These Terms for Employers (the “Hire Terms”) set out the information applicable to employers (the “employers”) who wish to use the Site
1. BY USING THE SITE YOU ACCEPT THESE TERMS
1.1 By using the Site, you confirm that you accept these Hire Terms and that you agree to comply with them.
1.2 If you do not agree to these Hire Terms, you must not use the Site.
1.3 We recommend that you print a copy of these Hire Terms for future reference.
2 THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
2.1 This Acceptable Use Policy refers to the following additional terms, which also apply to your use of the Site:
(c) If you are a jobseeker (a “Jobseeker(s)”), Our Jobseeker terms and conditions (the “Jobseeker Terms”), which sets out information applicable to Jobseekers.
3 WE MAY MAKE CHANGES TO THE TERMS OF THESE TERMS
We amend these Hire Terms from time to time. Every time you wish to use the Site, please check these Hire Terms to ensure you understand the terms that apply at that time. Please view the "Effective from" date at the top of these terms to see when it was last revised.
4.1 In these Hire Terms the following words shall have the following meanings:
(a) “Contract” the contract between Us and the Customer for the provision of Services governed by these Hire Terms and the documents referred to in them.
(b) “Contract Month” means, in respect of any Order Form relating to the provision of Services for a specified period of months, the calendar month commencing on the Start Date and ending on the day before the same date in the next calendar month. For example, the calendar month commencing on 24 February and ending 23 March;
(c) “Contract Term” means the full term of the Contract commencing on the Start Date and specified in the Order Form;
(d) “Customer” means any person, company, organisation or firm which purchases Services from Us;
(e) “Jobseeker Data” all data contained in the CV Database;
(f) “CV Database” means the database of Jobseekers which is accessible to Recruiter via the Site who enter into a Contract;
(g) “Order Confirmation” means an email from Us to you accepting your Order Form;
(h) “Order Form” means an order for Services on a form provided by Us (accessed by a Recruiter either online via the Site, by email or in person).
(i) “Services” means all recruitment services made available by Us from time to time; and
(j) “Start Date” means the date of commencement of the Services as specified in the Order Form.
5 METHODS OF CONTRACTING
5.1 The methods of contracting with Us for the Supply of Services are as follows:
Online via the Site. You can buy a job posting credit using the onsite order form and then apply the job credit to publish your job. Please follow the onscreen prompts to place an order.
6 BASIS OF CONTRACT
6.1 Contract. The contract between Us and you in respect of the Services (the “Contract”) shall comprise the Order Terms and these Hire Terms to the exclusion of all other terms and conditions. In the event of a conflict in terms between the Order Form and these Hire Terms, the documents shall rank in the following order of precedence: (i) Order Terms, (ii) these Hire Terms.
6.2 Correcting input errors. You are responsible for ensuring that your information is complete and accurate.
6.3 If We cannot accept your order. If We are unable to supply you with the Services for any reason, We will inform you of this by email and We will not process your order. If you have already paid for the Services, We will refund you the full amount.
7 OUR SERVICES
7.1 Provision of Services. After the Contract is formed, We will provide you with the Services from the Start Date.
7.2 Descriptions and illustrations. Any descriptions or illustrations on the Site are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.
7.3 Compliance with specification. Subject to Our right to amend the specification (see clause 7.4) We will supply the Services to you in accordance with the specification for the Services appearing on the Site at the date of your order in all material respects.
7.4 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
7.5 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
7.6 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
8 YOUR OBLIGATIONS
8.1 It is your responsibility to ensure that:
(a) your order data is complete and accurate;
(b) you co-operate with Us in all matters relating to the Services;
(c) you provide Us with such information and materials We may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; and
(d) you comply with all applicable laws.
8.2 If Our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in the clause 8.1 (“Your Default”):
(a) We will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve Us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle Us to terminate the contract under 20 TERMINATION;
(b) We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from Our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse Us on written demand for any costs or losses We sustain or incur arising directly or indirectly from Your Default.
9.1 We will not refund unused credits.
9.2 We will not expire credits so they can be used at any time. If we do have to expire them we will provide a full refund.
9.2 A job posted on the Site will remain live as agreed in the Order Form. Any extension of this time will be charged to the Customer as a new posting. Any jobs posted in addition to the agreed number of jobs per month will be charged at a price per job agreed with the Customer. A single job is identified by its unique ID number. If a Customer deletes a job and then either reposts it or posts another, this will be classed as two jobs.
