JobsAV Terms of Use
You are required to accept the terms of use and conditions set out below in order
to use this site or to register with JobsAV. If you do not consent to these Terms
of Use and Conditions, you should not register with JobsAV.
Jobseeker Terms of Use
JobsAV does not act as an employment agent, recruitment agent, employment business
or recruitment business on behalf of any Client, Jobseeker or other user of the
JobsAV website and any such relationship is expressly denied. JobsAV does not
make any representation whatsoever about any Ad accessed either on, by virtue
of or by way of any links from the JobsAV website nor about any of the Clients
who use Services on the JobsAV website. JobsAV relies on information provided
to it by Clients and via third parties and accordingly it is a matter for the
Jobseeker to satisfy itself as to the suitability of any Client using Services
on the JobsAV website or of any Ad found directly or indirectly through the JobsAV
website. JobsAV shall be entitled at anytime without notifying the Jobseeker
to make changes to the Services that are necessary to comply with any applicable
security or other statutory requirements and shall determine the manner in which
the Services are provided. Any intellectual property, ideas, concepts, know-how
or techniques developed by JobsAV or obtained during the execution of the Services
will be owned exclusively by JobsAV. JobsAV shall not be responsible for any
failure to provide the Services, or unavailability of the JobsAV website, as
a result of circumstances beyond its reasonable control. The Jobseeker accepts
that JobsAV shall not be liable for any failure to provide the Services (or any
part thereof) as a result of the Jobseeker's failure to comply with these terms
and conditions. The Jobseeker agrees to provide JobsAV, in such a format as JobsAV
may request, any information necessary to enable JobsAV to provide the Services.
JobsAV shall not be obliged to provide the Services until the Jobseeker has supplied
it with the information, necessary to provide the Services.
Resume's and Personal Information
If the Jobseeker has saved their details
and stored a resume on JobsAV, the following shall apply: The Services are
subject to any instructions from a Jobseeker that his or her details should
or should not be made available to the Client and JobsAV will only make available
or supply copies of the resumes which have been received by it for distribution
to Clients of JobsAV solely for the purpose of securing suitable employment
for the Jobseeker. The Resume Search service will be available to the Client
at all times and will allow the Client access to all distributable resumes
on the JobsAV website. JobsAV may, at its discretion and without notice, report
improper or illegal use of resumes or the Services by the Jobseeker to its
Clients. JobsAV has the right at its sole discretion to decline to distribute
or forward, or to suspend or remove any Jobseeker information or resumes accepted
by it. JobsAV may refuse, withdraw, or require to be amended, any Jobseeker
information or resume which is illegal, immoral, obscene or offensive or so
as to comply with the legal or moral obligations placed upon JobsAV or the
Jobseeker or to avoid infringing a third party's rights or any statutory or
regulatory requirements or is designed to or is likely to cause disruption
to any computer system or network. The Jobseeker hereby undertakes that: the
details and resume they store and save on JobsAV is a true and accurate reflection
of their education, employment, training history and that their personal details
are correct; that if any of the information stored and saved on JobsAV for
the purposes of securing employment is found to be false or inaccurate in
any way, that JobsAV reserves the right to remove those details and/or suspend
the use of the Services on the JobsAV website for the Jobseeker; in respect
of any information or resume submitted by the Jobseeker which contains the
name or representation (photographic or otherwise) of any person the Jobseeker
has obtained the authority of such person to make use of such name and/or
representation.
