Terms of Use

 

Introduction

These terms of use are divided into 3 parts. 

Part A contains general terms relating to the use of Joblisting website and general terms apply to all;

Part B contains special terms relating to jobseekers and individuals;

and Part C contains special terms relating to companies, employers, recruiters, partners and entities.

By using Joblisting website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use Joblisting website.  If you register with the Joblisting website as a jobseeker, individual or company, employer, recruiter, partner or an entity, we will ask you to expressly agree to these terms of use.

These terms of use are provided in the English language only.

You must be at least [18] years of age to use Joblisting website.  By using Joblisting website and by agreeing to these terms of use, you warrant and represent that you are at least [18] years of age. You must not use or registered at Joblisting website if you are under [13] of age. If you are not at least [18] years of age and are under [18] years of age but above [13] years of age, then following applies;

1)    Refer to Joblisting website's Privacy regarding information practices for personal information collected online from Child;

2)    Parents agree without any doubt and are giving their consent to Joblisting website for collection and for use of a Child’s information. Moreover, parents also agree without any doubt and are giving their consent to Joblisting website to disclose collected information to third parties because disclosure is integral to the Joblisting website services and its features;

3)    Parents agree without any doubt and are giving their consent to Joblisting website that information about their Child which is publicly available and or linked elsewhere will not be deleted. It is parents responsibility to review their Child's information before child makes it publically available and links elsewhere;

4)    If the law allows parents then parents will be responsible to control their Child and control their Child’s activities for accessing and or further using Joblisting website and or control their Child for providing further personal information;

5)    Refer to Joblisting website's Privacy regarding maintaining the confidentiality, security, and integrity of information collected from Children and persons above [13] years of age, including releasing such information to third parties; and

6)    Refer to Joblisting website's Privacy regarding retaining personal information collected online from a Children and or persons above [13] years of age.

Joblisting website uses cookies.  By using Joblisting website and agreeing to these terms of use, you consent to our use of cookies.

 

PART A

Use of Joblisting website

Unless otherwise stated, we or our licensors own the intellectual property rights in the Joblisting website and material on the Joblisting website.  Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and for your use only, subject to the restrictions set out below and elsewhere in these terms of use. 

You must not:

1)    republish material from the Joblisting website (including republication on another website;

2)    sell, rent or sub-license material from the Joblisting website and publish doubtful ethical content;

3)    show any restricted non-public material from the Joblisting website in public;

4)    reproduce, duplicate, copy (copyright material) or otherwise exploit sensitive material on Joblisting website for a commercial and personal purpose;

5)    edit or otherwise modify any non-editable and non-modifiable material on the Joblisting website; or

6)    redistribute material from the Joblisting website [except for content specifically and expressly made available for redistribution (such as public post, public page material, and any other material which is for public, newsletter, jobs, public connections and public networking). It may be redistributed when and where content is specifically made available for redistribution only.  

Acceptable use

You must not use Joblisting website in any way that causes, or may cause, damage to the Joblisting website or impairment of the availability or accessibility of the Joblisting website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use Joblisting website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities including with or without limitation scraping, data mining, data extraction and data harvesting on or in relation to Joblisting website without our express written consent.

You must not use Joblisting website for SPAM and or transmit or send SPAM.

Restricted access

Access to certain areas of Joblisting website is restricted.  We reserve the right to restrict access to any areas of Joblisting website, or whole Joblisting website, at our discretion.

If we provide you with a user ID and password to enable you to access restricted areas of Joblisting website or other content or services, you must ensure that such user ID and password is kept confidential. 

We may disable your user ID and password in our sole discretion without notice or explanation.

User generated content

In these terms of use, user content means material including without limitation text, images, audio material, video material, audio, photo material, any kind of other material or any kind of information and audio-visual material that you submit to Joblisting website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence for any information and any content to use, reproduce, adapt, publish, translate and distribute, re-distribute or use for communication purpose with third parties and or elsewhere your and or your company content in any existing or future media.  You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your and or your company content will comply with these terms of use as well as comply with Joblisting website Privacy.

Your or your company information and content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party in each case under any applicable law.   

You or your company information, shared content, content and its publication on Joblisting website must not:

1)    be libellous or maliciously false;

2)    be obscene or indecent;

3)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

4)    infringe any right of confidence, right of privacy, or right under data protection legislation;

5)    constitute negligent advice or contain any negligent statement;

6)    constitute an incitement to commit a crime;

7)    be in contempt of any court, or in breach of any court order;

8)    be in breach of racial or religious hatred or discrimination legislation;

9)    be promoting any racism activity; 

10)    be blasphemous;

11) be in breach of official secrets legislation;

12) be in breach of any contractual obligation owed to any person or to any entity;

13) depict violence in an explicit, graphic or gratuitous manner;

14) be pornographic or sexually explicit;

15) be untrue, false, inaccurate or misleading;

16) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

17) constitute spam (SPAM);

18) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or

19) cause annoyance, inconvenience or needless anxiety to any person or to any entity.

