing the Services;
- the Services offered are not fit for the purpose for which they are offered; and
- the Services are not delivered within a reasonable time.
If You do wish to make a claim for such a refund, You must give the SiteOwner a written notice within fourteen (14) days of purchase requesting a refund stating your reasons. On receipt of your written notice, the refund claim will be processed within fourteen (14) calendar days. Payment(s) will only be refunded if in the sole opinion of the SiteOwner such a refund is merited and a refund will only be made to the source from which the claimant’s payment.
11. Obligations Of Users
11.1 With the exception of social media sharing purposes using the features provided on the Website, Users are bound not to distribute, modify, recreate, reverse engineer, create derivative works from, transfer, or sell any information obtained from the Website.
With the SiteOwner’s prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted under any circumstances.
11.2 The User agrees not to access (or attempt to access) the Website or Services by any means other than through the interface that is provided by the Website. Use by any User, whether directly or indirectly, of spiders, robots, deep-links or other software, algorithms, automatic devices or other methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or content on the Website is expressly prohibited.
It is also expressly prohibited to reproduce or circumvent in any way the navigational structure or presentation of the Website, materials or any content on the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
- 11.3 The SiteOwner has no obligation, to monitor the usage of the accounts of Registered Users who shall at all times and for all purposes REMAIN SOLELY RESPONSIBLE FOR THE USAGE OF THEIR ACCOUNTS.
- 11.4 Users shall not in any way engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services.
- 11.5 It shall be a violation of this TAC to use any information obtained from the Website in order to harass, abuse, or harm another person. The SiteOwner can (and You hereby expressly authorise the SiteOwner to) disclose any information about Users to law enforcement or other government officials as the SiteOwner, in its sole discretion, believes necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury or which involve persons under the age of 18. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
11.6 The SiteOwner shall be under no obligation to monitor the materials posted on the Website and shall have the right to remove or edit any content that at its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this TAC. Notwithstanding this right of the SiteOwner, USERS REMAIN SOLELY RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED ON THE WEBSITE THROUGH THEIR ACCOUNT.
In no event shall the SiteOwner assume or have any responsibility or liability for any content posted by a User or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website. The User hereby represents and warrant that he/she/it has all necessary rights in and to all content posted by them on the Website, and all information it contains, and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.
12. Disclaimer Of Warranties And Liabilities
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, THE USER EXPRESSLY AGREES THAT THE PRINCILE OF ‘CAVEAT EMPTOR’ SHALL APPLY IN EVERY RESPECT AND TO EVERY PART OF THE WEBSITE AND THE ENTIRETY OF ITS CONTENT FROM TIME TO TIME AND THIS TAC.
THE SERVICES, CONTENT AND OTHER MATERIALS ARE PROVIDED ON THE WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR PURPOSE, AS TO MERCHANTABILITY OF ANY ITEM OR SERVICE, AS TO TITLE AND USERS USES THE SERVICES AND THE WEBSITE ENTIRELY AT HIS/HER/ITS OWN RISK. THE SITEOWNER EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED.
