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Copyright Notice, Legal Disclaimer and General Terms - 18th June
2010
Welcome
to the JobsWanted.ie website. Whether you are an advertiser or another user of the
Website, access to or use of this website JobsWanted.ie (which includes our blog
and all pages consisting of or containing that address and any page that is enabled
for use by a mobile device) (the "Website" or "JobsWanted.ie") and
the provision of our advertising services on this Website are subject to you accepting
our Agreement. That Agreement consists of these Copyright Notice, Legal Disclaimer
and General Terms, the Advertising Terms and Conditions, our Privacy Policy our
Policies, all of which you should read carefully before you start to use the Website.
By accessing
and using this Website, you confirm that you have read, understand and accept that
Agreement and that you agree to abide by its terms and conditions each time you
access and use this Website. If you do not agree to all of this Agreement you should
not use this Website.
You
agree that we may change this Agreement at any time and any change will become effective
immediately once posted by us on the Website. Please check this Agreement from
time to time as your continued use of the Website means you accept the Agreement
on the Website at the time of your use.
1
Information About Us
The
Website and the JobsWanted service is a website operated by txtAjob.ie ("we", "us"
or "our"). We are incorporated in
2
Access to and Use of this Website and the JobsWanted Service
The
services which are made available on this Website by us from time to time will,
among other things, allow you to create, publish and manage written advertisements
for peoples skills, attributes and services for hire, advertisements of the provision
of services, contact other users of the Website; post comments on JobsWanted; search
our database for advertisements regarding a specific product, service, advertiser
and/or in a specific location; forward advertisements to people you know; invite
people you know to view the Website; download or copy the portions of the information,
data, text, sound, photographs, graphics, video, messages and other materials; or
view third party material(the "JobsWanted Service").
Subject
to this Agreement, you may use the Website for your own personal and commercial
or non-commercial use to create, publish and manage written advertisements for the
purpose of gaining employment or buisness; contact other users of the Website; post
comments on the JobsWanted blog; search our database for advertisements regarding
a specific product, service, advertisement and/or in a specific location; forward
advertisements to people you know; invite people you know to view the Website; view
third party advertisements; download or copy the portions of the information, data,
text, sound, photographs, graphics, video, messages and other materials available
via the JobsWanted Service; and ("Content")
and other items displayed on the Website.
This
Agreement applies to each visitor to, advertiser on and other user of our Website
and the JobsWanted Service.
Once
you have completed the process of submitting your advertisement we will send you
an email confirming receipt of your order for JobsWanted.ie Services, this email
does not constitute an acceptance of your order. Your order for posting an advertisement
on our Website will not be accepted and an agreement concluded between us and you
until the payment for JobsWanted.ie Services has been received by us. By submitting
your advertisement to us, you are deemed to have agreed to this Agreement.
Once
your advertisement is posted on the Website your request for our services cannot
be cancelled at that stage. Prior to the advertisement appear on the Website you
may cancel the advertisement by contacting us at info@JobsWanted.ie.
3
Using and Accessing the Website, Content and the JobsWanted Service
When
creating an advertisement on the Website you agree to provide accurate, current
and complete information and to promptly update the information you provide to us
when it changes. Please refer to our Advertising Terms & Conditions prior to
posting any advertisement.
We have
the right to disable, suspend or restrict any password, username, mobile number,
IP address or other method that we may allow to be used on the Website from time
to time to identify users (whether chosen by you or allocated by us) (a "User Identifier"),
at any time, at our discretion, including if, in our opinion, you have failed to
comply with any of the provisions of this Agreement.
You
may not: (i) enter, select, submit or use a false name or an email address owned
or controlled by another person with the intent to impersonate that person, (ii)
use a User Identifier without appropriate authorisations or rights or (iii) use
or submit a mobile number or email to us in respect of which you are not the registered
owner, bill-payer and or account holder. We reserve the right in our sole discretion
to refuse registration of, suspend or cancel a User Identifier's use or access rights
to the Website without notice. You shall be responsible for maintaining the confidentiality
of your User Identifier(s) and are fully responsible for all activities that occur
under your User Identifier in connection with this Agreement. Any User Identifiers
created by you or submitted for your access to the JobsWanted Service and Website
shall be for your personal use only and are non-transferable.