9.3 If any Services to be used within any time period specified on the Order are not used within that period of time they may not be carried over into any subsequent period without Our prior written consent. The Customer will be responsible for payment for any unused Services.
9.4 A maximum of 25 credits may be purchased per day.
10 HOW TO PAY AND CREDIT TERMS
10.1 Payment for the Services is by online purchase by credit card.
10.2 We will send you an electronic invoice after receiving the online purchase. The invoice will be sent to the email address you provide.
11 JOB ADVERTISING
11.1 Job adverts go live after payment confirmation on the Site and the job advert has been screened.
11.2 For first time Customers who pay online via the Site, We need to carry out some security checks before jobs go live. If it is not possible to verify this from the information provided, We will contact Customers to request further information. This may delay the time it takes for jobs to go live.
11.3 You will be notified by email when your job adverts have gone live on the Site.
11.4 We have rules regarding the content and format of jobs posted on the Site. Their purpose is to ensure that users who search the Site get results which are presented as clearly and informatively as possible. You agree that We may, at Our discretion and without liability to you, remove from the Site any advertisement which is posted in breach of these rules:
11.5 The Rules are as follows:
(a) No duplicating of jobs at the expense of other employers jobs.
(b) No gratuitous use of keywords in job descriptions or job titles. “Gratuitous” means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.
(c) Job advertisements placed on the Site must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity'.
(d) URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the 'send an email' link and url linking is permitted from the 'apply online' link.
(e) Any advertising that uses the name or logo of the company being recruited for is subject to Our rates for such advertising as detailed above.
(f) Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. Advertisements are accepted by the Site on the basis that the Recruiter confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if We nonetheless believe that an advertisement may be discriminatory We may at Our discretion either amend the advertisement or remove it from the Site without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.
12 RESPONSES TO ADVERTISEMENTS
12.1 You agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring Us or the Site into disrepute. You will indemnify Us from and against any claim brought by an individual against the Site arising from your breach of this obligation or any other term of these Hire Terms.
12.2 We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that Jobseekers are suitable for the job advertised and have the required qualifications and personal characteristics.
12.3 As part of Our commitment to getting customers the best possible response, We reserve the right to amend some of the job details that you supply in order to optimise your advertisement.
13 THIRD PARTY SITES
Vacancies you post on the Site may also appear on third party recruitment web sites pursuant to agreements from time to time between Us and the proprietors of such web sites.
14 USE OF CV DATABASE - CV MATCHES
14.1 Rights in the CV Database. Database rights and all other applicable copyright and intellectual property rights in the CV Database belong to Us. You acknowledge that you do not acquire any rights in the CV Database or its content and that your retention and use of the CV Database and its content is governed by these Hire Terms.
14.2 Use of the CV Database. The material you are entitled to receive from the Site is determined by the service you have purchased from Us. On receipt of this material you may use:
(a) search or download it to your database using the CV Matchs system and its associated functions for the purpose of finding suitable Jobseekers for specific job vacancies that you or (if you are an employment agency or employment business) your client wish to fill;
(b) the information about the Jobseekers contained in the CV Database for the purpose of contacting them (either directly or through the Site depending on the product you have purchased) in relation to a specific job vacancy; and
(c) the information only in connection with your own recruitment-related activities.
14.3 You may not:
(a) Supply, sell or license material from the CV Database, or a copy of it, to any other person, including another member of your group of companies.
(b) Download, search or view the CV Database through any automated (e.g. ‘scraping’) process.
(d) Access Our CV Database from a system that is not fully patched or does not have industry standard AntiVirus software installed that is regularly updated.
14.4 The Use of CV Database is subject to our fair usage policy:
(a) We deem fair usage to be 250 CV downloads or 200 CVs received per our services per user per day. A day is considered a calendar day between the hours of 00:00:00 GMT and 23:59:59 GMT.
(b) We reserve the right to amend any fair usage limits that have been imposed without prior notification.
(c) We take any misuse of data, breach of a user's Contract or breach of any legal policy or regulations very seriously. We reserve the right to limit, suspend or cancel, without refund, access to the candidate CV database and associated services (including but not limited to Pay per View CV Search) if We, in our sole discretion, suspect the misuse of data by a user and/or the user has breached any of the terms of their Contract with Us. In addition, any such activity may result in legal action being taken by Us against the offending part.
