A. Terms and Conditions
1. By using the Services you also agree to be additionally bound by any terms and conditions as published on the Portals, which are applicable and hereby incorporated by reference into these Terms, in absence of such clauses in these Terms. The Services offered are subject to acceptance of all of the Terms and all other operating rules, policies, and procedures that may be published on the Portals by StaffPace, all terms of which are incorporated by reference herein and may be updated at any time by StaffPlace without notice. Therefore, each time each User accesses the Portals, such User is advised to review the Portals for any changes in terms and contact StaffPlace or your legal advisor with any questions or clarifications. The use of the Portals or any Services means binding acceptance of the Terms which apply and are in force at such time when you access the Portals or such Services. We therefore recommend that you periodically review these Terms for any changes or updates. In the event of a conflict between any other agreement and the Terms, the Terms shall control.
2. Users are all persons or companies that make use of the Portals or related Services (“Users”). The Portals are owned and operated by StaffPlace or one of our partners (“affiliates”), and are made available to Users seeking to receive details of job vacancies through the Portals (“Candidates”) and for Users which are businesses seeking to find Candidates through the Portals (or otherwise through services provided by us or one of our affiliates) (“Businesses”), each of whom shall be subject to these Terms.
3. Where you are a Candidate the "Additional Candidate Terms" shall also apply to you and form part of these Terms. Where you are a Business the "Additional Business Terms" shall also apply to you and form part of these Terms. Services may be offered or provided by us or by one of our affiliates. The use of certain Services offered through the Portals may be subject to specific terms and conditions which may substitute, complete and / or modify these Terms. Therefore, prior to the use of such Services, you must also carefully read and accept the corresponding terms and conditions for those Services.
4. If you are acting on behalf of a legal entity, you warrant that you have the right to enter into agreements on behalf of such legal entity. You are not eligible to use the Portals or related services if you are under 18 years of age. You are not eligible to use the Portals or related services if you have previously been suspended from using the Portals or related services (as a Candidate or a Business) for any reason until such time as a formal approval is granted by us to resume using the Portals or related services. We reserve (at any time, for any reason, without liability) the right to refuse use of the Portals or related services and to stop, cancel, pause, or delete any content or posting.
5. By using the Services, you are deemed to accept these Terms and any additional terms and conditions which specifically apply to the Services you choose to receive as a Candidate or a Business. If you do not agree to this, you may not use the Portals or receive any of the Services.
6. Some parts of the Portals shall only be accessible to registered Users. You can access your account by entering your username and password into the login fields on the applicable Portal homepage. It is your sole responsibility to keep your registration data secure. You agree to notify us immediately if your account becomes compromised. We reserve the right to terminate your account at any time due to breach of any portion of the Terms. In the case of non-compliance with the Terms or any other applicable policy and regulation, your accounts and/or postings may be temporarily suspended or permanently terminated, immediately and without notice, and without any liability to us.
7. By registering on the Portals, you give your valid consent to the Terms and all other documents and policies governing your relationship with StaffPlace. The use of an electronic version of the Terms fully satisfies any requirement that such documentation be provided to you and/or signed in writing, and the electronic version of the Terms is considered to be the true, complete, and enforceable record of our agreement, admissible in judicial or administrative proceedings as if the documents and records were in printed form.
8. StaffPace will cooperate with law enforcement authorities as required by applicable law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Portals or related services when requested.
B. Your use of the Portals
1. You agree that you shall not: a. use the Portals (or any part of the Portals) to upload or transmit content that is illegal, or to conduct illegal activities under any applicable law; b. upload or transmit content to the Portals (or any part of the Portals) that does not meet the quality standards established by us subject to our sole and absolute discretion; c. upload or transmit content to the Portals (or any part of the Portals) that violates the fundamental rights of individuals, is discourteous, offensive or that does not meet our guidelines on what is appropriate subject to our sole and absolute discretion; d. use the Portals (or any part of the Portals) for any illegal purpose or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity under any applicable law; e. upload, transmit or otherwise disseminate through the Portals (or any part of the Portals) : (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; (ii) any material which is defamatory, offensive, or of an obscene, vulgar, indecent or menacing character, or that may cause annoyance, inconvenience or needless anxiety, or have the effect of being harassing, threatening, abusive or hateful or that may otherwise degrade or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, as determined under our sole and absolute discretion; or (iii) any material which is copyrighted (unless you are the copyright owner or have permission of the copyright owner for such usage), or reveals trade secrets (unless you own them or have permission of the owner) or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; f. use the Portals (or any part of the Portals) in a way that may cause it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Portals is in any way impaired, including, without limitation, “overloading”, “flooding”, “spamming”, “mailbombing” or “crashing”; g. send unsolicited e-mail, including promotions or advertising of products or services; or h. access or attempt to access any part of the Portals that you are not authorized to access and you shall not penetrate or attempt to penetrate any of the Portals’ security measures.