ANY OTHER WARRANTY OR REPRESENTATION THAT MAY ARISE IN ANY JURISDICTION THROUGH THE OPERATION OF LAW AND ANY WARRANTIES AND/OR REPRESENTATION IN RESPECT OF BUT NOT LIMITED TO THE FOLLOWING ARE EXPRESSLY DENIED BY THE SITEOWNER:
- YOUR PURPOSE(S) IN VISITING THE WEBSITE WILL BE MET, IN FULL OR IN PART;
- THAT THE SERVICES PROVIDED BY THE SITEOWNER WILL IN ANY WAY BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT THEY WILL BE PROVIDED IN ACCORDANCE WITH ANY INDICATED SCHEDULE;
- THAT ANY INFORMATION, RESULTS OR MATERIAL SECURED BY THE USER ON OR THROUGH THE WEBSITE WILL IN ANY WAY BE RELIABLE, ERROR FREE OR EFFECTIVE;
- THAT THE SITEOWNER WILL PROVIDE MAINTENANCE AND/OR UPDATES IN RESPECT OF ANY ERRORS OR DEFECTS IN THE WEBSITE OR ANY OTHER SUPPORT OR MAINTENANCE;
- THE SERVICE AND/OR THE WEBSITE IS IN ANY WAY LEGAL FOR USE IN THE JURISDICTION OF ANY USER;
- THAT ANY ITEM SAVED BY A USER ON THE SITEOWNER’S SERVER SHALL CONTINUE TO BE AVAILABLE TO THE USER ON A CONTINUOUS BASIS OR THAT IT WILL BE RETAINED FOR ANY GIVEN PERIOD OF TIME AND SUCH SHALL INCLUDE, BUT NOT LIMITED TO, INFORMATION OF ANY KIND, DATA, VIDEOS, IMAGES, SOFTWARE OF ANY TYPE OR OTHER INFORMATION OR ITEM OF WHATEVER NATURE SAVED BY THE USER;
- IN RESPECT OF ANY CONTENT, IN WHOLE OR IN PART, OF ANY THIRD PARTY WEBSITE AND/OR SOCIAL MEDIA PLATFORM THAT MAY BE LINKED, REFERENCED, ADVERTISED OR PROMOTED IN ANY WAY WHATSOEVER ON THE WEBSITE;
- ANY PRODUCTS OR SERVICES ADVERTISED BY ANY THIRD PARTY ON THE WEBSITE;
- ANY INJURY A USER MAY SUFFER, WHETHER TO PERSON, PROPERTY OR OTHER LOSS OF ANY TYPE WHATSOEVER AS A RESULT OF VISITING OR USING THE WEBSITE IN ANY WAY WHATSOEVER AND/OR RELYING ON AND/OR TAKING ACTION ON ANY ITEM, INCLUDING BUT NOT LIMITED TO ANY, INFORMATION, IMAGE, VIDEO, SOFTWARE, FOUND ON THE WEBSITE IRRESPECTIVE OF WHETHER SUCH ITEM WAS POSTED BY THE SITEOWNER, OTHER USERS OR SOME UNAUTHORISED THIRD PARTY;
- ANY LOSS OF ANY ITEM, INCLUDING BUT NOT LIMITED TO ANY PERSONAL AND/OR CONFIDENTIAL INFORMATION, IMAGES, VIDEOS OR SOFTWARE, AS A RESULT OF ANY UNAUTHORIZED ACCESS OF A USER’S ACCOUNT AND/OR THE SITEOWNER’S SERVERS;
- ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, TRACKERS AND OTHERS OF THE LIKE THAT MAY BE TRANSMITTED AND/OR DOWNLOADED TO DEVICE(S) OF USERS FROM AND/OR THROUGH THE WEBSITE AND/OR THE SITEOWNER’S SERVERS; AND
- ANY INTERRUPTION AND/OR DISRUPTION OF ANY TRANSMISSION OF ANY INFORMATION OF WHATEVER NATURE, IMAGES, VIDEOS, SOFTWARE FROM THE WEBSITE AND/OR THROUGH THE WEBSITE.
THE SITEOWNER SHALL HAVE NO LIABILITY WHATSOEVER IN RESPECT OF THE FOREGOING AND IN RESPECT OF ANY ITEM NOT EXPRESSLY STATED HEREIN AND WHICH IS A PART OF THE WEBSITE IN ANY WAY AND SUCH LIABILITY IS EXCLUDED BY THE SITEOWNER TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS.
THE FOREGOING EXCLUSIONS SHALL APPLY WHETHER ANY RIGHT OF A USER ARISES OUT OF INTELLECTUAL PROPERTY RIGHTS, PRIVACY, PUBLICITY, OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY CONTENT OF THE USER, WHETHER POSTED BY THE USER OR SOME THIRD PARTY.
BY CONTINUING TO USE THE WEBSITE, THE USER EXPRESSLY INDICATES THAT HE/SHE/IT UNDERSTANDS AND AGREES THAT ANY AND ALL MATERIAL OR DATA DOWNLOADED OR OTHERWISE FOUND THROUGH THE WEBSITE IS DONE SO ENTIRELY AT THE USER’S OWN DISCRETION AND RISK AND THE WEBSITE AND THE SITEOWNER ACCEPT NO LIABILITY WHATSOEVER FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION OF WHATEVER NATURE PROVIDED TO THE USER WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
NO INFORMATION, IMAGES, GRAPHICS, VIDEOS (OF ANY TYPE) PROVIDED AND/OR POSTED ON THE WEBSITE BY THE SITEOWNER AND/OR ANY OTHER PARTY SHALL IN ANY WAY BE INTERPRETED AS THE GIVING OF ADVICE AND/OR A CALL TO ACTION. ANY AND ALL POSTINGS ON THE WEBSITE ARE FOR INFORMATION PURPOSES ONLY AND USERS MUST EXERCISE THEIR OWN DISCRETION AS TO HOW THEY WISH TO USE SUCH INFORMATION.