16 APPLICATION DATA
16.1 When a Jobseeker submits a response to an advertisement, details of their application will be loaded to your account. Your account allows you to record notes against the application and track its progress (together with the details of their application, “Application Data”).
16.2 You acknowledge that We may delete such Application Data without notice to you in line with our general policies on retention and deletion of data relating to Jobseekers, including where the Jobseeker to whom the Application Data relates decides to delete his profile.
16.3 As a controller of Application Data, We will comply with Our responsibilities under the General Data Protection Regulation in respect of such notes, which may include disclosure of Application Data to the Jobseeker if the Jobseeker submits a request to access his data;
16.4 For the purposes of the General Data Protection Regulation you are a joint controller of Application Data held on your account. You agree you will be responsible for ensuring that any Application Data which you enter is accurate, deleting Application Data when you no longer require it, and responding in a timely fashion to any request from a Jobseeker seeking to exercise his rights under the General Data Protection Regulation, including requests which we receive and pass to you because we are not able to assess them, for example where a Jobseeker asks for inaccurate data to be corrected.
17 DELETION OF JOBSEEKER DATA
In average the search for a suitable Jobseeker is concluded within three months. Therefore you agree to collect consent for keeping the Jobseeker Data directly from the Jobseeker or otherwise delete this Data after a period of three months. This does not apply in case you have other legal ground to keep the Jobseeker Data.
18 DEALINGS WITH JOBSEEKERS
You agree to deal fairly and professionally with Jobseekers you may contact using information from the CV Database and not do anything which may bring Us or the Site into disrepute. You will indemnify Us from and against any claim brought by an individual against Us arising from your breach of this obligation or any other of these Hire Terms.
19 CUSTOMER SUPPLIED CONTENT
19.1 This section applies to all advertising campaigns (the “Campaigns”) and other material accepted by Us for display on any of Our websites. By placing any such material you accept these terms and conditions as principal, even if you are acting as agent or buyer for the third party advertiser.
19.2 We must receive the complete creative content for a Campaign in acceptable format at least two working days before 9am on the go-live date specified in your order. Otherwise, We may not be able to achieve the specified go-live date but you must pay the full amount set out in the order irrespective of whether any delivery target for impressions have been met.
19.3 To cancel or alter an order for a Campaign you must inform Us or email at the number or address on the order, at least two working days before 9 am on the go-live date specified in your order. Otherwise you must pay the full amount set out in the order, irrespective of whether any delivery targets for impressions have been met.
19.4 You are responsible for the content of material supplied by you and for ensuring that you have the right to supply it to Us and that it complies with all relevant legislation and codes of practice. If We receive complaints about any material or its content We may, at Our discretion, remove the material from display without reference or liability to you. You hereby indemnify Us against any claim that the material infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive.
19.5 If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is your responsibility to ensure the advertisements you place on the Site comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and all other applicable laws.
19.6 You are also responsible for fulfilling and dealing with any orders or enquiries relating to the goods or services to which a Campaign relates and you indemnify and hold Us harmless accordingly.
19.7 Where a Campaign is sold on a cpm basis, We will provide you with a password to enable you to monitor the number of impressions served in lieu of any other right of audit. You will not use the password, or the system to which it gives you access, for any other purpose.
19.8 Your sole remedy if We, or Our third party subcontractors who may host and serve Campaigns from time to time, make an error in displaying any Campaign is the cost of re-running the relevant Campaign. Neither We nor Our subcontractors shall be liable in any circumstances for any loss of profit or business.
20.1 Without limiting any of Our other rights, We may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in Our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
(f) Termination of the Contract will not affect your or Our rights and remedies that have accrued as at termination.
(g) Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
We may assign or subcontract any or all of our rights and obligations under this Agreement to a member of our Group of Companies. If we exercise our right to subcontract any or all of our obligations under this Agreement to a member of our Group, we will immediately resume the performance of such obligations on such company ceasing to exist.
22 EVENTS OUTSIDE OUR CONTROL
22.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract that is caused by any act or event beyond Our reasonable control (an “Event Outside Our Control”).
22.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under the Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
22.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact Us. If you opt to cancel We will refund the price you have paid, less the Charges reasonably and actually incurred by Us in performing the Services up to the date of the occurrence of the Event Outside Our Control.
23 LICENSE TO USE CUSTOMER’S NAME TRADEMARKS AND LOGOS
The Customer grants to Us a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to use the Customer's name, trademarks and logos (the “Customer IP”) for the purposes of providing the Services and in Our marketing materials (including, but no limited to, websites and brochures) and that We may present examples of the services provided to and the materials published on behalf of Customer.