2. You agree that, in the event that you have any right, claim or action against any User of the Portals arising out of that User's use of the Portals, you will pursue such right, claim or action independently of, and without recourse to, us. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Portals or endorse any opinions expressed via the Portals. You understand that by using the Portals, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will StaffPlace be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Portal or broadcast elsewhere. The Portals may include content such as advertisements or other content which may be targeted to Users on the Portals, queries made through the Portals or other information, and StaffPlace shall not accept any liability for the placement of any such advertising or similar content on the Portals or in connection with the display of content on the Portals whether submitted by you or others. Users agree that any reliance upon any content or information distributed through, posted on, or accessed from the Portals is at your sole risk.
C. Electronic communications
1. Acceptance of these Terms and/or any specific terms and conditions for use of any Services, implies your express authorization for us to send you the electronic communications indicated in the following paragraph to your home address, mobile phone and/or email address, or such other contact information we may have collected from you. Such authorization includes sending commercial and advertising communications related to products and services from us and other portals related to the Portals as well as third parties and their portals (including our affiliates). We currently send the following communications via email or mobile notification (together “Electronic Communications”): a. suggestions and job alerts; b. newsletters including such information as, but not limited to, tips for finding employment, reports and trends; c. commercial communications (for advertising, market research and commercial prospects).
2. We provide two methods, by which Users of our Services who so request, to enable or deny service of electronic communications, can simply and freely activate and deactivate them at the moment of registration or via their home menu inside the Portals. Users may also unsubscribe from the emails themselves at the bottom of the body of emails. To turn off notifications in the App you may do this from the options within your own mobile device.
3. By completing and sending the electronic registration form you consent to us sending Electronic Communications related to the field of training and employment. Sending these Electronic Communications will be done, in any case, by us without advertising companies or beneficiaries of advertising actions having any access to individual’s personal data.
D. Intellectual Property Rights
1. You acknowledge and agree that all title, right and interest (including without limitation all copyright, trademarks and all other intellectual property rights) in all material or content supplied as part of the Portals shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
2. You acknowledge and agree that the material and content contained in the Portals is made available for your personal, non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Portals is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, save, modify, reproduce, transmit, publish, display, distribute or use for any purposes, whether commercial or non-commercial, the Portals or any software and information contained within the Portals without our permission, except to the extent necessarily required in order for you to display, use and navigate the Portals. You agree not to decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, commercially exploit or create derivative works from the Portals.
3. By submitting information, text, photos, or other content to us via the Portals, you grant us a right to use such materials at our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Portals.
4. The texts, designs, images, audio, databases, logos, structure, trademarks and other elements of the Portals are protected by intellectual property rights and industrial rights of us and / or third party owners who have duly authorized their inclusion in the Portals.
5. All intellectual property rights related to the Services and / or the Portals remain the property of us or our affiliates or third parties who have licensed the use of such rights.
6. You may not reproduce, copy, modify, adapt, publish, transmit, distribute or otherwise commercially exploit any material which is the subject of intellectual property rights related to the Services and / or the Portals.
E. Links to and from other websites
1. You may establish links to the Portals from locations outside the Portals provided: (a) where linking to the Website, you link only to the home page of the Website; (b) you do not remove or obscure, advertisements, the copyright notice or other notices on the Portals; (c) you give us notice of such link by sending an e-mail message to us at firstname.lastname@example.org; (d) you do not link from a site or service that could be construed as distasteful or offensive (in our absolute and sole discretion) or a site which infringes any third party intellectual property rights; and (e) you immediately cease establishing links to the Portals, and remove such links, if notified by us to do so.
2. We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites or resources, including without limitation any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
3. You may not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing any or all of the content on the Portals (by spidering or otherwise) and you may not frame, harvest or scrape any of the content on the Portals or otherwise access such content for similar purposes.
F. Warranties and Limitation on Liability
Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence nor that of our employees or our agents.
2. We do not accept any liability for damage to your computer system or loss of data that results from your use of the Portals and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
3. Whilst we will use reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the information on the Portals will be free from errors or omissions.
4. Whilst we will use reasonable endeavours to ensure a reasonable standard of integrity and reliability of the Portals, we do not warrant that the Portals will be available uninterrupted and in a fully operating condition.