You or your company information, shared content, content must be appropriate, civil, and tasteful and accord with generally accepted standards of etiquette and behaviour on the Internet.

You must not use Joblisting website to link to any website or web page consisting of or containing material that would or are breaching the provisions of these terms of use and are objectionable nature. 

You or your company must not submit any content to any website that is or has ever been the subject of any threat or legal proceedings or other similar complaint.

We reserve the right to edit, block or remove any material submitted to Joblisting website, or stored on Joblisting website servers, or hosted or published upon Joblisting website.

Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on Joblisting website.

Limited warranties

You acknowledge that some of the information published and shared content on the Joblisting website is submitted by different users, companies and individuals, and that we do not usually review, approve or edit such information or shared content. We do not warrant the completeness or accuracy of the information published and shared content on the Joblisting website; nor do we commit to ensuring that the Joblisting website remains available or that the material on the Joblisting website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to the Joblisting website and the use of the Joblisting website including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

Limitations and exclusions of liability

Nothing in these terms of use will: (a) limit or exclude your liability for death or personal injury resulting from negligence; (b) limit or exclude your liability for fraud or fraudulent misrepresentation; (c) limit any of your liabilities in any way that is not permitted under applicable law; or (d) exclude any of your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort including negligence and for breach of statutory duty.

To the extent that the Joblisting website and the information and services on the Joblisting website are provided with charge or free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you, to your company or to any entity in respect of any losses arising out of any event or events.

We will not be liable to you, to your company or to any entity in respect of any business losses, loss of any information, loss of published content, loss of shared content, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, non-commercial opportunities or goodwill.

We will not be liable to you, to your company or to any entity in respect of any kind of loss or corruption of any data, database or software. 

We will not be liable to you, to your company or to any entity in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal and or commercial liability of our officers, employees and or of our entities.  Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally or commercially against any of our individual officers, employees or against any of our entities in respect of any losses you or your company suffers in connection with the Joblisting website or these terms of use.  This will, also, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees and of our entities.

You agree to the publication of any information, any shared content, any content, connections, and messages, any kind of communication, comments, reviews and/or feedback relating to you, to your company by others, on the Joblisting website. You acknowledge that such content, connections, messages, any kind of communication, comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such content, connections, messages, any kind of communication, comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such content, connections, messages, any kind of communication, comments, reviews and/or feedback. 

You agree without any doubt and authorize us that time to time we will send you any kind of transactional or relationship content and or any kind of transactional or relationship messages to communicate with you about our, our partners’/affiliates’ and or users’ product and or services related to your and or to your company account and related to your interest.

Indemnity

You and or your company hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers incurred or suffered by us arising out of any breach by you or your company of any provision of these terms of use, or arising out of any claim that you and or your company have breached any provision of these terms of use.

Breaches of these terms of use

Without prejudice to our other rights under these terms of use, if you including for the avoidance of doubt jobseekers, individuals and companies, employers, recruiters, partners and entities breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

1)    send you one or more formal warnings;

2)    temporarily suspend your access to the Joblisting website without formal warnings;

3)    permanently prohibit you from accessing the Joblisting website without formal warnings;

4)    block computers using your IP address from accessing the Joblisting website;

5)    contact your Internet services provider and request that they block your access to the Joblisting website without formal warnings;  

6)    bring court proceedings against you for breach of contract or otherwise;

7)    suspend and/or delete your account with the Joblisting website without formal warnings; and/or

8)    delete and/or edit any or all of your or your company’s any of public, shared content, or non-public content and information.

Where we suspend or prohibit or block your access to Joblisting website or a part of Joblisting website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

Third party websites

Joblisting website includes hyperlinks to other websites owned and operated by third parties.  These links are not recommendations.  We have no control over any contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Trade marks

Our logos and trademarks belonging to us.  We give no permission for the use of these logos and trademarks and without our written permission, such use will constitute an infringement of copyrights and our rights. 

The other registered and unregistered trademarks or service marks on Joblisting website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we do not grant any licence to exercise such rights.

Competitions

From time to time we may run competitions, free prize draws and/or other promotions on Joblisting website according to law. These might be subject to additional terms and conditions that we might make available to you as appropriate.

Variation

We may revise terms of use from time-to-time.  Revised terms of use will apply to the use of Joblisting website from the date of the publication of the revised terms of use on Joblisting website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, change ownership, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations of any information, shared content and or any content published on Joblisting website under these terms of use. 

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable and if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Exclusion of third party rights

Third party rights and exercise of your rights in relation to these terms of use is subject to Joblisting website Privacy.

Entire agreement

These terms of use, together with our Privacy, constitute the entire agreement between you and us in relation to your use of Joblisting website, and supersede all previous agreements in respect of your use of the Joblisting website.

Law and jurisdiction

These terms of use will be governed by and construed in accordance with State of Californian, United States law, and any disputes relating to these terms of use will be subject to the jurisdiction of the courts of State of Californian, United States and subject to any courts jurisdictions which we select.

Registrations and authorisations

We are registered with the State of Californian, United States.  You can find online version of the register at http://kepler.sos.ca.gov/ and our registration number is C3507950.

Our details

The full name of our company is Joblisting, Inc. 

We are located at: 340 S Lemon Ave, Walnut, CA 91789, US. 

You can contact us by email to support@joblisting.com

Opinion Disclaimer

The views and opinions expressed on Joblisting website are those of the authors and do not necessarily reflect the official policy or position of of Joblisting website. Any content published, shared, provided by companies, employers, recruiters, partners, entities, jobseekers and individuals and others is of  their opinion, and is not intended to malign any religion, ethnic group, club, organization, company, individual or anyone or anything.

 

PART B: JOBSEEKERS and INDIVIDUALS

Registering as a jobseeker or as an individual with Joblisting website

In order to register free-of-charge or with charge as a jobseeker or as an individual with Joblisting website, you will need to follow the registration process by creating an account.

Jobseeker or an individual warranties and undertakings

By registering as a jobseeker or as an individual with Joblisting website, you warrant that all information you provide to us and to any registered individual, company, employer, recruiter, partner or to any entity via or in relation to Joblisting website including without limitation all information including information in your CV and or in profile is true, accurate, fair and complete, not misleading and you undertake to keep all such information up-to-date at all times.

After registration, we provide each jobseeker and an individual with a login and password to enable them to access restricted areas of Joblisting website.  Jobseekers and individuals must ensure that their login and password details are kept confidential.   

Jobseekers and individuals must change their password at Joblisting website immediately if they become aware of any unauthorised use of their login or password details. 

Jobseekers and individuals are responsible for any activity on Joblisting website arising out of any failure to keep login details and passwords confidential, and may be held liable for any losses arising out of such a failure.

A jobseeker and an individual must not use any other person's user ID and password to access Joblisting website, unless they have that person's express permission to do so.

Services for Jobseekers and for individuals

Registered jobseekers and individuals of Joblisting website may have access to additional Joblisting website areas and features which we will determine in our sole discretion which may include:

1)    the facility to upload a CV, profile, any information, shared content, any content and/or contacts  into our database, to enable registered jobseekers, individuals, companies, employers, recruiters, partners or any entity to connect, send message, search for the CV/profile, assess whether the jobseeker and individual may be suitable for a role, connection, message, any communication and contact the jobseeker and or individual where appropriate;

2)    the facility to limit the disclosure of confidential information to jobseekers, individuals, companies, employers, recruiters, partners and entities;

3)    a facility to enable the jobseeker and or individual to receive email alerts, any communication, newsletters, notice of competitions, and/or other email notifications from us.

Your relationship with jobseekers, individuals, companies, employers, recruiters, partners and entities

You acknowledge that we provide a facility to enable jobseekers, individuals, companies, employers, recruiters, partners and entities to connect with each other, send message to each other, communicate with each other, download resumes, download CVs, and that we do not vet or monitor the jobseekers, individuals, companies, employers, recruiters, partners and entities who perform such activity, advertise or promote their service on Joblisting website, and you agree that you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense that you suffer arising out of any actions including omissions of a jobseeker, an individual, company, employer, recruiter, partner and any entity subject to these terms of use and Privacy.

Cancelling your account etc.

You may not be able to delete your account using the Joblisting website interface.

You acknowledge that the Joblisting website services may be provided free-of-charge or with charge, and that we may at any time, with or without notice or explanation, delete any information, any account, suspend or block any account and/or discontinue the Joblisting website and/or Joblisting website services.

 

PART C: COMPANIES, EMPLOYERS, RECRUITERS, PARTNERS AND ENTITIES

Registering as company, employer, recruiter, partner and entity with Joblisting website

In order to register as company, employer, recruiter, partner and entity with Joblisting website, you will need to follow the account creation process.

You will have the opportunity to identify and correct input errors prior to the account creation process.

We will not file a copy of these terms of use specifically in relation to each registered company, employer, recruiter, partner and entity separately. If we update these terms of use, the version to which you originally agreed will no longer be available on Joblisting website.  For this reason, we recommend that companies, employers, recruiters, partners and entities visit Joblisting website frequently to read these terms of use for future reference.

Jobseekers, Individuals, Companies, Employer, Recruiter, Partner and Entities charges

The charges payable by jobseekers, individuals, companies, employers, recruiters, partners and entities will be as set out on Joblisting website from time to time. 

All charges stated on the Joblisting website may or not include any tax.

You must pay to us the applicable charges in advance, in cleared funds, in accordance with the instructions on Joblisting website.

We may vary charges from time to time by posting new charges on Joblisting website.  However, such variations may not affect services that have already been paid for.

Companies, Employer, Recruiter, Partner and entity warranties and undertakings

By registering as company, employer, recruiter, partner or entity with Joblisting website, you warrant that all information you provide to us and to any jobseeker, individual, company, employer, recruiter, partner and entity via or in relation to Joblisting website including without limitation, all information in job, any advertisements, any shared content and any content for publication is true, accurate, fair and complete, and you undertake to keep all such information up-to-date at all times. We have full right to remove, modify and suspend or block any part or full of such information from Joblisting website immediately without advance notice.

We provide each company, employer, recruiter, partner and entity with a login and password to enable them to access restricted areas of Joblisting website.  Companies, employers, recruiters, partners and entities must ensure that their login and password details are kept confidential. 

Companies, employers, recruiters and partners must change their password at Joblisting website immediately if they become aware of any unauthorised use of their login or password details. 

Companies, employers, recruiters, partners and entities are responsible for any problem to their service on Joblisting website arising out of any failure to keep login details and passwords confidential, and may be held liable for any losses arising out of such a failure.

A company, employer, recruiter, partner or any entity must not use any other person's user ID and password to access Joblisting website, unless they have that person's express permission to do so.

Companies, employers, recruiters and partners undertake to ensure that all jobs, any advertisements, any shared content, any content for publication, any other promotions and information that they submit to the Joblisting website for publication are true, accurate, fair and complete for bona fide purpose and any job advertisement is for bona fide job, any content must not be miss leading and must not be objectionable. We will have full right to remove, modify, suspend or block unfair and objectionable content from Joblisting website immediately without advance notice.

When companies, employers, recruiters, partners and entities use our database of companies, employers, recruiters and partners, jobseekers and individuals, they must use it for bona fide purposes only; and companies, employers, recruiters, partners and entities must treat the information in our database as confidential, and must not copy any information from the database or record or retain any information from the database or re-distribute any information to any third party. However, companies, employers, recruiters and partners, jobseekers and individuals may use such information solely for their personal or for internal limited acceptable use only. Re-sale and or re-distribution (paid or unpaid) of such information without our written permission is prohibited at all.

Services for Companies, Employers, Recruiter, Partners and Entities

Companies, employers, recruiters and partners those have registered with Joblisting website have access to additional Joblisting website areas and features which we will determine in our sole discretion which may include:

1)    the ability to publish any content, publish any information, share content, post job or advertisements on Joblisting website;

2)    access any published content and information, download resumes and CV/profile, access to our database of companies, employers, recruiters and partners jobseekers, individuals, jobs and any advertisements, any shared content, any connections, any messages, any communication with companies, employers, recruiters, partners, entities, jobseekers and individuals;  

3)    any other services specified on Joblisting website from time to time.

These services for companies, employers, recruiters, partners and entities for any kind of published content may be accessed in such way, subject to such limitations and for such period, as may be specified on Joblisting website from time to time.

Your relationship with companies, employers, recruiters, partners, entities, jobseekers and individuals

You acknowledge that we provide a facility to enable companies, employers, recruiters, partners, entities, jobseekers and individuals to connect with each other, send messages to each other, communicate with each other, share content with each other, share information with each other and that we do not vet or monitor companies, employers, recruiters, partners, entities, jobseekers and individuals who perform any activity, share any content, publish any content, advertise or promote their service on Joblisting website, and you agree that you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense that you suffer arising out of any actions including omissions of a company, employer, recruiter, partner, entity, jobseeker and individual subject to these terms of use and Privacy.

Company, Employer, Recruiter, Partner and Entity warranties

The Joblisting website services are provided without any guarantees or warranty. In association with the service, Joblisting website makes no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of no infringement of third party rights. Use of the services by any company, employer, recruiter, partner, entity, jobseeker and individual is at their risk.

Cancelling your account

You may request to delete or remove your company’s, employer’s, recruiter’s, partner’s entity’s, jobseeker’s and individual’s account subject to our approval.

We may cancel, suspend, block and or remove your company’s, employer’s, recruiter’s, partner’s entity’s, jobseeker’s and individual’s account in accordance with these terms of use and  Privacy without cause and without advance notice.

As specified in the preceding paragraphs, companies, employers, recruiters, partners, entities, jobseekers and individuals will not be entitled to any payment or refund from us on the cancellation of companies’, employers’, recruiters’, partners’ entities’, jobseekers’ and individuals’ account(s) or any service(s) and or for any paid service.

Last Edited on December 21, 2015

All Rights Reserved. This document, or any portion of it, may not be copied or duplicated in any way without the written permission of Joblisting, Inc. www.joblisting.com