WHERE A USER IS REDIRECTED TO THE WEBSITE OF THE EMPLOYER AND/OR A THIRD PARTY, ALL INTERACTIONS THAT TAKE ON THE EMPLOYER’S OR THE THIRD PARTY WEBSITE ARE A MATTER BETWEEN THE JOBSEEKER AND THE EMPLOYER AND/OR THIRD PARTY AND THE SITEOWNER SHALL NOT IN ANY WAY BE LIABLE OR RESPONSIBLE FOR SUCH INTERACTIONS AND THE SITEOWNER SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY OF ANY KIND THAT THE JOBSEEKER MAY INCUR OR SUFFER AS A RESULT OF THE REDIRECTION TO EMPLOYER’S AND/OR THE THIRD PARTY WEBSITE. THE JOBSEEKER HEREBY EXPRESSLY AND IRREVOCABLY UNDERTAKES TO THE SITEOWNER THAT HE.SHE SHALL PERFORM HIS/HER OWN DUE DILIGENCE BEFORE USING THE EMPLOYER’S OR THE THIRD PARTY WEBSITE.
ANY ACTION TAKEN BY USERS AND/OR REFRAINED FROM TAKING ARE ENTIRELY AT THE USER’S DECISION AND ANY HARM, INJURY OR LOSS THE USER SUFFERS AS A RESULT IS ENTIRELY THE USER’S OWN RISK AND RESPONSIBILITY AND THE SITEOWNER SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR SUCH HARM, INJURY OR LOSS.
13. Indemnification And Limitation Of Liability
THE USER HEREBY AGREES UNCONDITIONALLY AND IRREVOCABLY TO INDEMNIFY AND HOLD HARMLESS THE WEBSITE AND THE SITEOWNER, ITS SUCCESSORS AND ASSIGNS, AND ITS DIRECTORS, SHAREHOLDERS, OFFICERS AND EMPLOYEES FROM AND AGAINST ANY AND ALL ACTIONS BROUGHT BY ANY THIRD PARTY AND ANY ARISING LOSSES, LIABILITIES, COSTS AND OTHER EXPENSES OF WHATEVER NATURE, INCLUDING BUT NOT LIMITED TO, REASONABLE ATTORNEY FEES, WHERE SUCH ACTION ARISES FROM:
- THE ACTIVITIES OF THE USER ON THE WEBSITE;
- A VIOLATION BY THE USER OF ANY TERMS OF THE LICENSE GRANTED BY THE WEBSITE AND THE SITEOWNER;
- CONTENT POSTED BY THE USER ON THE WEBSITE;
- ANY CONTENT OR MATERIAL TRANSMITTED BY THE USER THROUGH THE SERVICES IN VIOLATION OF ANY LAWS AND/OR REGULATION OR INFRINGES THE RIGHTS OF ANY THIRD PARTY OR THEIR RIGHT TO PRIVACY; AND/OR
- A BREACH OF ANY OF THE TERMS AND CONDITIONS OF ANY EMPLOYER AND/OR THIRD-PARTY WEBSITE TO WHICH THE USER IS REDIRECTED TO THROUGH A LINK PROVIDED BY THE WEBSITE AND THE SITEOWNER.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS TAC, THE USER EXPRESSLY AGREES THAT THE LIMIT OF THE WEBSITE’S AND THE SITEOWNER’S LIABILITY TO THE USER IN ANY DISPUTE SHALL BE THE VALUE OF ANY PURCHASE MADE BY THE USER THROUGH THE USE OF THE SERVICES AND IF NO PURCHASE IS MADE , LIABILITY SHALL BE LIMITED TO €1.00.