5. Access to the Portals may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
6. The Portals are provided on an “as is” and “as available” basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Portals, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
7. We will co-operate with any competent law enforcement authorities or court order requesting or directing us to disclose information about you or your use of the Services. There may be other circumstances in which we may, in our reasonable discretion, disclose information about you or your use of the Services following a request to do so by legal counsel in good faith in relation to a dispute with you or a third party.
8. StaffPace shall not resolve disputes between Candidate and Businesses. In the event of any dispute, such as a Candidate’s or Business’ alleged failure to comply with the Terms or alleged failure in fulfillment of a posting, StaffPlace may, in its sole discretion, provide the party’s contact information, and any other information that may be of assistance, to the other party. Any defaulting party shall respond promptly and truthfully to all questions posed by such non-defaulting party. The defaulting party shall work with the non-defaulting party to reach a mutually satisfactory resolution. StaffPlace may halt any posting, temporarily or permanently, in the event that the information any party provides at any time to the other party is deemed to be false, misrepresentative, fraudulent, unsubstantiated or in any way imperils the operation, safety or integrity of the Portals or related services or its Users.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of these Terms by you or any other liabilities arising out of your use of the Services, or the use by any other person accessing the Services using your account.
H. Security and Privacy
We have the right, but not the obligation, to monitor any activity and content associated with the Portals. We may investigate any reported violation of these Terms or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Portals).
I. StaffPlace Platforms
1. We do not warrant that (i) the Portals and / or Services will be available at all times, and that (ii) the Portals will be free of errors, viruses and / or other harmful applications.
2. We try to ensure continuous availability of the Portals and all Services, but accept no responsibility for the consequences of interruptions or delays, however caused.
3. We may alter the design and specification of the Portals or the nature of the Services at any time.
4. We are in continuous evolution and are continuously developing new tools that add value to our users. We may withdraw or add available Services from time to time.
5. You recognize that technically it is not possible to reach 100% performance and availability from the Portals. We will endeavour to keep the Portals as fully available as possible, however for reasons such as maintenance, security or capacity and upon the occurrence of events over which we cannot influence (including but not limited to anomalies of public communication networks, power outages or other reasons) brief anomalies or temporary suspension may occur interrupting access to the Portals or any of the Services in general.
If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining parts of these Terms.
K. Conflict of Terms
In the event of any conflict between the interpretation of these Terms and the interpretation of the [Candidate Engagement Terms] and/or the [Staffing Agency Terms] for any Users, these Terms shall prevail.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any part of these Terms.
M. Third Party Rights
Except insofar as these Terms expressly provide that a third party may in their own right enforce a term of these Terms, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Terms but this does not affect any right or remedy of a third party which exists or is available apart from under such statute.
N. Governing Law and Jurisdiction
These Terms and the provisions herein and all non-contractual obligations arising in any way whatsoever out of or in connection with these Terms will be construed in accordance with and governed by the laws of England and Wales without reference to its rules regarding conflicts of law. All disputes arising out of or related to the provisions herein or the use of the Portals or the content will be resolved by final and binding arbitration in Dubai, UAE before one neutral arbitrator in DIFC-LCIA (“DIFC-LCIA”). You consent to the personal jurisdiction of the DIFC-LCIA, and you agree that arbitration at the DIFC-LCIA is the sole venue for the resolution of any dispute between you and StaffPlace, although StaffPlace reserves the right to bring proceedings against you for the breach of any of the Terms in your country of residence or any other relevant country. Any dispute will be resolved under the then-applicable DIFC-LCIA rules and procedures. Arbitration costs and reasonable attorneys’ fees and costs of both parties shall be borne by the party that ultimately loses as determined by the arbitrator, who is to be selected by mutual agreement of the parties. An award by the arbitrator may be entered by any party in a court of competent jurisdiction.
In agreeing to arbitrate, you are giving up your right to have the dispute decided in a court of law before a judge or jury.
If you have any questions about these Terms or any other terms that apply to the Services that we offer you can write to us at email@example.com.
2. We treat any data collected by cookies as strictly confidential and we comply with all applicable laws with respect to our treatment and use of any such data.
3. We do not use "spamming " techniques and only process the data that you transmit through the electronic forms on the Portals.
4. What are cookies and how does StaffPlace use them?
We work with other websites that also may store cookies in our Users’ computers. These websites include but are not limited to Visual Website Optimizer, Facebook and Google Analytics.