You
agree to (a) immediately notify us of any unauthorised use of your User Identifier
as registered on our Website or submitted to us by you, or any other related breach
of security and (b) if we from time to time allow you to login to restricted areas
of the Website using an User Identifier, ensure that you logout at the end of each
session following the instructions on the Website. We cannot and will not be liable
for any loss or damage arising from your failure to comply with this section.
If you
forget or lose your User Identifier details used for the purposes of accessing restricted
areas of the Website, you should request these from us by visiting the "Forgotten"
section of the Website.
As a
condition of your access and use of our Website and/or the JobsWanted Service, you
warrant to us that you have the right, authority and capacity to enter into and
be bound by this Agreement.
We have
no obligation to monitor or moderate any user's activity or use of our Website
and/or the JobsWanted Service, however we retain the right at all times to monitor,
retain and disclose any information as necessary to satisfy any applicable law,
regulation, legal process or regulatory authority request or to determine compliance
with this Agreement.
Without
any admission of liability, we may from time to time assess any possible risks for
users from third parties when they use the Website and/or the JobsWanted Service,
and we will decide in each case whether it is appropriate to use moderation or pre-approval
of advertisements on the Website (including what kind of moderation to use) in the
light of those risks. We expressly exclude our liability for any loss or damage
arising from the use of the Website and/or the JobsWanted Service by a user in contravention
of our Agreement, whether the service is moderated or not and whether or not an
advertisement has been reviewed by us prior to appearing on the Website.
We do
encourage the use by you of the "Report Ad" mechanism which we have placed on the
Website ,info@JobsWanted.ie which allows you to report any Content that is in breach
of this Agreement or in any other way objectionable.
The
use of the Website and/or the JobsWanted
Service by those under the legal working age (an individual under 16 years of age)
is subject to the consent of their parent or guardian and our contract is with the
parent or guardian, who is responsible for the minor's compliance. We advise parents
or guardians who permit minors to use the Website and/or the JobsWanted Service
that it is important that they communicate with minors about their safety online,
as moderation or vetting of advertisements is not guaranteed or foolproof. Minors
who are using any interactive service should be made aware of the potential risks
to them.
You
are responsible for making all arrangements necessary for you to have access to
our Website and/or the JobsWanted Service. You are also responsible for ensuring
that all persons who access our Website and/or the JobsWanted Service through your
internet connection, including any minors, are aware of these terms, and that they
comply with them.
Access
to our Website and/or the JobsWanted Service is permitted on a temporary basis,
and we reserve the right to at any time and without liability to withdraw, suspend
or amend any aspect or feature of the Website and/or the JobsWanted Service without
notice or liability.
4
Restrictions On Right to Use
You
agree that you shall not (and you agree not to allow any third party to):
5
Content Standards
These
provisions apply to any and all Content which you contribute to our Website and/or
the JobsWanted Service, and to any interactive services associated with it.
You
must comply with the spirit of the following standards as well as the letter. The
standards apply to each part of any Content as well as to its whole.
You
are solely responsible for any Content that you submit, publish or display on the
Website or transmit to other Website users.
You
are solely responsible for your advertisements listed on our Website. You understand
that all information publicly posted or privately transmitted through the Website
is the sole responsibility of the person from which such content originated and
that we will not be liable for any errors or omissions in any content or as a result
of any user's use of the Website. You understand that we cannot guarantee the identity
of any other users with whom you may interact in the course of using the JobsWanted
Service. Additionally, we cannot guarantee the authenticity of any data which users
may provide about themselves or relationships they may describe.
By posting
Content on the Website, you grant to us, and you represent and warrant that you
have the right to grant, us, our contractors, and the users of the Website an irrevocable,
perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license
to use, copy, publicly perform, digitally perform, publicly display, and distribute
such Content and to prepare derivative works of, or incorporate into other works,
such Content. This licence is non-exclusive, except you agree that we shall have
the exclusive right to exercise this license to the extent of combining your Content
with the Content of other users for purposes of constructing or populating a searchable
database of advertisements. You understand that this licence allows us to reformat,
excerpt, or translate any materials submitted by you.