THE USER EXPRESSLY ACKNOWLEDGES THAT THE WEBSITE AND THE SITEOWNER SHALL NOT BE LIABLE TO HIM/HER/IT IN RESPECT FOR ANY OTHER LOSS OR HARM, ECONOMIC OR OTHERWISE, HOWEVER SUFFERED, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL , SPECIAL OR PUNITIVE DAMAGES FOR ANY PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE AND/OR PROFITS, LOSS OF SAVINGS, LOSS OF GOODWILL AND/OR REPUTATION, LOSS OF DATA AND/OR INFORMATION OF ANY TYPE, BREACH OF CONTRACT, NEGLIGENCE OF ANY NATURE
FURTHER, THE USER EXPRESSLY AGREES THAT THE WEBSITE AND THE SITEOWNER SHALL NOT BE LIABLE TO HIM/HER/IT FOR ANY EQUITABLE AND/OR LIQUIDATED DAMAGES OF WHATEVER NATURE FOR ANY LOSS HOWSOEVER ARISING.
THE USER EXPRESSLY ACKNOWLEDGES THAT THE EXCLUSION OF LIABILITY BY THE WEBSITE AND THE SITEOWNER FORMS A FOUNDATION OF THE BASIS ON WHICH THE WEBSITE AND THE SITEOWNER GRANTS YOU A LICENCE TO USE THE WEBSITE ON THE TERMS AND CONDITIONS SET OUT IN THE TAC. IF THE USER IS IN ANY WAY DISSATISFIED WITH THE WEBSITE’S AND THE SITEOWNER’S LIMITATION OF LIABILITY AS EXPRESSED IN THIS CLAUSE SPECIFICALLY AND THIS TAC GENERALLY, THE USER MUST IMMEDIATELY TERMINATE HIS/HER/ITS ACCOUNT AND STOP USING THE SERVICES AND THE WEBSITE.
14. Hosting Of Third Party Information
The Website may from time to time host information provided by third parties that is intended for informational purposes only. The SiteOwner is in no way responsible to Users for the accuracy and legitimacy of the information so hosted. The SiteOwner will use take reasonable care to ensure such accuracy but, Users agree to not hold the SiteOwner liable for the falsification of any such provided information nor for the negligence of the third party in preparing the posting. The User is responsible for evaluating and assessing the accuracy, completeness, and usefulness of any opinion, advice or other content available through the Website or obtained from a linked site.
15. Viruses And Worms
The SiteOwner will make reasonable attempts to clear the Website of viruses and worms but cannot ensure that the Website will be at all times free from viruses, worms, malware, extortionware or other destructive software or software of a criminal nature. Users are urged to take appropriate safeguards before downloading any information from the Website. We accept no responsibility for any damage to computer equipment, data storage devices, data, images, videos, software or other property of Users which may result from use of the Website or downloading anything from the Website.
Registered Users expressly and irrevocably agree to receive communications in any form whatsoever from the SiteOwner in relation to the Services, the Website, orders, offers, promotions and marketing materials from the SiteOwner. The User may opt out of receiving marketing material at any time by giving written notice to the SiteOwner by way of an email directed to email@example.com. Your email should give details of the email address You wish to have removed from our database and should state clearly that You are the registered owner of the email address in question. You must also provide us with your street address and telephone number so that we can manually confirm your identity. Your details will be deleted from our marketing database as soon as the identity verification is completed.
17. Disclosure Of Identity To Copyright Claimants
The SiteOwner at all times retains the right to disclose your identity to any third party who claims that You have violated their rights and or intellectual property or their right to privacy by posting the said information or other material provided always that any party making such a claim shall provide the SiteOwner with sufficient information and evidence supporting their claim and the sufficiency of such information and evidence shall at all times be at the sole and absolute discretion of the SiteOwner.
18. License To Use The Website And The Services
- 18.1 Subject to the terms and conditions set our herein, the SiteOwner hereby grants Registered Users over the age of 18 a non-exclusive license to use the Services and the Website purely for the purpose of posting employment vacancies and applying for such vacancies and directly related activities. The license granted by the SiteOwner to Registered Users is non-exclusive and limited in nature and is personal to Registered Users and shall not under any circumstances be transferable in any way. Aside from this limited license Registered Users shall not under any circumstances be entitled to any other use of the Services and/or the Website.
- 18.2 Subject to Clause 18.1, Registered Users shall not use the Services and the Website for any commercial use, sexual or racial harassment, bullying, immoral use, illegal use (in any jurisdiction), conspiracy to commit crimes and/or acts of terrorism, gambling or any other use which the SiteOwner shall in its absolute discretion deem to be nefarious, obnoxious or objectionable or which could render the SiteOwner in danger of criminal and or civil liability in any jurisdiction and/or which could damage the reputation of the SiteOwner or its commercial and economic viability.