Q. Disclaimer of warranty
To the fullest extent permissible by law, the portals and its content (including without limitation any information, documents, forms, resources, or referrals contained thereon or therein) are provided “as is” and without warranty of any kind. Users assume the risk of any and all damage or loss from the use of the portals or the content. To the maximum extent permitted by law, staffplace expressly disclaims any and all warranties, express or implied, regarding the portals and the content, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Staffplace and its affiliates and each of its affiliates’ directors, employees, managers, agents, contractors, partners, suppliers, and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the portals is free of viruses or other harmful components; or (d) the results of using the portals will meet your requirements. Your use of the portals is solely at your own risk.
R. Quality standards
Users represent and warrant that all content provided to the Portals meet certain standards to ensure the quality of the Portals and the integrity of its platform. To this end, as applicable, materials submitted by Users shall:
Contain all information for completion of required fields and data;
Be presented in a professional manner with visual clues and professional formatting;
Not contain any untrue statement of a material fact or omit to state a material fact;
Not contain any confidential information;
Contain clear data presentation;
Present a complete and accurate view of the Candidate;
Present a complete and accurate view of the Business;
Present a complete and accurate view of any posting;
Present a complete and accurate view of the Resume;
Use proper grammar, punctuation and spelling; and
Generally exercise the utmost professionalism appropriate to the Portals.
S. Policy browser
1. Our platforms are compatible with most popular browsers and follow the HTML 4.01 (loose) and CSS 2.1 W3C standards. If your browser is not supported, you can access the Website but you may have some display problems.
T. Proprietary Rights
1. StaffPlace or its licensors own and retain all proprietary rights in the Portals, its logo, and all material and information posted thereon. The Portals contain the copyrighted material, trademarks and other proprietary information of StaffPlace and its licensors. You may not alter, modify, publish, distribute, publicly display or sell any content or other such proprietary information, or otherwise copy or transmit any content or other such proprietary information without the express written permission of StaffPlace.
2. StaffPlace will remove infringing material if properly notified that such content infringes copyright.
By accessing the Portals, and by consenting to the Terms, you shall defend, indemnify, and hold harmless StaffPlace its affiliates, and each of its affiliates’ directors, employees, managers, agents, contractors, partners, attorneys, and suppliers from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Portals and content, violation of the Terms, violation of any law, rule or regulation, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. StaffPace reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with StaffPlace in asserting any available defenses. This defense and indemnification obligation will survive any expiration of any Terms and your use of the Portals.
V. Limitation of liability
1. In no event shall staffplace, its officers, directors, employees, partners, suppliers, content providers, attorneys, or agents, be liable to you under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service, for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
Lost profits, data loss, cost of procurement of substitute goods or services (however arising);
Errors, mistakes, or inaccuracies of content;
Offensive, indecent, or objectionable content from a variety of sources to which you are exposed by using our service. Staffplace is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content;
Defamatory, offensive, or illegal conduct of any third party;
Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
Losses caused by any unauthorized use of your account. You may be liable for the losses of staffplace or others due to such unauthorized use;
Interruption or cessation of transmission to or from our services, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our services by any third party, and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not staffplace is advised of the possibility of such damages; and
Decisions or interactions resulting (directly or indirectly) from participations in the services offered on the portals.
Additional candidate terms the following terms shall additionally apply specifically
to users that are candidates:
A. Your registration and right to cancel
If you are a Candidate you will need to register and create an account with us through the "I'm a Candidate" section of the Portals and submit your curriculum vitae or career summary (or other similar document and/or information) ("Resume") to the Portals.
In order to register and set up your account you must create a password which, in order to prevent fraud, you must keep confidential. If you know or suspect that someone else knows your password you should notify us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the Portals, we may require you to change your password or we may suspend your account.
Once you have registered, you may update your contact details, remove your Resume from the Portals or unsubscribe from vacancy alerts by accessing your profile section of the Portals.
You agree to ensure that your details provided on registration, and any information submitted through your account is true and not, in any respect, inaccurate, misleading, deceptive or likely to mislead or deceive.
During any periods when you are unavailable to be put forward as a Candidate for any job posting, you must make any content submitted to the Portals inactive by clicking the appropriate box on the "Create/Edit Resume" screen.
You agree to notify us immediately of any changes which are relevant to your registration by informing us through the Portals where possible or otherwise by contacting us by telephone on [+ XX] or by email at: firstname.lastname@example.org.
You may cancel your registration at any time by deleting your account from the Portals. This shall not affect your statutory rights.
B. Our rights following registration
By providing us with your personal information on registration, you agree that we and our affiliates may contact you during normal business hours by phone or email or other appropriate means regarding your account.