Applications and Applications Forms
The Jobseeker hereby undertakes that:
they have fully read and understood the requirements of a Job Ad on the JobsAV
website to which they make an Application; they have the appropriate skills
and qualifications required by the Client and the necessary qualifications
required by law; they satisfy or will attend to the necessary immigration
requirements of the country in which the position will be situated; the details
they provide to the Client as part of an Application or in an Application
Form are a true and accurate reflection of their education, employment, training
history and that their personal details are correct; that if any of the information
used in an Application is found to be false or inaccurate in any way, that
JobsAV reserves the right to remove those details and/or suspend the use of
the Services on the JobsAV website for the Jobseeker; JobsAV has the right
at its sole discretion to decline to distribute or forward or suspend or remove
any Application accepted by it. JobsAV may refuse, withdraw, or require to
be amended, any Application which is illegal, immoral, obscene or offensive
or so as to comply with the legal or moral obligations placed upon JobsAV
or the Jobseeker or to avoid infringing a third party's rights or any statutory
or regulatory requirements or is designed to or is likely to cause disruption
to any computer system or network. When a Jobseeker makes an Application through
the JobsAV website, JobsAV will pass the Jobseeker's details to the Client
who placed the Ad for the purpose of that one Application only. The Jobseeker
accepts that JobsAV cannot be held responsible for the content of Ad on the
JobsAV website and that no obligations are imposed on JobsAV in this regard.
Jobseekers Obligations
The Jobseeker agrees that: it has read,
understood and agrees to the Terms and Conditions and the Privacy Statement
on the JobsAV website; it will keep confidential and not disclose to any person
the password used by them in relation to the Services; it will be responsible
for any misuse of all such passwords.
Liability
JobsAV will not be liable for: any loss
of copy, artwork, photographs, data, resumes or other materials that the Jobseeker
supplies to JobsAV or to a Client or a third party via the JobsAV website
and the Jobseeker shall be responsible for retaining in its possession sufficient
quality and quantity of such materials for whatsoever purposes it may require;
any mistakes or errors whatsoever that arise during the course of use of the
Services or any loss of information or data or any damage thereto in each
case as a result of circumstances beyond its reasonable control or which arise
as a result of the acts or omissions of the Jobseeker; for any failure to
secure employment or consequential loss (whether caused by the negligence
of JobsAV, its employees or agents); any delay, costs, expense, loss, damage
or liability (including without limitation as a result of any hardware failure,
provision or use of software, virus, deletion, corruption, loss or removal
of data) howsoever caused arising from any matter beyond the reasonable control
of JobsAV or as a result of the acts or omissions of the Jobseeker; any loss
or damage whatsoever howsoever caused arising out of the negligence, dishonesty,
misconduct, breach of faith, incompetence, or the wrongful disclosure of confidential
information by, any Client. It is for the Jobseeker to satisfy itself as to
the integrity and reliability of all vacancy Ads placed on the JobsAV website;
any breach of agreement or infringement or violation of any right of any person
or be rendered liable to any proceedings whatsoever, as a result of any information
or resume or Application submitted to it by the Jobseeker and the Jobseeker
indemnifies JobsAV against all costs, claims, damages, loss, expenses and
liabilities suffered or incurred by JobsAV as a result of this undertaking
and warranty being incorrect. Nothing in these terms and conditions will restrict
or exclude JobsAV's liability for death or personal injury caused by its own
negligence. The Jobseeker agrees and acknowledges that no condition, warranty
or representation of any kind is, has been, or will be, given by or on behalf
of JobsAV in respect of or in connection with the Services and accordingly
the Jobseeker confirms that it has not, in accepting these terms and conditions,
relied on any condition, warranty or representation by JobsAV or any person
on its behalf, express or implied, whether arising by law or otherwise in
relation to or in connection with the Services. The benefit of any such condition,
warranty or representation by JobsAV is hereby irrevocably and unconditionally
waived by the Jobseeker. The Jobseeker accepts the risk that data transmitted
electronically via the JobsAV website or otherwise may be intercepted before
reaching its intended destination or accessed by unauthorised third parties
and may be exploited unlawfully by such third parties. JobsAV does not assume
responsibility for guarding against the acts of such third parties and shall
not be liable for any direct, indirect, consequential, special or other damage
resulting from third parties’ interception of or access to data of whatever
nature.
