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DEFINITIONS
& INTERPRETATIONS
- "Jobit " means
the website
www.Jobit.com that is owned and operated by Jobit.com
Ltd a registered company in the UK.
- "Member" means
any individual who registers with Jobit
as a Jobseeker.
- “Client” means
any organisation, business and/or individual
including, but not exclusive to, employers,
recruitment consultancies and employment
agencies who register with Jobit as
an employer or recruitment agency.
- CV means
the profile created by a Member in order
to apply for a job vacancy.
- "Corporate Profile" means the members corporate profile created and
supplied by the member for publication
on the directory listing on the Web
Site.
- "Job Posting(s)" means the job vacancy posting created by the member
for publication on the Web Site.
- “Fees” means
the fees charged by Jobit for any products
or services that it supplies.
- “User accounts” means
accounts created by Clients for other
individuals in their organisation.
ADVERTISING
Jobit
does not in any way approve of, endorse
or is associated in any way with any and
all advertisements or their subject matter.
REGISTRATION
You
must complete the registration form by
providing up to date, complete and accurate
information. You also agree to notify
us immediately of any changes that may
occur in the information provided.
The
registration form will also ask you to
create a username and password. You are
entirely responsible for maintaining the
confidentiality of your username and password
and all activities that occur under your
account. You agree to notify Jobit immediately
of any unauthorised use of your account
or any other breach of security.
FREE
SERVICES
Jobit
may from time to time offer free membership
to organisations. A free offer means that
no payment is made by an organisation
or credit card/payment details taken in
order obtain the membership. However,
Jobit may start charging for the membership
at a later date. If such a charge is introduced,
Jobit will give a minimum of three months
advance notice to all members who may
be affected. If a member decides not to
pay once the date for payment begins then
their membership may be suspended. A member
has no obligation to continue with the
membership once payment charges are introduced.
LIABILITY
Jobit
will not be liable for any loss that you
may incur as a result of someone else
using your password or account, either
with or without your knowledge. However,
you could be held liable for losses incurred
by Jobit or another party due to someone
else using your account or password.
LINKS
TO THIRD PARTY SITES
Jobit
contains various links to third party
websites that are not under its control
and is not responsible for the contents
of the third party websites. Jobit is
not responsible for web casting or any
other form of transmission received from
any third party site nor is Jobit responsible
if the third party site is not working
properly or the link to the third party
website is not working. Jobit is providing
these links to you only as a convenience
and the inclusion of any link does not
imply endorsement by Jobit of the site
or any association with its operators.
You are responsible for viewing and abiding
by the privacy statements and terms of
use posted at the third party websites.
Any
dealings with third parties (including
advertisers) included within the Jobit
site and services or participation in
promotions, including the delivery of
and the payment for goods and services,
and any other terms, conditions, warranties
or representations associated with such
dealings or promotions are solely between
you and the advertiser or other third
party. Jobit shall not be responsible
or liable for any part of any such dealings
or promotions.
UNLAWFUL
OR PROHIBITED USE
Members
and Clients may only use Jobit for the
purposes under which they registered.
As a condition of your use of the Jobit
site, you will not use Jobit for any purpose
that is unlawful or prohibited by these
terms, conditions, and notices. You may
not use Jobit in any manner which could
damage, disable, overburden, or impair
the Jobit website or the network(s) connected
to Jobit or interfere with any other party's
use of Jobit. You may not attempt to gain
unauthorised access to Jobit, other member
or client accounts, computer systems or
networks connected to Jobit, through hacking,
password mining or any other means. You
may not obtain or attempt to obtain any
materials or information through any means
not intentionally made available through
the Jobit.co.uk sites and services. Jobit
may at anytime without notice and at it’s
discretion report any improper or illegal
activity on the Jobit website to the relevant
legal, professional or government bodies.
CLIENT
JOB POSTINGS
The
Client represents, warrants and undertakes
that their job posting(s) and their online
corporate profile will NOT contain obscene,
offensive, indecent, sexist, racist, defamatory
material, computer virus, materials which
infringe the copyright, trademark rights,
moral rights or any other intellectual
property rights of any third party or
contain other unlawful material or any
other material which is likely to harm
the reputation of Jobit. The Client will
comply with all applicable legislation
in the UK and in any other country to
which the posting is targeted relating
to employment including without limit
legislation regarding unlawful discrimination
on the grounds of sex, racial or disability
discrimination. If in Jobit’s opinion
any job posting or the corporate profile
is likely to infringe any of the warranties
and representations, then Jobit may (without
prejudice to its other rights and remedies)
remove that posting and (as the case may
be) the corporate profile.