By submitting any content to the Portals, you grant us and our affiliates a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive, right and license to use, reproduce, modify, publish, translate, transmit, communicate, display or create any derivative works from such content. Where such content includes your Resume this will only be in relation to your use of the Services and in accordance with any additional terms and conditions which expressly apply to such Services. We reserve the right to make inactive or delete at any time and without prior notice any content on the Portals. In the event that we make inactive, or delete, any of your content on the Portals we shall use reasonable endeavours, but are not obliged, to contact you in advance.
We reserve the right to remove any content (including without limitation any Resume or information relating to a job posting) which we deem to be inaccurate, misleading, deceptive, likely to mislead or deceive or of an unacceptable standard, in our absolute and sole discretion.
We may suspend or cancel your registration immediately if you breach any of your obligations under these Terms or under any other terms and conditions which apply to any Services provided to you, or otherwise at our absolute and sole discretion.
We reserve the right, at our absolute and sole discretion, to pursue all of our legal remedies, including but not limited to deletion of your content (including without limitation any Resume) from the Portals and immediate termination of your registration with or without ability to access the Portals and/or any service provided to you by us, upon any breach by you of the Terms, the Candidate Engagement Terms or any other terms and conditions applicable to your use of any services provided by us or any of our affiliates, if we are unable to verify or authenticate any consent you submit to the Portals.
C. Available Services
1. As a Candidate you will have access to the following services:
Free Candidate registration to the Portals for introduction to companies included in the Portals;
Services and management tools for searches for job postings through the Portals;
To be capable of being searched for (according to the level of privacy selected) by companies through the database of candidates registered with us or any of our affiliates;
To be capable of being selected and proposed as an available candidate for specific job postings posted on the Portals;
Under the Employment Recommendations Service, the automatic and free-of-charge reception of offers from the Portals. We offer the possibility of being informed about job postings and employers that may better meet your needs in an online environment, in an agile and free-of-charge manner;
Updated online notifications of promotions on the field of recruitment and training;
Other services that we create and consider of interest to you as advice, training, professional networking, forums, access to third party services or those offered by other companies and third parties.
2. In order to register and set up your account you must create a password which, in order to prevent fraud, you must keep confidential. If you know or suspect that someone else knows your password you should notify us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the Portals, we may require you to change your password or we may suspend your account
3. Once you have registered, you may update your business details by accessing your account through the Portals.
4. You agree to ensure that your details provided on registration are true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive.
5. You agree to notify us immediately of any changes which are relevant to your registration by informing us through the Portals where possible or otherwise by contacting us by telephone on + [XX] or by email at: email@example.com.
6. You can cancel your registration at any time by deleting your account from the Portals. This shall not affect your statutory rights.
B. Your obligations
You are solely responsible for the form, completeness and accuracy of any content submitted to the Portals or to us.
You shall only submit content that is true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive.
Any and all job advertisements that you submit shall relate to specific and genuine job opportunities that were available at the time of posting.
By submitting content, you permit any User to view, store and reproduce such content for personal use.
You will ensure that all content submitted by you complies with all applicable laws, regulations, rules, orders and other requirements of governmental authorities having jurisdiction over the exercise of rights and the performance of obligations by any party under these Terms including but not limited to any applicable law requirements relating to labour, discrimination, privacy and other laws. You will also ensure that all content complies with the minimum requirements set out in any codes of conduct and/or regulations that we may publish and notify to you at any time.
C. Our rights following registration
By providing us with information about your business upon registration, you agree that we and our affiliates may contact you during normal business hours by phone or email or other appropriate means regarding your account.
By submitting any content to the Portals, you grant us and our affiliates a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive, right and license to use, reproduce, modify, publish, translate, transmit, communicate, display or create any derivative works from such content.
We reserve the right to remove any content (including without limitation any information relating to a job posting) which we deem to be inaccurate, misleading, deceptive, likely to mislead or deceive or of an unacceptable standard, in our absolute and sole discretion.
We may suspend or cancel your registration immediately if you breach any of your obligations under these Terms or under any other terms and conditions which apply to any Services provided to you, or otherwise at our absolute and sole discretion.
We reserve the right, at our sole and absolute discretion, to pursue all of our legal remedies, including but not limited to deletion of your content from the Portals and immediate termination of your registration with or without ability to access the Portals and/or any Service provided to you by us, upon any breach by you of the Terms, or any other terms and conditions applicable to your use of any services provided by us or any of our affiliates, if we are unable to verify or authenticate any consent you submit to the Portals.
D. Available Services
1. As a Business you will be able to access services in the following areas in the Portals:
“Post a Job”;
“Access to Candidates Profiles”.
2. As a Business we may also offer to you additional Services that are not immediately available to you on registration and for which you will need to apply and be granted access in order to use them. The availability of any additional Services will be at our discretion and may require additional approvals or verifications or conditions to be complied with before you are permitted to use them.