The
following is a partial list of the criteria that Content must comply with. Content
must:
We do
not control the Content posted by users via the JobsWanted Service, including the
content of any advertisements or blog postings, and we do not guarantee the accuracy,
integrity or quality of such Content. You understand that by using the Website and/or
the JobsWanted Service, you may be exposed to Content that is offensive, indecent
or objectionable. You are responsible for complying with all laws applicable to
the Content you submit to the Website via the JobsWanted Service. We may refuse
any JobsWanted Service without prior notice to any user for any or no reason.
For
further information, please see our advertising terms and conditions.
6
Suspension and Termination
You
agree that we may, with or without cause, immediately delete your advertisement
[and terminate your access to the JobsWanted Service or User Identifier] without
prior notice at our sole discretion. The deletion or otherwise of an advertisement
should not be viewed as an indication of wrongdoing on the part of the advertiser.
Without
limiting the foregoing, the following may lead to a deletion by us of a user's advertisement
and/or termination of access to the JobsWanted Service (a) a breach of this Agreement,
(b) a request by law enforcement, Gardai / PSNI, police or other government agencies
about you or any Content that you have submitted to us, (c) a request by you (self-initiated
deletions), (d) unexpected technical issues or problems and (e) extended periods
of inactivity. Deletion of a user advertisement and termination of access to the
JobsWanted Service may result in the removal of all Content that we may decide to
delete. It may also result in preventing your further use of the Website or a User
Identifier, depending on the circumstances. Furthermore, you agree that all termination
of this Agreement or your use of the Website by us shall be made in our sole discretion
and that we shall not be liable to you nor any third party for any termination of
your account or access to the Website or removal of Content.
You
understand and agree that we may review and delete any advertisements, blog postings
or other Content that in our sole judgment breach this Agreement or which might
be offensive, illegal or that might violate the rights of, harm, or threaten the
safety of other users of our Website or us.
We reserve
the right to investigate and we will determine, in our discretion, whether there
has been a breach of this Agreement through your use of our Website and/or the JobsWanted
Service. When a breach of this agreement has occurred, we may take such action as
we deem appropriate.
Failure
by you to comply with this Agreement may result in our taking all or any of the
following actions:
We exclude
liability for actions taken in response to breaches of the content standards and
restrictions of use. The responses described in this Agreement are not limited,
and we may take any other action we reasonably deem appropriate.
7
Your Concerns and Complaints
If you
have any concerns about material which appears on our Website or if you believe
that Content posted on the Website breaches this Agreement or is in any other way
objectionable, please notify us through
info@JobsWanted.ie
mechanism on the Website or send a letter to JobsWanted.ie, 4 Brownsbarn Court,
Kingswood Dublin 22, Ireland specifying the full details of your concern or complaint,
specifying the reasons for your concern or complaint making clear reference to any
connected such Content.
If you
do not provide us with sufficient information, we may be unable to process your
complaint. We reserve the right to investigate and we will determine, in our discretion,
what action (if any) to take. You are solely responsible for your interactions with
other users of the Website. While we reserve the right to monitor or to intervene
in disputes between you and other users, we have no obligation to do so.
We will
make all reasonable endeavours to respond to complaints received as soon as possible,
and our aim is to respond to all complaints within one working day. However,
please note that from time to time it may take longer than one working day to deal
with complaints.
8
Disputes with Third Parties
You
must tell us immediately if anyone makes or threatens to make any claim or issue
legal proceedings against you relating to your use of the Website and/or the Josbswanted.ie
Service. You will, at our request, immediately stop the act complained of. If we
ask you to, you must confirm the details of the claim in writing. If you fail to
stop the act or acts complained of we reserve the tight to take any and all appropriate
action against you under the terms of the Agreement.
9
Payment for Advertisements
Publication
of an advertisement is subject to payment of a fee to JobsWanted.ie (the "Fee").
The Fee is set out on our Website and displayed to you in the course of you offering
to place an ad with us. The Fee for all JobsWanted.ie Services is quoted and
is payable in Euro. All prices are stated inclusive of valued added tax (VAT) at
the relevant rate.