Termination and Cancellation
Either party may, at its sole discretion,
terminate the provision of the Services to the Jobseeker at any time by notice
in writing to the other party (the "Defaulting Party") if the Defaulting
Party is in breach of these terms and conditions and fails to remedy such
breach within 14 days of notice from the other party requiring it to be remedied.
The Jobseeker shall be responsible for all reasonable costs, claims, damages,
loss, expenses and liabilities incurred by JobsAV arising out of the Jobseeker's
breach of its obligations under these terms and conditions (including, without
limitation, on a solicitor and own client basis, any legal fees and disbursements
reasonably incurred by JobsAV).
General, Comments & Law
If any provision of these terms and conditions
shall be invalid or unenforceable, it shall not affect any other provision,
which shall remain in full force and effect. Any waiver by JobsAV of any breach
of, or any default under, any provision of these terms and conditions by the
Jobseeker will not be deemed to be a waiver of any subsequent breach or default
and will in no way affect the other terms of these terms and conditions. Failure
or delay by JobsAV in enforcing or partially enforcing any provision of these
terms and conditions will not be construed as a waiver of any of its rights
under these terms and conditions. If you have any comments, please write to
JobsAV, Suite 620, 8 Shepherd Market, London W1J 7JY. These terms and conditions
are governed by the Laws of England.
Marketing
We may use your personal data to contact
you from time to time and provide you with marketing information about us
or partner companies which we think may be of interest to you. If at any time
you wish to stop the delivery of such information please e-mail us at nomarketing@jobsav.com .
If you have any comments, please write to JobsAV, Suite 620, 8 Shepherd Market,
London W1J 7JY.
Employer/Recruiter Terms of Use
This
website is owned and operated by JobsAV Limited and is made available to You
on the following terms and conditions. By using the site and the services
available on it You are deemed to accept these terms and conditions and any
additional terms and conditions which expressly apply to services and information
provided by third parties. If You do not accept the Terms and Conditions stated
here, do not use this website and service. Definitions: Where your company
("You" or "Your") desires to purchase, and JobsAV ("JobsAV")
desires to provide to You, subject to the terms and conditions set forth herein,
certain job posting services (the "Services") on the JobsAV website;
General Requirements Concerning online
Job Posting Advertisements ("Ads") submitted by You:
- You will pay for Ads in advance whether posting online or through our
monthly advertising service.
- Only one job description is allowed per Ad.
- Once a job credit is purchased, any fees paid will not be refunded.
- Unused job postings that expire on the date set forth on Your Order,
and any fees paid for such postings will not be refunded.
- Job postings will remain on the JobsAV website for up to 28 days.
Application of the terms
These Conditions to the exclusion of
all previous terms and conditions issued by JobsAV shall apply to any Service
Agreement entered into after the date on which these Conditions were posted
on the Site. No variation or alteration to these Conditions or any representations
about the Services shall have any effect unless expressly agreed and confirmed
in writing by a director of JobsAV. JobsAV shall be entitled at anytime
without notifying You to make changes to the Services which are necessary
to comply with any applicable security or other statutory requirements and
shall determine the manner in which the Services are provided. Any intellectual
property, ideas, concepts, know-how or techniques developed by JobsAV or
obtained during the execution of the Services will be owned exclusively
by JobsAV. With effect from the Start Date JobsAV shall provide the Services
for the Term subject to the provisions of these Conditions. JobsAV shall
not be responsible for any failure to provide the Services, or unavailability
of the Site, as a result of circumstances beyond its reasonable control
but You accept that You shall still be responsible for the payment of the
Fees as if the Services had been properly provided.
You accept that: JobsAV shall not be
liable for any failure to provide the Services (or any part thereof) as
a result of the Your failure to comply with the Contract. If any quota of
Services which are to be used with any period of time specified in the Service
Agreement are not used within that period of time then in each case You
shall still be responsible for the full payment of the Fees as if the Services
had been properly and fully provided (and for the avoidance of doubt JobsAV
shall not be liable for providing any unused Services and such Services
may not be
You accept that: JobsAV shall not be liable for any failure to provide the Services
(or any part thereof) as a result of the Your failure to comply with the Contract.