3. Where additional Services are made available, the specific terms relating to those Services
will also apply.
4. We may suspend or cancel your registration immediately if you breach any of your obligations under these Terms or under any other terms and conditions which apply to any Services provided to you, or otherwise at our absolute and sole discretion.
1. You agree to pay us the applicable prices for the Services provided to you as notified to you on the Portals.
2. Prices for any Services will be specified in the Portals or agreed separately with you by us.
All pricing is strictly confidential and shall not be disclosed by you to any other person.
3. We reserve the right to modify our prices at any time on our discretion. Advance notice shall be
given of any changes and no changes shall be applied retroactively.
1. All prices shall be exclusive of any and all withholding, sales, use, excise, consumption, VAT and other similar taxes or duties, levies, fees, assessments of whatsoever nature.
2. All invoices must be paid in full in accordance with the payment terms specified by us. In case of any delay in payment, we may suspend any or all of the Services until payment is received.
3. Without prejudice to any other rights, we may charge you interest for late payment of invoices in no case more than any maximum rates prescribed for under applicable law.
G. Warranties, Representations and Indemnity
1. You represent and warrant to us that:
You have the power and authority to enter into the Terms and grant all rights granted or purported to be granted and fully perform your obligations hereunder;
You have or will have obtained prior to transmission all necessary rights, consents, licenses, clearances and waivers in relation to the content (including without limitation any musical recordings and compositions contained in the content) to enable us to publish the content on the Portals and you shall be solely responsible for any and all payments due to third parties as a result of such publication;
No content will constitute an invitation or inducement to engage in investment activity within the meaning of securities laws applicable in any jurisdiction relevant to the Services or to you;
You shall not send, directly or indirectly, a cookie (being a packet or piece of data or other information sent by a web server to a client device, to be stored on that client device and which is sent back to that web server each time the client device makes additional requests from that webserver) to the device of any User who accesses the content, irrespective of whether any such device has been enabled by such User to receive cookies; and
You have complied with, and will comply at all times with, all relevant requirements of data protection and privacy laws in the jurisdictions within which the Services you use relate, and you have and will comply at all times with all relevant requirements of applicable law and best practices thereto in relation to obtaining, storing and use of personal data derived from using the Services, viewers of content or otherwise in connection with these Terms.
2. You shall indemnify on demand and hold us harmless from and against any and all losses, demands, claims, damages, costs, expenses (including consequential losses and loss of profit, legal costs and expenses and value added tax thereon) and liabilities suffered or incurred, directly or indirectly, by us in consequence of any breach, non-performance or non-observance by you of any of your obligations, warranties, representations and undertakings contained in these Terms, and/or the use, publication, reproduction or transmission of content on the Portals.
H. Termination of contract
1. Where we agree to provide Services, such agreement will end on the date agreed with you.
2. You may terminate the agreement for us to provide Services: a. at any time by notifying us through the Portals or in such other manner as we may specify, however you acknowledge and agree that:
No refunds for payments already made shall be given and any outstanding amounts owed to us shall remain payable with any late charges applicable; and
Any agreed discounts shall cease to apply; b. if we breach the terms and conditions of our agreement to provide Services to you and such breach cannot be rectified within ten days of your notification to us of such breach; c. if we become insolvent or go into liquidation.
3. We may terminate the agreement for us to provide Services if:
You are in breach of the Terms or the relevant terms and conditions applicable to the specific Services and such breach cannot be rectified within ten days of your being notified of such breach;
You become insolvent, cease to trade or go into liquidation; or
We cease to offer the relevant Services.
In the event of any termination or expiration of the Terms, the Business shall remain obligated and shall pay to us, within ten days of the termination or expiration date all unpaid compensation related to the Services provided up to such date.
I. Limitation of liability
1. Our aggregate liability in respect of any loss or damage suffered by you and arising out of or in connection with these Terms, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the amount of the fees actually paid by you to us for the Services during the year in which such loss or damage is suffered.
2. We shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for: a. any loss arising from or in connection with loss of revenues, profits, contracts, or business or failure to realize anticipated savings; b. any loss of goodwill or reputation; or c. any indirect or consequential losses suffered or incurred by you arising out of or in connection with any matter under these Terms.
3. Nothing in this clause shall limit our liability for death or personal injury resulting from our negligence or for fraud.
J. Publicity and job offers
1. You shall not without our prior consent claim any association with us or use our name, mark or logo or otherwise refer to us or our services or publish any information in connection with any job posting which has been published or is scheduled for publication.
2. We shall provide the Services using information and criteria supplied by you. It is your responsibility to provide accurate and updated information.