This
Fee may be paid using CreditCard or through your telephone bill.
If you
choose to pay through your telephone bill, you will be provided with a telephone
number and an activation code upon placing your advertisement. You should call
this telephone number and enter the activation code. The total cost of the call
that is payable as our Fee is €2 (although calls from mobiles and from some landlines
may cost more), and this sum is charged to your telephone bill.
We are not responsible for the payment services provided by your telephone
company/ network service provider and you should separately review and confirm that
you are agreeable to their terms and separate charges prior to instructing them
to pay us.
10
About Published Ads and Duration of the Ads
Ads
will be displayed for a period of one month on our Website once initially posted.
If you wish to extend this period you will be required to resubmit your request
for our JobsWanted.ie Service and to make a further payment for those services.
Content
which comprises advertising material will appear on the Website. Individual advertisers
are solely responsible for the content of the material which they submit to us including
ensuring that it complies with relevant legislation. We accept no responsibility
for the content of any business and/or advertising material, including, without
limitation, any error, omission or inaccuracy.
Please
note that the content of the published ads is provided by external users, and do
not represent any views or opinions of
JobsWanted.ie, nor should they purport to do so.
Accordingly,
we require that every care is taken by you or on your behalf in drafting the content
of your advertisements in order to ensure that they are not in any way defamatory,
illegal or in any other way harmful to a third party as you are solely responsible
as author and publisher of your advertisement.
Advertisements
published on JobsWanted.ie are also subject to our advertising terms and conditions.
11
Intellectual Property
We are
the owner or the licensee of all intellectual property rights in our Website and
the JobsWanted.ie Service, and in the Content published on it. Those works
are protected by copyright laws, trade mark laws, database laws and treaties around
the world. All such rights are reserved.
The
Website and the JobsWanted.ie Service (including, but not limited to, text, photographs,
graphics, video and audio Content) are protected by copyright as works, databases,
collective works and/or compilations under the copyright laws of Ireland, Northern
Ireland and other countries. All individual ads, articles, Content and other elements
comprising the Website and the JobsWanted.ie Service are also copyrighted works.
Except for the Content submitted by users, the Website, User Identifiers and the
JobsWanted.ie Service and all aspects of them, including all copyrights, trade marks,
and other intellectual property or proprietary rights, are owned by us or our licensors.
You acknowledge that the Website, User Identifiers and the JobsWanted.ie Service
and any underlying technology or software used in connection with the Website and
the JobsWanted.ie Service contains our proprietary information. You may not modify,
reproduce, distribute, create derivative works of, publicly display or in any way
exploit, any of the content, software, and/or materials available on the Website,
or the JobsWanted.ie Service in whole or in part except as expressly provided. Except
as expressly and unambiguously provided in this Agreement, we and our advertisers,
licensors or suppliers do not grant you any express or implied rights, and all rights
in the JobsWanted.ie Service not expressly granted by us to you are retained by
us or our licensors.
If it
is determined that you retain moral rights in the Content, you confirm and agree
that (a) you do not require that any personally identifying information be used
in connection with the Content, or any derivative works of or upgrades or updates
to the Content; (b) you have no objection to the publication, use, modification,
deletion and exploitation of the Content by us or our licensees, successors and
assigns; (c) you forever waive and agree not to claim or assert any entitlement
to any and all moral rights of an author in any of the Content; and (d) you forever
release us, and our licensees, successors and assigns, from any claims that you
could otherwise assert against us by virtue of any such moral rights.
We are
the proprietor of the Irish trade mark JobsWanted.ie (Logo) . All product or
service names mentioned on our Website are the trade marks of their respective owners,
and other trade marks may be displayed on our Website from time to time. Some
material on our Website may contain other information containing intellectual property
of a third party. Nothing displayed on our Website should be construed as granting
you any license or right of use of any logo, information or trade mark displayed
on it, without the express written permission of the relevant owner, except as expressly
provided in this Agreement.