- 18.3 the SiteOwner makes no grant of any implied license or other implied rights of any kind whatsoever for the use of the Services and the Website, whether temporary or permanent.
19. Term Of License And Termination
19.1 The term of the License for non-Registered User commences at the time the User starts to use the Website on each visit and the License shall continue until such time that the User exits the Website or the SiteOwner otherwise terminates the License at it sole and absolute discretion.
The term of the License for Registered User commences at the time the Registered User completes the registration of his/her/its account and shall continue until such time that the account of Registered Users continues to be validly functioning.
19.2 The SiteOwner may at any time and at its sole and absolute discretion terminate or suspend the account of a Registered User if in the opinion of the SiteOwner the Registered User has breached any term of this TAC and/or whose conduct has brought disrepute to the SiteOwner and/or the Website or has in any way harmed the business and/or the goodwill of the SiteOwner and/or the Website and the SiteOwner shall be under no obligation whatsoever to provide the Registered User with an explanation for such termination and/or suspension but may do so as a matter of courtesy.
The termination and/or cancellation shall be effective immediately on sending notice of SiteOwner’s decision to the Registered User at the last provided email address by the Registered User. Upon such termination and/or suspension, the SiteOwner shall be at liberty to recover from the Registered User damages in respect of any conduct and/or actions by the Registered User leading to the termination and/or suspension.
On termination of the account of the Registered User, any information, images, videos or other content of whatever nature shall no longer be accessible to the Registered User in any way and the SiteOwner shall not be liable to the Registered User in any way whatsoever for the inaccessibility and/or loss of all such information.
On termination of the account, the Registered User hereby expressly agrees not to register or attempt to register for another account on the Website.
20. Content Posted By Users On The Website
Users hereby warrant to the SiteOwner as follows:
- That the SiteOwner will not be required to pay any royalties in respect of any of the User’s content and will not need to seek any licenses, approvals or consents from any party in respect of the contents;
- That the contents do not contain any of the information prohibited by this TAC;
- The content posted by the User does not infringe any third party rights, their intellectual property or their right to privacy; and
- The content posted by the User conforms and complies with all the laws of the User’s jurisdiction.
21. Security Of The Website And Risk
The SiteOwner does not in any way, expressly or otherwise, guarantee the security of the Website to the User and does not undertake or warrant to the Registered User that his/her/its account will not be accessed by a third party and the Registered User shall at all times be responsible for the security of his/her/its information and bear the risk associated with such information being accessed by a third party.
In the event of any dispute between the SiteOwner and the User, both parties hereby expressly and irrevocably agree that such dispute shall be settled exclusively by way of arbitration and that they shall jointly agree to appoint an arbiter located in Malta for this purpose. In the event that the SiteOwner and the User are unable to decide on a mutually acceptable arbiter, the selection of the arbiter shall be made by the President/Chairman for the time being of the Malta Arbitration Centre. The basis of the arbitration shall be based on the laws and regulations relating to arbitration that shall be effective from time to time in Malta unless agreed to in writing otherwise by the SiteOwner and the User and it is expressly agreed that the arbitration laws and regulations in any and all other jurisdictions is/are expressly excluded.
The decision of the arbitrator shall be final and binding on the SiteOwner and the User provided always that the arbitrator shall not make any decision or award that would change, cancel, rescind any provision of this TAC and any decision or award shall be consistent with provisions and intent of this TAC.
In any event, a User shall not be at liberty to raise any dispute in respect of any order until the lapse of thirty (30) clear days from the placement of the order.
All information relating to any disputes between the SiteOwner and the User, whether in arbitration or not, shall be confidential and the parties shall not disclose such information to any third party on any basis except as specifically required by the arbitration proceedings.
The User shall not assign his/her/its rights and obligations under the TAC without the express prior written consent of the SiteOwner.
Any waivers and/or indulgences extended by SiteOwner to Users shall not prejudice and/or restrict the rights and remedies of the SiteOwner and no waiver in respect of any breach shall operate as a waiver in respect of any subsequent breach. Any failure or delay by the SiteOwner in exercising any accrued right and/or remedy shall not operate as a waiver, implied or otherwise, of such right or remedy, nor shall any singular or partial exercise or waiver of any right and/or remedy shall prejudice its further exercise or the exercise of any other right and/or remedy.