3. Job posting will be visible at most 24 hours after being received by our customer service team. We reserve the right to quarantine jobs for further review. In this case, if more than 24 hours delay the publication, you may request relevant explanation.
K. Conditions for publishing job postings
1. We wish to provide an excellent service to Candidates registered on the Portals. In order to provide the Services hereunder, we require the satisfaction of several conditions in order to consider job postings published by Businesses as valid. You must comply with these conditions, as may be notified to you at any time. Failure to follow these publication conditions may lead to the withdrawal of the affected job posting and, ultimately, deletion of your Business profile.
2. The conditions relating to the publishing of job postings include but are not limited to:
We do not accept intermediaries in the field of human resources or any company that is not ultimately responsible for hiring the Candidate;
We do not accept companies that only pay the employee in the form of commissions;
We do not accept affiliate networks that seek to increase its user database;
We do not accept companies that require any initial investment or payment of any kind from the Candidate;
We do not accept companies with multi-level sales schemes;
We do not accept companies whose job offers are not the real job being offered;
We do not accept companies whose commercial activity is related to sex, tarot, gambling, personal relationships, weapons or any other activity that may be considered illegal or immoral in our sole and absolute discretion;
We do not accept companies without valid tax ID or any other KYC information that we may require.
3. The conditions relating to the content of job postings include but are not limited to:
No duplicate job postings shall be accepted. A job posting is considered a duplicate when salary, location and position coincide according to our sole and absolute discretion;
If you have several vacancies for the same position and location, you must publish a unique posting, electing all Candidates required between applications received on the same posting;
If the job postings are duplicated repeatedly, StaffPlace has the right to close the Business account;
The description of the offer in the posting must be clear and must be descriptive. It is recommended to include at least: (i) a job title and business function; (ii) experience level required for the position; (iii) Candidate requirements; (iv) salary and working schedule;
The description of the offer in the posting should not include contact details such as address, email or phone number. If you repeatedly violate this rule we have the right to close your Business account.
4. The conditions relating to the interaction with Candidates are: a. Businesses should actively review
all their job postings, checking, sorting and contacting Candidates who have applied and are of interest. By "actively" we consider: (i) viewing the full profile of Candidates that have applied to the posting, (ii) processing Candidates (which may include moving them to the "Approved", "Rejected" or "Shortlisted" status) and (iii) getting in touch with Candidates through our messaging system; b. if there has been no activity within 72 hours from time of publication of the job posting, we may analyse the reasons for such inactivity to assess the possibility of closing the account. If this inactivity is repeated in a second occurrence, we may close the account in our sole and absolute discretion; c. it is recommended that Businesses maintain conversations via our messaging system with interested Candidates. These conversations shall in no case motivate the Candidate to continue the recruitment or engagement process other than through the Portals; d. you shall maintain polite, cordial and prompt contact with Candidates, never using offensive or inappropriate language.
5. Job postings that discriminate by gender, race or disability, or which are otherwise illegal (whether due to the nature of the qualifications required for the role or otherwise) are not allowed and may lead to proceedings against you. If we consider that a job posting may be discriminatory or illegal, we may, at our discretion, edit or delete the posting and you shall not be entitled to any refund of amounts paid or pending regarding the publication of such job posting. We are not liable to you or to any third party for any damages resulting from our publication of any job posting which is untrue, misleading, discriminatory, illegal or which in any other way breaches the requirements of these Terms or any other terms and conditions applicable to the Services.
L. Answer to job postings
1. You agree to deal fairly and professionally with Candidates and not do anything which may bring us or any of our affiliates into disrepute. In case there is any complaint by a Candidate against us as a result of breach of this obligation or any other clause that is part of these the Terms, we reserve the right to claim damages from you.
2. We do not guarantee in any manner any response to the job postings posted on the Portals or that the answers given by the Candidates are from people qualified for the position advertised. You are responsible for carrying out all the diligence, controls and procedures necessary to ensure that Candidates are suitable for the job advertised and that Candidates have the required qualifications and personal characteristics that fit the description provided.
M. Content and links
1. We reserve the right to edit the content of any job postings posted by you in the event that these contain contact details such as physical addresses, email addresses or phone numbers that encourage Candidates to continue interaction regarding the relevant job offer other than via the Portals or otherwise through us. We also have the right to edit job titles when it is considered that it may improve the recommendations or algorithm performance. We may also change any field which you have incorrectly completed.
2. We may withdraw any job posting that contains links to a web page that, in our sole and absolute opinion, is unlawful, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or that may affect our reputation. You will indemnify us from and against any claim or liability caused by the content of job postings or any links published as part of any job posting.