You
may reproduce material from our Website for your own personal, non-commercial reference
and you may draw the attention of others to material posted on our Website. Reproduction
of material from our Website for other purposes is permitted, provided that the
source of the material is acknowledged. In particular, you must not cache any
of the contents for access by third parties, nor mirror, scrape or frame any of
the content of the Website, nor incorporate it into another website without our
express written permission. You may also permit your computer to make an electronically
stored, transient copy of the content on our Website for the purposes of viewing
it while connected to the internet only.
You
must not modify the paper or digital copies of any materials you have printed off
or downloaded in any way, and you must not use any illustrations, photographs, or
any graphics separately from any accompanying text.
Our
status (and that of any partners, advertisers or third parties identified on our
Website) as the authors of material on our Website must always be acknowledged by
you.
You
must not use any part of the Content on our Website for commercial purposes without
obtaining a licence to do so from us.
If you
print off, copy or download any part of our Website in breach of this Agreement,
your right to use our Website will cease immediately and you must, at our option,
return or destroy any copies of the materials that you have made.
12
Disclaimer of Liability
JobsWanted.ie
provides this Website and/or the JobsWanted Service on an "as is" basis
only. You should not rely on any Content and/or other material on our Website and/or
the JobsWanted Service to make (or refrain from making) any decision or to take
(or refrain from taking) any action on which reliance should be placed. We
disclaim all liability and responsibility arising from any reliance placed on such
Content and/or materials by any user of our Website and/or the JobsWanted Service,
or by anyone who may be informed of any of the Content. We accept no responsibility
for keeping the information in the Website and/or the JobsWanted Service up to date
or complete or liability for any failure to do so.
The
Content and other material displayed on our Website is provided without any guarantees,
conditions or warranties as to its accuracy. To the extent permitted by law,
we expressly exclude:
Nothing
in this Agreement shall exclude or limit our liability in relation to any damages
arising from death or personal injury caused by the negligence of JobsWanted.ie
or for fraudulent misrepresentation or misrepresentation as to a fundamental matter,
or any other liability which cannot be excluded or limited under applicable law.
We shall
not be liable for any failure to perform any of our obligations under this Agreement
caused by matters beyond our reasonable control. Under no circumstances will we
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, access to, or denial of access to any Content on the Website.
Although
we make all reasonable
endeavours
to ensure that the Website is free from viruses and defects, we will not be liable
for any loss or damage caused by a distributed denial-of-service attack, viruses,
malicious or impairing computer programs or other technologically harmful material
that may infect your computer equipment, computer programs, data or other proprietary
material due to your use of our Website and/or JobsWanted Service or to your downloading
of any material posted on it, or on any website linked to it.
We do
not guarantee the security of the online services or any systems connected with
the use of the Website (including the internet and your hardware and software) used
in accessing the services, or any information passed through such systems. We do
not guarantee access to the Website or any systems used in accessing our services
will be continuous or virus or error free.
Any
material downloaded or otherwise obtained through the use of the Website is done
at your own discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the download of
any such material. No advice or information, whether oral or written, obtained by
you from us or through or from the Website shall create any warranty not expressly
stated in this Agreement.
13
Indemnity
You
agree to indemnify and hold JobsWanted.ie, our parent txtAjob.ie, subsidiaries,
officers, directors, shareholders, employees, agents, licensors and suppliers harmless
from and against any claims, actions or demands, liabilities and settlements, including
without limitation, reasonable legal and accounting fees resulting from, or alleged
to result from, your access to or use of this Website, the Content or the JobsWanted
Service in a manner that breaches or is alleged to breach this Agreement, or the
infringement by you, or any third party using your user identification name or password,
of any intellectual property or other right of any person or entity.
14
Disclaimer of Endorsement
Content
on the Website referring to any products, process or service by trade name, trade
mark, manufacturer or otherwise, does not constitute or imply its endorsement, recommendation
or validation by us. We have not independently verified the accuracy of any description
of any goods or services advertised on the Website. The views, opinions and other
Content posted by users on this Website are not ours, shall not be attributed to
us by you and shall not be used by you for any advertising or product endorsement
purposes unless we expressly authorise it.
15
Uploading Content to Our Website
Whenever
you make use of a feature that allows you to upload Content to our Website, or to
make contact with other users of our Website, you must comply with this Agreement,
including our Privacy Policy. You warrant that any such Content does comply with
this Agreement, and you indemnify us for any breach of that warranty.