If any quota of Services which are to be used with any period of time specified
in the Service Agreement are not used within that period of time then in each
case You shall still be responsible for the full payment of the Fees as if the
Services had been properly and fully provided (and for the avoidance of doubt
JobsAV shall not be liable for providing any unused Services and such Services
may not be carried over to any subsequent period). JobsAV will only make available
or supply copies of resumes which have been received by it for distribution solely
for the purpose of securing suitable employment for the jobseekers and You accept
that JobsAV makes no warranty whatsoever as to the availability of the Candidates
or the information on the resumes. JobsAV may, at its discretion and without
notice, report improper/illegal use of resumes by You to the relevant legal and/or
professional bodies.
If requested by JobsAV You will provide evidence to prove that You are either
a Direct Employer or a Recruiter; JobsAV shall not be obliged to provide the
Services (or shall be entitled to suspend them) until the Client has provided
such evidence; All ads are to be entered online by the You; Ads will be sent
out once to all relevant jobseekers via the Jobs by Email service; Ads placed
on the Site may be expired and removed by the Client. You will be charged for
the full number of days Your ad was originally placed; JobsAV will use reasonable
endeavours to procure that ads will become live within 1 hour of submission to
the Site; Ads cannot be edited or modified in any way whatsoever by You once
they have been submitted to JobsAV; Ads may only contain one email address, which
must be in the specific place designated by JobsAV and must not be part of the
text describing the vacancy; Ads shall contain the details of a single vacancy;
Ads purchased online will be ranked higher in the results of a jobseekers search
on the Site than ads purchased through our monthly advertising service contract;
JobsAV may edit, remove or refuse to publish any ads; JobsAV may edit, remove
or refuse to publish ads containing unnecessarily repeated words or phrases which
cause a false positioning in the search results seen by a jobseeker; JobsAV may
edit, remove or refuse to publish ads that advertise products, services, businesses
or websites, including, but not limited to, franchises, pyramid selling, network
marketing, and multi-level marketing. Logo Buttons will not exceed three thousand
bytes in graphic size, will be static and will be displayed on a rotational basis
and no guarantee is made by JobsAV of the number of times on which they will
be displayed and the Client accepts that no obligations are imposed on JobsAV
in this regard whatsoever.
Your Obligations
The reproduction and/or publication
of an ad by JobsAV as originally submitted or as amended will not breach
any agreement or infringe or violate any right of any person or render JobsAV
liable to any proceedings whatsoever and You indemnify JobsAV against all
costs, claims, damages, loss, expenses and liabilities suffered or incurred
by JobsAV as a result of this undertaking and warranty being incorrect;
any information supplied by You in connection with the provision of the
Services is accurate, complete and true; In respect of any ad which contains
the name or representation of any person and/or any part of any person and/or
any copy by which any person is or can be identified You have obtained the
authority of such person to make use of such name, representation and/or
copy; Each Advertisement is legal, decent, honest and truthful and complies
with all applicable laws, rules, regulations and codes relating to advertising
and law as may be appropriate; No Ad contains any data, image or other material
which is (a) is offensive, obscene or indecent, or capable of being resolved
into obscene or indecent images or material (b) is defamatory, threatening
or racially, ethnically or otherwise objectionable (c) is designed or likely
to cause annoyance, inconvenience, unwanted attention or needless anxiety
to any other person (d) infringes the rights (including, without limitation,
the intellectual property rights) of another person (e) is designed or likely
to cause disruption to any computer system or to any network (f) is illegal
or designed or likely to induce an illegal or criminal act. You acknowledge
that JobsAV can accept instructions in relation to the Services (without
having to refer to You) from any of the following persons: any person agreed
between JobsAV and You and any person to whom You provide passwords to or
is set up to make use of the Services by using facilities offered by JobsAV
for such purposes; You agree that You will be responsible for any misuse
of all such passwords; You authorise JobsAV to accept instructions in relation