The
member shall indemnify and keep fully
indemnified Jobit from and against all
actions proceedings claims demands costs
(including without prejudice to the generality
of this provision the legal costs of Jobit)
awards and damages arising directly or
indirectly as a result of any claim which,
taking the claimants allegations to be
true, would result of the points above.
CLIENTS
USE OF JOBIT
The
Client may use information directly or
indirectly obtained from Jobit only for
hiring purposes for providing active recruitment
and replacement services and for general
human resources purposes. The Client shall
not use information directly or indirectly
derived from the Jobit for any other purpose.
The Client shall not distribute, disclose,
transfer or sell any information directly
or indirectly derived from Jobit to third
parties except for the use as set out
in this agreement. The Client shall not
use information directly or indirectly
derived from Jobit and its services to
provide services in competition with or
substantially similar to the services
provided by the Jobit.
USER
ACCOUNTS
Clients
can only create User Accounts for individuals
within that Clients organisation and/or
business and are the responsibility of
the Client. It is up to the Client to
maintain and secure access to Jobit for
all User Accounts and the Client will
be liable for any abuse by the User Account
holder. All User accounts are covered
by the Jobit terms & conditions.
MEMBER CV’s
The
Member represents, warrants and undertakes
that their CV(s) will NOT contain untrue,
obscene, offensive, indecent, sexist,
racist, defamatory material, computer
virus, materials which infringe the copyright,
trademark rights, moral rights or any
other intellectual property rights of
any third party or contain other unlawful
material or any other material which is
likely to harm the reputation of Jobit.
If
in Jobit’s opinion any CV is likely to
infringe any of the warranties and representations,
then Jobit may (without prejudice to its
other rights and remedies) remove that
CV. The member shall indemnify and keep
fully indemnified Jobit from and against
all actions proceedings claims demands
costs (including without prejudice to
the generality of this provision the legal
costs of Jobit) awards and damages arising
directly or indirectly as a result of
any claim which, taking the claimants
allegations to be true, would result of
the points above.
MEMBERS
SERVICES
Jobit
provides each member a job management
system called MyJobit. MyJobit allows
Members to create up to 5 CV’s at any
one time of which only 1 CV can be active
and viewable by Clients at any one time.
It is up to the Member to determine whether
Clients may view the Members CV. If at
anytime Jobit has reason to believe that
a CV is false or breaches the terms and
condition in this document, Jobit reserves
the right to remove the CV and terminate
the Members access to MyJobit. Jobit may
(without prejudice to its other rights
and remedies) at anytime and without notice
and at its discretion terminate a Members
access to MyJobit for any reason it sees
fit.
Jobit
does not guarantee the success of any
job application made by a Member or will
it be liable for the failure of a Members
CV to reach a Client. Nor is Jobit responsible
for any message sent by a Client to a
Member.
COMMUNICATION
SERVICES
The
Jobit web site contains e-mail services,
job posting services, account sections,
agency directory, and/or other message
or communication facilities designed to
enable you to communicate with others
(collectively, "Communication Services").
You agree to use the Communication Services
only to post, send and receive messages
and material that are proper and, when
applicable, related to the particular
Communication Service. By way of example,
and not as a limitation, you agree that
when using a Communication Service, you
will not:
- Use the Communication Service in connection with
surveys, contests, pyramid schemes,
chain letters, junk email, spamming
or any duplicative or unsolicited messages
(commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such as rights
of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful
topic, name, material or information.
- Upload files that contain software or other material
protected by intellectual property laws
(or by rights of privacy of publicity)
unless you own or control the rights
thereto or have received all necessary
consents to do the same.
- Upload files that contain viruses, Trojan horses,
worms, time bombs, cancelbots, corrupted
files, or any other similar software
or programs that may damage the operation
of another's computer or property of
another.
- Advertise or offer to sell or buy any goods or
services for any business purpose, unless
such Communication Service specifically
allows such messages.