If any part or parts of this TAC is/are found to be unenforceable or invalid by any court of competent jurisdiction, such term or terms shall be severed from the TAC as if they had not been included in the TAC from its inception and the remaining terms shall continue to be enforceable and valid.
The SiteOwner’s rights and remedies pursuant to this TAC are cumulative and not exclusive.
The SiteOwner shall at all times retain the right to monitor the access of Users to the Website to collect any data and information for the purpose of ensuring your compliance with the TAC and or the relevant laws or an order of a competent court or a government body.
28. Disclosure Of The User’s Personal Information
- 28.1 The SiteOwner will not at any time disclose the personal information of the User except pursuant to a valid court order and/or search warrant. In such event, unless restrained otherwise by the court order and/or search warrant, the SiteOwner shall give written notice to the User of such disclosure of information and the circumstance thereof and such notice will be sent by email to the User’s last provided email address.
- 28.2 The SiteOwner shall at all times be at liberty to use your personal information in anonymous form for the purpose analysing the performance of the Website. The analysis may be carried out by a third party contractor. The third party will receive your data in anonymous form and will be under a contractual obligation not to make any unauthorised use of your personal information or to disclose it to any other party except without the prior written permission of the SiteOwner. Permission will only be given if the participation of a further party is required to complete the analysis required by the SiteOwner and will also be under a contractual obligation not to disclose your personal information or to make any unauthorised use of it.
29. Mergers And Acquisitions
If the SiteOwner and/or its assets, including but not limited to, the Services and the Website and all intellectual property relating thereto, are purchased by a third party, in whole or in part, the SiteOwner shall at all times retain the right to transfer the personal details of Users and all information relating to and/or provided by Users to the Buyer.
30. Third Party Websites And Applications
The SiteOwner provides links to the websites of Employers and may provide links to services provided by third parties on their respective applications and websites. The SiteOwner has no control or influence on the operation and/or content of these Employers and third party application and websites. Accordingly, Users who elect to follow these links do so absolutely at their own risk.
In using the Website, Users may elect to connect their account with one or more of your social media accounts through applications provided by such social media organizations. You should be aware that such applications may gather information about You, your use of the Website, your profile and your content. If You make such connections to your account, You expressly agree to the following:
- Connections to such application are made entirely at your own risk and You will hold the SiteOwner and all its stakeholders harmless against any loss, economic or otherwise that You may suffer;
- That You will indemnify the SiteOwner against any loss that it might suffer as a result of You making connections to such applications;
- You consent to the sharing of any and all information that such applications may harvest on You;
and this TAC does not in any way whatsoever create or bestow any rights and/or benefits in favour of any third party.
31. Third Party Intellectual Property And Copyright Claims
The SiteOwner respects the intellectual property of all third parties and all Users of the Website and the Services are required to do the same. Users shall ensure at all times that they do not infringe upon the intellectual property and copyright of any third party.
In the event that the SiteOwner discovers that Users have made use of third party intellectual property and/or copyright without the necessary consents, the SiteOwner will take all such steps as are necessary to remove the offending items from its servers in accordance with the DMCA. The SiteOwner will also remove the offending items if it receives a DMCA Takedown Notice or is otherwise notified in writing together with the details of the claim to the intellectual property and/or copyright. The SiteOwner may at its absolute discretion terminate the account of a Registered User if the non-authorised use of third party intellectual property and/or copyright is repeated.
The SiteOwner may from time to time feature advertising on the Website and such advertising may feature links to third party websites. If You follow such links, You do so absolutely at your own risk and You shall hold the SiteOwner and all its stakeholders harmless against any loss, economic or otherwise that You may suffer as a result of following such links. The manner, placement and nature of the advertising shall be at the absolute discretion of the SiteOwner and it may change from time to time and the SiteOwner may not specifically identify paid and sponsored content and placements to You and You expressly consent to the presence of such advertising.
33. Request To Delete Information
The Registered User may submit a request in writing at any time for private information to be removed from the SiteOwner’s database. The SiteOwner shall process such written notification from the Registered User within thirty (30) clear days from the receipt of such notice provided always that all Order IDs and any personal details attached thereto will not under any circumstances be deleted, removed and/or amended in any way whatsoever. Your written request should be by way of an email directed to firstname.lastname@example.org. Your email should give details of the private information You wish to have removed and your full details and contact telephone number for identity verification purposes.