Any
Content you upload to our Website will be considered non-confidential and non-proprietary,
and we have the right to use, copy, distribute and disclose to third parties any
such material for any purpose. We also have the right, at our discretion, to disclose
your identity to any third party who is claiming that any Content posted or uploaded
by you to our Website constitutes a violation of their intellectual property rights,
or of their right to privacy.
16
Linking to Our Website
You
may link to our Website, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it, but you must not establish
a link in such a way as to suggest any form of association, approval, sponsorship
or endorsement on our part without our express written permission or in order to
directly compete with the Website and redirect traffic from it. You must not establish
a link from any website that is not owned by you.
We reserve
the right to withdraw linking permission without notice. Our Website (in whole
or in part) must not be framed on any other website or in any other way altered
or displayed in a different manner to the manner which we display it.
If you
wish to make any use of material on our Website other than in the manner that is
in this Agreement, including as set out above please contact us at info@JobsWanted.ie
17
Links from Our Website
Where
our Website contains links to other websites and resources provided by Banner Advertisers,
advertisers using our Website or other third parties, these links are provided for
your information only. We have no control over the contents of those websites
or resources, and we accept no responsibility for them or for any loss or damage
that may arise from your use of them. If you link to any such websites you
leave our Website and do so entirely at your own risk.
18
Contact From Us
In the
course of providing you services and in respect of your use of the Website, we may
need to communicate with you via email or the other details that you have submitted
to us. You agree to receive emails which are specific to your order and necessary
for the normal functioning of the Website, including emails which help inform users
about functionality of the Website.
19
Our Website Privacy Policy
We at
JobsWanted.ie respect your right to privacy and comply with our obligations under
the Data Protection Acts 1988 and 2003, as amended. The purpose of our Websites
Privacy Policy is to outline how we deal with any personal data you provide to us
while visiting this Website, and it forms part of our Agreement with. Naturally,
if you are not happy with our Website Privacy Policy you should not use this Website.
Any
external links to other websites are clearly identifiable as such, and we are not
responsible for the content or the privacy policies of these other websites.
20
Governing Law and Jurisdiction
This
Agreement shall be governed by, and construed in accordance with Irish law and any
dispute which may arise out of or in connection with this Agreement or the legal
relationship established by them, shall be subject to the exclusive jurisdiction
of the Irish Courts, although we retain the right to bring proceeding against you
for breach of this Agreement in your country of residence or any other relevant
country. The rights and remedies contained in this Agreement are cumulative
and not exclusive of rights or remedies provided by law.
21
Waiver
A failure
to exercise or delay in exercising a right or remedy provided by this Agreement
or by law does not constitute a waiver of the right or remedy or a waiver of other
rights or remedies. No single or partial exercise of a right or remedy provided
by this Agreement or by law prevents further exercise of that right or remedy or
the exercise of another right or remedy.
22
Severability
In the
event that any clause or any part of any clause in this Agreement is declared invalid
or unenforceable, by the judgment or decree by consent or otherwise of a court of
competent jurisdiction from whose decision no appeal is or can be taken, all other
provisions contained in this Agreement shall remain in full force and effect and
shall not be affected by such finding for the term of this Agreement.
23
Assignment and Entire Agreement
We may
assign or subcontract any or all of our rights and obligations of our Agreement
with you to a third party at any time, at our discretion. You may not, without
our prior written consent, assign or dispose of any of your rights or obligations
arising under this Agreement.
This
Agreement contains the entire agreement and understanding between the parties relating
to our Website, and supersedes any and all prior agreements, arrangements, statements
and understandings, except for any fraud or fraudulent representation by either
you or us. In the event of any inconsistency between the Privacy Policy and this
Copyright Notice and Legal Disclaimer then this Copyright Notice and Legal Disclaimer
takes priority.
25
Submissions
You
acknowledge and agree that any questions, comments, suggestions, ideas, feedback
and other information about the Website and/or the JobsWanted Service provided by
you to us are non-confidential and may be used by us at our discretion.
Thank
you for visiting our Website.