- Download any file posted by another user of a Communication
Service that you know, or reasonably
should know, cannot be legally distributed
in such manner.
- Falsify or delete any author attributions, legal
or other proper notices or proprietary
designations or labels of the origin
or source of software or other material
contained in a file that is uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular
Communication Service.
- Harvest or otherwise collect information about
others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading
others.
- Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity
any directory of users/agencies of the
Jobit.co.uk site and services, or other
user or usage information or any portion
thereof.
USE OF THE COMMUNICATION SERVICES
Clients
and Members are responsible for use of
the Communication Services and the consequence
of any such use. Jobit has no obligation
to monitor the Communication Services,
but reserves the right to review materials
posted to a Communication Service and
to remove any materials in its sole discretion.
Jobit reserves the right to terminate
your access to any or all of the Communication
Services at any time, without notice,
for any reason whatsoever.
Jobit reserves the right at all times to disclose any information
as Jobit deems necessary to satisfy any
applicable law, regulation, legal process
or governmental request, or to edit, refuse
to post or to remove any information or
materials, in whole or in part, in Jobit’s
sole discretion.
Jobit does not control or endorse the content, messages
or information found in any Communication
Service and, therefore, Jobit specifically
disclaims any liability with regard to
the Communication Services and any actions
resulting from your participation in any
Communication Service.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction
and/or dissemination; you are responsible
for adhering to such limitations if you
download the materials.
PAYMENT
The
Client shall pay Jobit all amounts due
within 14 days of the invoice date. All
sums due are exclusive of Value added
Tax or any other sales tax. Any sums not
paid on the due date will be charged interest
at the annual rate of 5% over the prevailing
base rate of Barclays Bank Plc.
NOTICEBOARD
All
postings made to the Jobit notice boards
are the views of the author and not the
views of Jobit, its management, employees
or anyone else connected to Jobit. Jobit
is under no duty to review all notice
board postings but will upon receiving
written notice remove any offending message
as soon as reasonably possible.
INTELLECTUAL
PROPERTY AND COPYRIGHT
The
entire copyright, database rights and
any other intellectual property rights
in the site (including the Jobit software
and all other software or services on
the site) worldwide and all rights in
the site domain, the name "Jobit
" and all other material of Jobit
and “Jobit.com Ltd” shall be and shall
remain the exclusive property of Jobit.com
Ltd or its licensors. Other than the rights
expressly granted in this Agreement, the
member obtains no rights in the site.
All content included on the site, such
as text, graphics, logos, button icons,
images, video, audio clips is the property
of Jobit.co.uk or it's content suppliers
and protected by U.K. and International
copyright laws.
All content on this site is the
exclusive property of the Jobit.co.uk
and protected by U.K. and international
copyright laws. All software on this site
is the property of Jobit or it's software
suppliers and protected by United Kingdom
and International copyright laws. Any
other use, including the reproduction,
display or performance of the content
on this site is strictly prohibited. The
Member and Client will supply and authorise
use of digital image, to the member’s
requirements of their corporate logo for
the sole purpose of branding the member’s
advertised vacancies. Member’s wishing
to have their corporate details made available
within the directories will supply and
authorise the use of all materials.
CONTRACTUAL TERM
This
Agreement shall commence on the registration
date of signing up to Jobit and subject
to earlier termination shall terminate
automatically on expiration of the term.
On expiry or termination of the term all
active job postings will be withdrawn.
If
on expiry of the term or termination of
this agreement (for any reason), the member
has not posted the number of postings
allowed then there will be no obligation
on Jobit. to extend the term or to refund
any part of the fee(s).
TERMINATION
Jobit
reserves the right, at its sole discretion,
to pursue all of its legal remedies, including
but not limited to deletion of your postings
from Jobit and immediate termination of
your registration with or ability to access
the web site and/or any other service
provided to you by Jobit, upon any breach
by you of these Terms and Conditions or
if Jobit.co.uk is unable to verify or
authenticate any information you submit
to the Jobit registration.