to the Services from anyone using such passwords; You accept that JobsAV
shall not be responsible for any breach of this Agreement, any delay in
performance of the Services or defect or error in the Services which arises
as a result of JobsAV accepting instructions from any person using such
passwords; You shall be responsible for all acts and omissions of any person
using such passwords as if they were acts or omissions by Yourself. You
shall comply in all respects with all statutes, rules, regulations, employment
acts, data protection laws, codes of practice and legal requirements to
which You are ordinarily subject to in respect of the receipt and processing
of resumes and related matters; Use all resumes supplied pursuant to the
Contract and the Services for the sole purpose of endeavouring to provide
or locate suitable employment on behalf of the jobseekers; Keep confidential
the resumes and all other information supplied by JobsAV or jobseekers to
You or Your employees and shall only use such information for such agreed
purpose if endeavouring to seek or provide employment opportunities for
jobseekers with their express consent; Obtain the express consent of a jobseeker
prior to submitting their resume to any person; Not submit, copy, supply,
re-sell, distribute or make available in any way any resume or other information
received from JobsAV to any person provided that where You are a Employment/Recruitment
Agent or Employment/Recruitment Business You may make resumes available
to Your genuine customers who intend to recruit such jobseekers for their
own employment; Not discriminate between persons endeavouring to secure
employment and shall not engage in any illegal discriminatory practices
whether by reason of age, race, religion, sex or disability; Be responsible
for all reasonable costs, claims, damages, loss, expenses and liabilities
incurred by JobsAV arising out of Your misuse of information on resumes.
Resume Services
The Service is subject to any instructions
from a jobseeker that their details should or should not be made available
to the Client. In the event that JobsAV has reason to believe or suspect
that its Resume Service is being abused by the You, JobsAV reserve the right
to immediately terminate the contract; JobsAV cannot guarantee the minimum
number of new resumes available on any given day; In relation to the Resume
Services You shall ensure that no automatic extraction software or any other
means, are engaged or deployed, to facilitate the downloading or capturing
of resumes from the JobsAV database.
Liability
JobsAV will not be liable for: any mistakes
or errors whatsoever that arise during the course of publication of any
ad or any loss of information or data or any damage thereto in each case
as a result of circumstances beyond its reasonable control or which arise
as a result of the acts or omissions of the Client; for any loss of profit,
loss of revenue or contracts or any indirect, special, economic or consequential
loss (whether caused by the negligence of JobsAV, its employees or agents);
any delay, costs, expense, loss (including loss of profit), damage or liability
(including without limitation as a result of any hardware failure, provision
or use of software, virus, deletion, corruption, loss or removal of data)
howsoever caused arising from any matter beyond the reasonable control of
JobsAV or as a result of the acts or omissions of You; any loss or damage
whatsoever (including loss of profits) howsoever caused arising out of the
negligence, dishonesty, misconduct, breach of faith, incompetence, lack
of, suitability of or the wrongful disclosure of confidential information
by any jobseeker. It is for You to satisfy itself as to the availability,
suitability, standard of skill, integrity and reliability of all jobseekers
for any particular job. In no event shall JobsAV's liability to the Client
under or in relation to the Contract exceed the amount of the Fees. Nothing
in this Contract will restrict or exclude JobsAV's liability for death or
personal injury caused by its own negligence. The Client agrees and acknowledges
that save as expressly provided in the Contract no condition, warranty or
representation of any kind is, has been, or will be, given by or on behalf
of JobsAV in respect of or in connection with the Services or the Contract
and accordingly You confirm that it has not, in entering into the Contract,
relied on any condition, warranty or representation by JobsAV or any person
on its behalf, express or implied, whether arising by law or otherwise in
relation to or in connection with the Services or the Contract. The benefit
of any such condition, warranty or representation by JobsAV is hereby irrevocably
and unconditionally waived by the You.