34. Personal Injury Liability
The SiteOwner shall not in any way whatsoever be liable to any User who suffers any personal injury of whatever nature as a result of using the Services and/or the Website. In particular, but not limited to, the SiteOwner shall have no liability of whatever nature to any User who secures any employment through the use of the Services and suffers injury, disability of any kind or death from and/or during the pursuit of such employment.
The SiteOwner provides access to the Website on a best efforts basis. The SiteOwner does not in any way, expressly or impliedly, represent or undertake to Users that the Website will be online at all times. In the event that the Website goes offline for any reason whatsoever, the SiteOwner shall not in any way be liable to a User for any losses and/or damages suffered or incurred by the User as a result of the Website being offline.
36. Privacy and Cookies Policy
In the course of a User’s use of the Services and the Website, we collect information on Users. Some of this information is personally identifiable information relating to your identity, for example the information You provide us when You register an account on the Website. This information is captured, processed and stored in accordance with our Privacy and Cookies Policy which can be viewed [here]. Our Privacy and Cookies Policy forms an integral part of this TAC and the two documents should be read in conjunction with each other. By using the Services and the Website You expressly agree to the SiteOwner collecting and processing personal information on You.
37. Governing Law
This TAC shall be governed solely by the laws of Malta. The laws and regulations of any other jurisdictions are expressly excluded notwithstanding that the Users may be resident in jurisdictions other than Malta.
38. Use Outside Jurisdiction
- 38.1 The Website and the Services are for all purposes domiciled in Malta. The SiteOwner does not grant access to the Website and the Services to any Users who are located in any jurisdictions where it would not be legal, whether by national or international law, for the use of the Website and the Services.
- 38.2 If You are located outside of Malta the Website and the Services may not be suitable for You and the SiteOwner makes no representations in this respect. The onus shall be on Users to determine whether they are entitled to access the Website and the Services from their respective jurisdictions.
- 38.3 In using the Website and/or the Services, Users represent to the SiteOwner that they made the necessary checks to determine that they are entitled to use the Website and/or the Services in their respective jurisdictions.
39. Successors And Assigns
This TAC and the agreement within it in respect of the terms and conditions set out herein shall be binding on and shall enure to the benefit of both parties and their respective successors and, heirs, executors and permitted assigns.
Users hereby expressly consents to receiving any and all notices from the SiteOwner by electronic means and the SiteOwner shall give notices to Users by means of an email addressed to the User at the last email address provided by the User to the SiteOwner and/or posting a notice on the Website. Support inquiries can be sent to the SiteOwner at email@example.com and notices of a legal nature may be sent to the SiteOwner at firstname.lastname@example.org.
41. Modifications And Amendments TAC
The SiteOwner reserves the right to modify and amend the TAC as it sees fit and at its sole and absolute discretion. Such amendments and modification shall become effective immediately on the new TAC being posted on the Website. Any use by Users of the Services and the Website after any modification or amendment of the TAC is effective shall be taken as an express agreement by Users to the amended TAC. It shall be the sole responsibility of Users to review the TAC posted on the Website from time to time. Users should review any modifications and amendments and Users expressly acknowledge and accept such responsibility. If Users do not agree to the modifications and amendments, Users should immediately stop and refrain use of the Services, the Website and Registered Users should immediately cancel his/her/its account.
42. Force Majeure
The Services offered by the SiteOwner on the Website shall at all times and for all purposes be on a best efforts basis and shall not in any way be taken to be or interpreted to be on a guaranteed basis. In the event the SiteOwner is unable to perform any obligations hereunder or any operations or to provide any service(s) due to any reason beyond the SiteOwner’s control, including but not limited to fire, earthquake, flood, epidemic, pandemic, natural catastrophe, accident, riots, civil disturbances, industrial dispute, act of public enemy, embargo, war, act of God or any failure or disruption to telecommunication, electricity, water, fuel supply or any factor in the nature of a force majeure, the SiteOwner shall not in any way be liable for any failure on its part to perform such obligations or for any inconvenience, loss, injury, damages suffered or incurred by Users arising from the same.