SPAM POLICY AND DAMAGES
Jobit
will immediately terminate any account
which it believes, in its sole discretion,
is transmitting or is otherwise connected
with any spam or other unsolicited bulk
email. In addition, because damages are
often difficult to quantify, if actual
damages cannot be reasonably calculated
then you agree to pay Jobit.co.uk liquidated
damages of £10 (British Sterling) for
each piece of spam or unsolicited bulk
email transmitted from or otherwise connected
with your account and/or use of service,
otherwise you agree to pay Jobit’s actual
damages, to the extent such actual damages
can be reasonably calculated
SERVICE LEVEL AGREEMENT
Jobit shall do it’s utmost to make Job Postings, Corporate
Profiles and CV’s available immediately
when posted and shall not be liable for
any delay or failure to perform any of
its obligations under this Agreement if
such delay or failure is due to any cause
beyond its reasonable control including
without limit any technical reason preventing
the publication of the postings whether
caused by internal failure or third party.
Jobit is not responsible for the failure, quality, duplication
of Job Postings, Corporate Profiles and
CV’s, and/or incorrect postings from third
party intermediaries who are authorised
by the member to post jobs to Jobit on
their behalf. On the event of any disputes
regarding job postings Jobit will under
it’s own discretion review each situation
on an individual basis.
JOINT VENTURES AND PARTNERSHIP
Nothing in this Agreement shall create, or be deemed to create,
a partnership, joint venture or relationship
of principal and agent between the Member/Client
and Jobit.
SEVERABILITY
If any provision of this Agreement is held to be invalid or
unenforceable, in whole or in part, that
provision or part shall to that extent
be deemed not to form part of this Agreement.
However, the validity and enforceability
of the remainder of this Agreement shall
not be affected.
ASSIGNMENT AND SUB-CONTRACTING
The Member and Client may not assign the whole or any part
of its rights or obligations under this
Agreement without the prior written consent
of Jobit. Jobit may assign or sub-contract
the whole or any part of its rights or
obligations under this Agreement without
restrictions.
THIS AGREEMENT
This Agreement constitutes the entire agreement between the
member and Jobit. No addition to or modification
of this Agreement shall be effective unless
it is in writing and signed by a duly
authorised representative of both the
member and Jobit.
MODIFICATION
OF THESE TERMS OF USE
Jobit
reserves the right to change the terms,
conditions, and notices under which services
are offered, including but not limited
to the fees associated with the use of
the services. You are responsible for
regularly reviewing these terms and conditions
and additional terms posted on particular
websites. Your continued use of the Jobit
services constitutes your agreement to
all such terms, conditions and notices.
MEMBERS
& CLIENTS INDEMNITY
THE MEMBER AND CLIENT WILL INDEMNIFY AND HOLD JOBIT HARMLESS
FOR (A) ANY LOSSES, COSTS, LIABILITIES
AND EXPENSES (INCLUDING LEGAL FEES) AGAINST
JOBIT.CO.UK ARISING OUT OF ANY USE OF
THIS SITE, SERVICES OFFERED IN THIS SITE,
THIRD PARTY SITE, OR RELATED GOODS OR
SERVICES; (B) ANY BREACH OF THE TERMS;
(C) ANY UPLOADING, DOWNLOADING, OR REPRODUCTION
OF ANY CONTENT OR DATA FROM THE SITE OR
ANY THIRD PARTY SITE OR ANY OTHER ONLINE
SERVICE.
DISCLAIMER
THE MEMBER AND CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT
ITS USE OF JOBIT IS DONE AT THE MEMBERS
OWN RISK. THE SITE AND ALL SERVICES ARE
PROVIDED "AS IS" AND WITHOUT
WARRANTY OF ANY KIND AND JOBIT AND ITS
LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT,
AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER JOBIT NOR ITS LICENSORS WARRANT
THAT THE OPERATION OF THE SITE OR SERVICES
WILL BE UNINTERRUPTED OR ERROR FREE. FURTHERMORE,
NEITHER JOBIT NOR ITS SUPPLIERS OR LICENSORS
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OF THE SITE, AND SERVICES, THE
ACCURACY, RELIABILITY, OR QUALITY OF ANY
SERVICES OR GOODS OBTAINED THROUGH USE
OF THE SITE, SERVICES, OR THE SECURITY
OF ANY DATA TRANSMITTED THROUGH THE SITE
OR SERVICES.
LAW
AND JURISDICTION
This
Agreement is governed by and construed
in accordance with laws of the United
Kingdom and the Member and Client submit
to jurisdiction of its courts.
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