Security & Encryption
This site has security measures in place
to protect the loss, misuse and alteration of the information under our
control. You can gain access to your JobsAV account and modify the information
stored there by supplying an email address and password. You must ensure
that this information is kept secret. At JobsAV, we use 128-bit SSL encryption,
the highest level of SSL encryption currently available to consumers. This
ensures the safety and security of your credit card transactions. SSL (Secure
Socket Layer) means that our server and your browser create and agree on
an encryption key that will be used only for that particular session. Once
established, this key encrypts all communication between our server and
your browser. To add accountability to these security measures, we have
a server certificate issued to us by Comodo. Comodo is Webtrust/KPMG Compliant
and Accredited Certification Authority. Comodo is also a partner with global
security solutions provider Baltimore. The certificate is a way for you
to verify that you are sending your card number to us and nobody else. Only
we have that particular certificate. If you still have concerns, you should
review your credit card agreement or call your credit card issuer to ask
about its policies regarding liability for fraudulent Internet charges.
Payment
All products on JobsAV must be paid
for in advance. All ads purchased on the JobsAV website will be via credit
card. JobsAV will only invoice for our monthly advertising service product.
All sums due in respect of the Fees are exclusive of any appropriate sales
tax or value added tax, for which You shall be additionally liable depending
which country You are in. If You fail to pay any amount owing to JobsAV
when due then JobsAV reserves the right to charge interest.
Refund, Replacement & Cancellation Policies
All ads posted on the JobsAV website
are non-refundable and all payments are final. All advertisements posted
on the JobsAV website cannot be replaced or edited. Ads are posted for up
to a period of 28 days. To remove an ad after it has been posted please
email headoffice@jobsav.com stating
the ad reference number and your contact details for verification.
Termination and Cancellation
Subject to the provisions of the Contract,
the Services shall be provided for the Term. Either party may, at its sole
discretion, terminate the Contract at any time by notice in writing to the
other party (the "Defaulting Party") if the Defaulting Party fails
to pay to the other party any amount when due; or if the Defaulting Party
is in breach of the Contract and fails to remedy such breach within 14 days
of notice from the other party requiring it to be remedied. JobsAV may suspend
the Services and/or terminate the Contract by notice in writing to You if
it believes that any acts or omissions in connection with Your Contract
constitute or lead to any breach of any statutes, rules, regulations, employment
acts, data protection laws, codes of practice and legal requirements. Upon
termination of the Contract the provision of the Services shall immediately
cease and the full amount owing to JobsAV by You in respect of the Services,
whether or not provided, shall become payable with immediate effect. You
shall be responsible for all reasonable costs, claims, damages, loss, expenses
and liabilities incurred by JobsAV arising out of Your breach of obligations
under the Contract (including, without limitation, on a lawyer and own client
basis, any legal fees and disbursements reasonably incurred by JobsAV).
Copyright
Unless otherwise stated all contents
of this website, including graphics, layout and design are © copyright
JobsAV and Jobs AV may not be reproduced without the written permission
of Jobs AV Limited. JobsAV and the JobsAV logo are registered trademarks
of Jobs AV Limited. For permission to reproduce any contents of this website,
please e-mail headoffice@jobsav.com
General, Comments & Law
If any provision of these Conditions
shall be invalid or unenforceable, it shall not affect any other provision,
which shall remain in full force and effect. The Contract constitutes the
entire agreement between You and JobsAV in respect of the Services. Any
waiver by JobsAV of any breach of, or any default under, any provision of
the Contract by You will not be deemed to be a waiver of any subsequent
breach or default and will in no way affect the other terms of the Contract.
Failure or delay by JobsAV in enforcing or partially enforcing any provision
of the Contract will not be construed as a waiver of any of its rights under
the Contract. If you have any comments, please write to JobsAV, Suite 620,
8 Shepherd Market, London W1J 7JY. These terms and conditions are governed
by the Laws of England.