3. We do not own or endorse the photographic content that Users post on the Portals. As a user of the Portals, you are solely responsible for the any photographic content you submit. When uploading photos, you grant us a non-exclusive right and license to use, copy, re-use and distribute any photographic content at our discretion.
1. You agree to maintain strict confidentiality of any data or information provided by us to you, to which you have access and / or which comes to light as a result of your use of the Portals or our Services, including all information relating to technical expertise, know-how, methodologies, products, services, customers or our business activities and you will not allow such information to be transferred or made accessible to third parties without our express authorization ("Confidential Information").
2. You shall not use any Confidential Information except in connection with the performance of the Services provided to you by us, or make any announcement relating to our provision of any Services to you, without our prior written approval.
3. This obligation of confidentiality will be extended to your staff and / or any other person involved in your receipt of the Services.
4. The confidentiality obligations set out in this clause shall remain in force during the term of this agreement, and subsist indefinitely.
O. Data Protection
1. We declare that the personal data obtained under these Terms has been obtained under conformity with applicable law to solely use the data for the purpose for which data is delivered.
2. You shall be solely responsible for your compliance with any obligations regarding data protection in accordance with applicable laws relevant to your jurisdiction.
1. The content, layout, usability and format of the Portals may vary solely and exclusively at our discretion.
2. We do not guarantee that a chargeable Service will remain chargeable or that a free-of-charge Service will remain free-of-charge.
3. By submitting content to the Portals, or otherwise to us, you grant us and our affiliates a perpetual, irrevocable, royalty-free, non-exclusive, right and license to use, reproduce, modify, publish, translate, transmit, communicate, display or create any derivative work from such content. We reserve the right to inactivate or delete at any time and without notice, any content. Any acceptance by us of any content depends on the nature of the content, according to the Terms. If we disable or delete any content submitted by you, we will use reasonable endeavours to, but are not obliged, to contact you in advance.
4. We reserve the right to reclassify your search for the publication of postings in our database, if we believe that it is not formulated efficiently. We also reserve the right to temporarily or permanently remove any content that, in our opinion, is considered unsatisfactory for whatever reason.
5. We reserve the right, at our sole and absolute discretion, use all our legal remedies, including but not limited to, the removal of any content from the Portals and immediately terminate your registration with or without the ability to access the Portals and of the Services, if we are unable to verify or authenticate content sent to our Portals or otherwise provided to us.
6. We will use reasonable endeavours to publish all content submitted by you to us on the required date and relevant order but we do not accept any responsibility for any error or delay in publication or rejection of publication of content, for whatever reason.
7. We are not responsible for the publication, change, deletion, delay in publication or deletion of any content required by any competent authority with jurisdiction and responsibility for regulations on electronic and online advertising (including without limitation the authority of any government authority relating to advertising standards).
8. We are not responsible for the accuracy or reliability of the information contained in the Candidate or other profiles on our Portals.
9. Save unless otherwise stated in writing and agreed with us, no protection or assurances against proximity to competitors on the Portals is given by us.
10. In the event our publication of the Portals is restricted, curtailed or prevented by any law, regulation, guideline, code or any other act or thing beyond our control, we may at any time, notwithstanding anything contained in these Terms or any other terms and conditions applicable to the specific Services, terminate the Services in whole or in part without prejudice to our right to be paid by you any monies due at the date of such termination.
11. We reserve the right to forward contact details to any regulatory authority (including any law enforcement) when we are so required. We may also forward your contact information when a complaint regarding your use of the Portals or any of our Services appears and provided that such use is deemed inconsistent with these Terms or other applicable terms and conditions. Subject to this clause and others that may be required by law, we will not disclose your registration details to any third party without your consent.
1. We shall have no liability for any delay in or failure to perform any or all of our obligations under these Terms if the delay or failure arises from or is attributable to acts, events, omissions or accidents beyond our reasonable control including, without limitation, industrial disputes (where caused by events or circumstances which are themselves beyond our reasonable control), nuclear accident, war or terrorist activity, acts of God, civil commotion, compliance with any law, governmental order, rule, regulation, or direction, failure of technical facilities, accident, fire, flood, storm or default of counterparties or sub-contractors.
2. Any notice given under these Terms shall be in writing and served by hand, prepaid, recorded or special delivery post or prepaid international recorded airmail to the relevant addressee at the address given as part of the registration process, or such other address as the relevant party may designate to the other in writing from time to time. Any such notice shall be deemed to have been served at the time of delivery. For the avoidance of doubt, notice given under these Terms shall not be validly served if sent by email.