43. GDPR compliance statement
The SiteOwner respects and complies with GDPR. Some of the primary measures taken by the SiteOwner to comply with GDPR are as follows:
- Data Controller
We may if necessary, process your personal data for certain internal purposes as a Data Controller, for examples to comply with our legal obligations, billing purposes and other administrative support functions. We may also process the information for the purposes of marketing our products and services to our existing customers. Except for services like Google Analytics and Mailchimp, we do not use the services of third party contractors this time we do not make use of the services of any third party contractors to process your data. If this changes in the future, all third party contractors will be under a contractual obligation to maintain the security of your personal data and not to use it for any purposes not authorised by the SiteOwner.
We ask that You actively consent to any contact from us and we explain clearly what You are consenting to. You have the right to withdraw any consent you give us at any time and you can do so without fear of any repercussions of any kind. We will however cease to provide the service(s) for which You withdraw you consent. You may withdraw your consent by sending us an email stating what consent you wish to withdraw. Your withdrawal of consent will be implemented within thirty (3) days of days of your written notice.
- Breach Notification
In the event we are in breach of any term or condition, we will notify immediately as soon as we become aware of the breach. This, in particular, applies to any breach to security in relation to your personal information.
- Right to Access
Users have the right to request information as to whether personal data relating to them is being stored and processed, where it is being processed and for what purpose. You are entitled to request for a copy of your personal data retained by us and we shall provide You with a copy of the said information by way of email.
- Right to be Forgotten
You have a right to request for your personal data retained by us to be deleted. Where possible, we will endeavor comply with your request within thirty (30) days of receiving it. However, in certain instances we would not be able to comply with your request. For example, where the law requires us to retain the data or where we have to retain some of your personal data for our accounting and taxation purposes;
- Data Portability
You have a right to deal with your personal data as You see fit. At your request, we will provide You with a copy of your personal data.
The SiteOwner has implemented appropriate technical and organizational measures to comply with GDPR regulations and to protect your personal data. We hold and process only the absolutely necessary data to allow for the efficient running of our business and the Website and we limit access to your personal data to those who need to.
Where the SiteOwner processes any of your personal data for any reason whatsoever, the SiteOwner shall:
- require your written request where the processing to be performed is at your request;
- ensure that persons authorised to process the personal data are committed to confidentiality or are under an appropriate statutory obligation of confidentiality;
- take all measures as are required pursuant to Article 32 of GDPR for Security of Processing;
- respect the conditions referred to in paragraphs 2 and 4 of Article 28 of GDPR for engaging a Data Processor; and
- make available to You information necessary to demonstrate compliance with GDPR regulations.
44. CCPA Compliance
Since 1st January, 2020, the California Consumer Privacy Act (“CCPA”) afforded specific rights to consumers to ensure that their privacy and their personal data is protected. While our business does not fall within the ambit of the CCPA, we are choosing to comply with its requirements on a purely voluntary basis.
The rights conveyed by CCPA include the right to require businesses to disclose information about the collection and use of their personal information over the past 12 months. You may also ask us to delete any personal information that we collect from you. In the event that we decide to sell the personal information of our Users, which will never happen, you have the right to opt out of such sale. In the event that you exercise any of your rights conferred by CCPA, we are not allowed to discriminate against you for exercising your rights.
For the purposes of CCPA, the SiteOwner would be classified as a ‘Service Provider’. We operate a marketplace that allows Employers and Jobseekers to come together to fulfil a mutual need. In doing so, we collect information on our Users to facilitate the efficient functioning of our marketplace. We effectively collect the job vacancy information from would be employers and disseminate it to Jobseekers. At the same time, we collect information from our Jobseekers and disseminate it to the would be Employers to allow them to effectively make an assessment on the suitability of Users applying for the job.
Should You wish to delete any of your information we have collected, please send us a written request to email@example.com. We will assess your request and comply with it if the request does not wall within our exceptions to meet User CCPA requests. These exceptions mainly relate to legal and statutory regulations which require us to maintain certain User information. These usually relate to accounting and tax matters.
45. Entire Agreement
This TAC represents and constitutes the entire understanding and relationship between the SiteOwner and the User and it supersedes any and all prior understandings and undertakings between them.
Headings in this TAC are for convenience only and shall not be used in the interpretation of any provision or terms of this TAC.
You may contact the SiteOwner for any purposes at firstname.lastname@example.org.
48. Effective Date
This TAC is effective from [ ], 2020 and shall remain in effect until such time it is superseded.