24 LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
24.1 Nothing in the Contract limits or excludes Our liability for:
(a) death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
24.2 Subject to clause 24.1, We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
Subject to clause 24.1, Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited of the total Charges paid under the Contract.
Except as expressly stated in these Terms, We do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
Nothing in these Hire Terms limits or affects the exclusions and limitations set out in Our Terms & Conditions.
This clause 24 will survive termination of the Contract.
25 WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
These Hire Terms, their subject matter and its formation are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by JobSwipe, unless you have been specifically allowed to do so in a separate agreement with JobSwipe. You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website). Unless you have been specifically permitted to do so in a separate agreement with JobSwipe, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Website for any purpose. You agree that you are solely responsible for (and that JobSwipe has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which JobSwipe may suffer) of any such breach.
You agree you shall not transmit to JobSwipe or upload as part of the Website any Harmful Code or use or misappropriate the data on the Website for your own commercial gain. "Harmful Code" shall mean any software (sometimes referred to as "viruses," "worms," "trojan horses," "time bombs," "time locks," "drop dead devices," "traps," "access codes," "cancelbots" or "trap door devices") that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
JobSwipe reserves the right to use the content of messages or material sent through or to the Website or JobSwipe to prevent potentially illegal activities and activities that are detrimental to other users. JobSwipe reserves the right to use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users.
Some areas of the Website require you to register or provide an email address. If you register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Website to any third party. JobSwipe is not responsible and disclaims all liability if your email is used improperly and falsely by a third party.
We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs.
JobSwipe may modify or terminate the Website from time to time, for any reason, and without notice. JobSwipe reserves the right to modify this Agreement from time to time without notice so check back often to review this Agreement.
JobSwipe disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the JobSwipe results or posted on the Website by JobSwipe or third parties. JobSwipe disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. JobSwipe disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Website or on other sites on the Internet accessed through the Website. Under no circumstances shall JobSwipe be liable to you or any user on account of that user's use or misuse of or reliance on the JobSwipe Website.
THE WEBSITE, AND ALL MATERIALS, INFORMATION, USER CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. JobSwipe AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JobSwipe AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE JobSwipe SERVICES. JobSwipe AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE. JobSwipe AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY JobSwipe.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
UNDER NO CIRCUMSTANCES SHALL JobSwipe OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF JobSwipe OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall JobSwipe or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
U.S. Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by JobSwipe infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow JobSwipe to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send JobSwipe a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Website should be sent to JobSwipe Copyright Notice, Adswipe Ltd, 6 Palk Street, Torquay, England, TQ2 5EL, United Kingdom (contact @ jobswipe.net) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Other Claims of Infringement.
For claims of infringement that do not involve US copyrights, please contact us.
This Agreement and any dispute arising out of or in connection with this Agreement ("Dispute") will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of England and Wales, without giving effect to conflicts of law principles thereof.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by JobSwipe. This Agreement, together with any amendments and any additional agreements you may enter into with JobSwipe in connection with the Website, shall constitute the entire agreement between you and JobSwipe concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
By using the Website, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. The materials on the Website are provided with "Restricted Rights." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of JobSwipe's proprietary rights in them.
You understand and acknowledge that JobSwipe or its licensors owns all right title and interest to the Website and all proprietary rights associated therewith. JobSwipe reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the Website other than your content. Any use of materials or descriptions; any derivative use of the Website or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Website or any materials contained therein.
Change of Address: If you change your billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be under contract with the same JobSwipe party for the remainder of the month in which you made the change. At the next month, your contract will be with the JobSwipe party identified in the first paragraph of this Agreement.
Any notices to JobSwipe must be sent to the applicable JobSwipe entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice ( i.e., JobSwipe Resume Program, JobSwipe Ads Program, or JobSwipe Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your JobSwipe Ads interface).
You may not assign or delegate any of your rights or obligations hereunder without JobSwipe's prior written consent and any such attempt is void. JobSwipe may freely assign or delegate its rights and obligations hereunder without notice to you. JobSwipe and you and JobSwipe Partners are not legal partners or agents, but are independent contractors.
Jobseekers and employers need to be aware that this job board operates as a venue only and does not introduce or supply jobseekers to employers (or vice versa). This means that we do not: