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Terms Dated: 23/05/2018

The App is provided by JobsJet (we, us and our). Jobsjet is a Trading Name of JobzGenie Limited a  company registered in Northern Ireland and is subject to Northern Ireland law and jurisdiction.

JobsJet registered office is at:

JobzGenie Ltd

39 Dargan Road

Belfast

BT3 9JU

 

BY DOWNLOADING, ACCESSING AND/OR USING THE APP, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP, AND YOU SHOULD NOT [CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT] PROCEED FURTHER.

We reserve the right to change the terms of this EULA from time to time by notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the App. These terms and conditions were last updated on 15th June 2016].

We reserve all rights to alter the terms and conditions of this EULA should we deem it reasonable to do so. If we make a change we will notify you accordingly via the app or other electronic or physical notification such as a system message, email or some form of print medium.

The terms were last updated 14 May 2018.

General Use of Platform and Service

JobsJet is designed and intended for the purpose of facilitating the opportunity  employment for seeking users (“Users”) through creation of profiles on the JobsJet electronic platform (“JobsJet”)

Employers with available roles (“Employers”) will use JobsJet as a talent acquisition marketplace to discover talent and skills for their businesses from the database of Users added to the platform.

JobsJet is a software based platform (“Platform”) designed to provide a service (“Service”) for any individual or entity accessing the platform to post a job or talent requirement and/ or for the purpose of talent registering to seeking employment with an Employer advertising a post or position on the Service. You may use the Platform and Service only within the stated context of JobsJet’s acceptable use policy.

JobsJet is the sole determinant of the Acceptable use of the platform and such acceptable use is documented within these terms and condition. If you are downloading, accessing or using the Service on behalf of an entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf, and that such entity agrees to take responsibility for use of the Platform and Service in compliance with all the terms of this Agreement and fully indemnify JobsJet for your violation of this Agreement.

The profiles of Users and Employers contained in JobsJet’s search results are created by individuals and entities over whom JobsJet exercises no control. We cannot guarantee that Users or Employers are who they claim or represent themselves to be. We do not confirm the accuracy or completeness or any Job Listing or other information submitted by any User or Employer, including their identity.  JobsJet acts only as a talent acquisition platform facilitating the posting of Employer profiles, job and talent requirements, uploading of supporting documentations and presenting personal data in electronic form within the sections provided and under the terms of this agreement.

JobsJet assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing or other data and/or information available on the Platform.

JobsJet does not verify, endorse or otherwise vouch for any User or Employer. JobsJet makes no representation concerning a User’s or an Employer’s qualifications, claims or representations, nor does it sanction potential Users or Employers in any manner.

Nudging Feature

Nudging is the feature designed and intended to allow users to use the JobsJet platform to generate a system message confirming their interest in working with them in accordance with the details included and incorporated in a job or talent acquisition advertisement. A nudge does not in any implied or explicit manner, guarantee a response of any kind from the receiving Employer once given or received. You agree that JobsJet or its agents will not be held responsible in any manner for any such lack of communication or non-responsiveness by an Employer. Nudging is designed and intended as a specific and accelerated way to notify Employers of the availability and suitability of a user’s talent for a role and/or its stated requirements , all other things being equal.

Employers can access the availability of suitable candidates for their roles from the Users on JobsJet by means of the nudge feature. Employers are not obligated in any implied or explicit way to engage with a User’s nudge and full autonomy exists as to whether or not to respond to a user’s nudge.

Handshaking Feature

The Handshake feature is presented as a way to engage Users with requiring and Employers with a mutual interest in each other on the platform. A Handshake carried out by either or both a User and and Employer constitutes only a “gentleman’s agreement” and is not in any implied or explicit way  legally binding or enforceable.

Handshaking is intended purely as an accelerated engagement service preluding the entry into any and all formal and legal processes of any such requiring Employers, with a view to an agreement of terms and the issuance and acceptance of contracts. All such contract negotiations and formalised processes will take place outside of the JobsJet platform fully and entirely.

Matching Feature and the JobsJet Engine

Matching is based on the information entered by both the User and the Employer in respect of preferences and requirements and all other criteria used in the User’s selection process of finding, applying for or advertising a role as an Employer in shortlisting applicants or candidates sourced via the Platform. No warranty or guarantee exists, is provided nor implied that a match of an Employer’s requirements with a User’s preferences, Skills, Experience or other criteria, will happen or take place.  The matching is carried out by the JobsJet Engine which determines the results delivered to each party and happens on a best endeavours basis. If a match is made then this is based on the common appearance of key criteria and data between User profiles and Employer’s posted advertisements. This is determined in a fully automated and algorithmic manner by the engine and is entirely dependent upon the data offered and input into the system by both the User and the Employer. The results created are offered on a best endeavours basis in line with the intended design and expected capabilities of the platform.

In the event of a dispute at any stage between any User or Employer,  JobsJet will be indemnified and held harmless for any contributing factor or issue arising out of or in any way connected with such disputes (including  but not exhaustively, the recovery of legal costs on a solicitor own client basis).

For Employers

Employers having accepted the EULA and using the app and platform under the acceptable use policy are offered the use of facilities and services with the purpose of talent acquisition from the signed up User community. In so doing the service presents options to post, create and upload content and supporting materials for the purpose of advertising available roles and positions for vacancies that exist within the organisation posting the requirement and advertisement. 

The posting of these requirements and available vacancies requires the Employer to select a specific post or advert type. These are differentiated according to a number of criteria including but not limited to; visibility of matched talent, frequency of matches occurring throughout each day and priority required for a talent match to be made (such as a worker failing to turn up for a shift and a  replacement is needed to carry out the functions of the business)

The differentiated levels of job post advertisements vary from no cost (free) to paid premium and depending on the option selected may require the addition of a means of electronic payment and or/credits.

Electronic payments

The nature of posting ads and the frequency and urgency of the results desired allow the Employer the autonomy to select a suitable and affordable post advert type for each role or vacancy to be advertised.  Employers selecting paid and premium post advert types and priority matching routines will be required to include details of a valid credit or debit card tied or attached to an account with sufficient funds for the intended operation or process.  Cards as referred to herein are assumed and required to be attached to an account for the purposes of accessing and providing funding for the services platform and app.

Invalid cards

Invalid cards cannot be used on JobsJet. Invalid cards include but not exhaustively; cards not tied to the account address, cards that are not in the name of the cardholder, cards that are reported and/or known to be stolen or lost and are flagged by the payment processing engine, cards that have expired or where the expiry date happens too close as to effectively disallowing the required payment processor to process the payment successfully. From time to time there may be other criteria presented or required by third parties acting as or providing services as payment processors. In such cases this may affect the use of a card or card account if deemed to be contravening the payment processor’s terms and conditions and acceptable use policy.

Our Payment processor is RealEx (www.realex.com) and their terms and conditions can be found here.(INSERT)

Insufficient funds

If the card account added has insufficient funds at the time of payment processing then this card cannot be used on JobsJet until the balance is restored or amended to provide sufficient funds to carry out the individual transaction/s and operation/s required. At the time of posting an advert with insufficient funds the job post will be dependent entirely on the acceptance of the transaction by the third party payment processor and will be allowed/disallowed accordingly.

Notification of payment failure

If disallowed, the system will present a visible notification via the platform to notify the Employer that the payment was not accepted.

Where no method of payment is present

If an account is left with no payment method present, the account will remain active and in use but restricted from any premium or paid features, unless and up to where a payment method is subsequently introduced.  Having no method of payment does not and will not trigger or represent account termination for the Employer. An Employer can be assigned or gifted Credits for spending on premium features which will allow such premium features to be accessed even if no suitable payment method such as a card account is present.

Credits

Credits are created and distributed by JobsJet solely and are intended as introductory offers and familiarisation for Employers signing up to make premium job advert post types. Credits can be added or removed by JobsJet fully and entirely at our discretion. There are no rights of notice in place, provided or implied by us to issue or cancel Credits, however we will try to do this on a best endeavours basis where appropriate. Credits are exchangeable solely for privileges and premium features on and restricted to, the JobsJet platform and have no cash or exchange value outside of this intended purpose. No mechanism or facility is provided to allow any such exchange or unauthorised use of Credits. Any resulting use or exchange of Credits without the express permission or approval of JobsJet is deemed to be unauthorised and the Credits affected will be removed immediately, without notice and without the need for any compensation of any form. This is a direct contravention of the terms of the EULA and may result in an account being cancelled or suspended.

Access to the App

The App refers to all access media by which the service and platform is accessed on any electronic device to include but not limited to smartphone apps, mobile website, desktop website and any other form presenting the platform or results created by the platform in any electronic or visible or interactive format.

The App may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the App you wish to download and/or access and use.

Technical Specifications for the app

Technical specifications for the performance of the app or platform are presented as guidelines and in no implied or explicit manner warranty or guarantee the smooth and efficient performance of the app on your available, selected or in-use device. The technical specifications are based on all the criteria applied during the design and development of the app and are affected by the requirements and further technical specifications of a number of third parties to include but not exhaustively ;device manufacturers, developer environment publishers, browser software providers and those entities responsible for the control and entry criteria for online app stores and/or repositories. These third parties are all factors outside of the control of JobsJet and as a result no express or implied guarantee can exist for changes or the resulting effects of such changes to the manner in which the App or platform performs for Users and Employers. JobsJet are entirely and completely indemnified against any claims by any party arising as a result of changes to any such third party condition, specification or criteria whether expressly mentioned in this agreement or not.

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. You accept responsibility, in accordance with this EULA, for all access to, and use of, the App by you on any device, whether or not it is owned by you.

If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) for accessing or using the App, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of this EULA or if any details you provide for the purposes of registering as a Worker prove to be false.

Acceptable Use

You may only use the App in accordance with this EULA (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, that App) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

Subject to the following sections, you may retrieve and display content from the App on a computer or mobile device and store that App in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in this EULA, you are not allowed to:

• republish, redistribute or re-transmit the App;

• recreate, duplicate, alter, mark up or attempt to reverse engineer any aspect of the App or platform or content presented or stored on it.

• copy or store the App other than for your use as permitted by these terms and conditions and as may occur incidentally in the normal course of use of your browser or mobile device;

• store the App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the App;

• remove or change any content of the App other than User Content or attempt to circumvent security or interfere with the proper working of the App or any servers on which it is hosted;

• use the App in a way that might damage our name or reputation or that of any of our affiliates; or

• otherwise do anything that it is not expressly permitted by this EULA.

All rights granted to you under this EULA will terminate immediately in the event that you are in breach of any of them.

To do anything with the App that is not expressly permitted by this EULA, you will need a separate licence from us. Please contact us, using details at the end of this EULA.

Third party platform providers and application stores

Certain third party platform providers with whose devices and/or operating systems the App has been designed to be compatible oblige us to include certain additional provisions in this EULA. These are set out at the end of this EULA under Additional third party terms. These provisions come from the relevant third party platform providers, not us.

Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.

Intellectual property rights

We license, but do not sell, to you the App you download. We remain the owners of the App at all times.

All intellectual property rights in the App and in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos), other than User Content, are owned by us or our licensors. Except as expressly set out here, nothing in this EULA gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App.

The App may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the App contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under this EULA, and you accept and agree to be bound by such Open Source Licence Terms. A copy of the source code for any Open Source Software contained in the App and the relevant Open Source Licence Terms will be made available to you upon request.

Functionality and content

You agree that downloading, accessing and use of the App that is made available for download free of charge is on an ‘as is’ and ‘as available’ basis and at your sole risk.

We reserve the right to change the design, features and/or functionality of the App by making the updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.

Where the App makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the App, with or without notice to you, if we need to do so for security, legal or, unless that content is part of a subscription you have paid for, any other reasons.

Whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that the App may make content available which is derived from a number of sources (including from Providers), for which we are not responsible. In all cases, information made available by the App is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except as expressly set out in this EULA, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.

We cannot and do not guarantee that the App or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the App and its content.

Your personal information

Use of your personal information submitted to us is governed by our Privacy Policy.

User content

The App may, from time to time, allow you to submit user-generated content (User Content) and may also allow you to communicate that content, either to selected recipients or in public or semi-public areas, such as comments pages, chat rooms, and/or message boards (collectively User Content Areas). We do not control User Content submitted, nor are User Content Areas actively moderated. You are solely responsible for User Content as submitted by you and acknowledge that all User Content expresses the views of its respective authors, and not our views.

If you submit any User Content, you must:

• keep it relevant to the purpose of the User Content Area to which you submit it and the nature of any topic;

• not submit any User Content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;

• not submit any User Content that contains any viruses and/or other code that has contaminating or destructive elements;

• not submit any User Content to a public or semi-public User Content Area containing any form of advertising; and

• not impersonate, or misrepresent an affiliation with, any person or entity.

You agree that, by submitting any User Content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Content.

Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you and/or to close any discussion topic, at any time without notice to you.

Complaints about the content of any User Content must be sent to [email protected] and must contain details of the specific User Content giving rise to the complaint.

External links

The App may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Our liability

Nothing in this EULA shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;

• for fraudulent misrepresentation;

• for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or

• for any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses or for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the sum of £5000.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

General

You may not transfer or assign any or all of your rights or obligations under this EULA.

All notices given by you to us must be given in writing to the address set out at the end of this EULA.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of this EULA is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of this EULA may be concluded in the English language only and that no public filing requirements apply.

These terms and conditions shall be governed by Northern Irish law. You agree that any dispute between you and us regarding them or the App will only be dealt with by the Northern Ireland courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

Termination

You have the right to cancel your agreement and account as held with JobsJet. If you wish to do this you do not have to provide notice whether written or in any other form. If you wish to do this, you should delete any information including all personal data or Employer’s data and job advert posts and any other information or section including information or settings supplied by you under the terms of the EULA. Users and Employers wishing to cancel should email [email protected] with their request and it should be carried out within 24 hours of you contacting us on a best endeavours basis. Please note that your account and all captured data from the registration process will be completely deleted from the JobsJet Servers and this process is entirely non-reversible.

Please submit any questions you have about this EULA or any complaint or concern in relation to the App by email to [email protected] or write to us at:

JobzGenie Ltd T/A JobsJet

39 Dargan Road

Belfast

BT3 9JU

 

 

Additional terms from third party platform providers

Apple

If the App that you download, access and/or use runs on Apple’s iOS operating system:

• that App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;

• you acknowledge and agree that:

 Apple has no obligation at all to provide any support or maintenance services in relation to that App. If you have any maintenance or support questions in relation to that App, please contact us, not Apple, using the Contacting us details in these terms;

 

except as otherwise expressly set out in these terms, any claims relating to the possession or use of that App are between you and us (and not between you, or anyone else, and Apple);

 in the event of any claim by a third party that your possession or use (in accordance with these terms) of that App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and

although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;

• you represent and warrant that:

 you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and

you are not listed on any United States Government list of prohibited or restricted parties; and

• if that App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of that App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to that App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to that App or as a result of you or anyone else using that App or relying on any of its content.