TheJobsDaily.com website is an online resource for posting and seeking employment opportunities and employees, owned and operated by TheJobsDaily, Inc.
1. Definitions
1.1) Company or TheJobsDaily.com: Shall refer to TheJobsDaily Corporation.
1.2) Employer the person(s) who have signed a Service Agreement for use of the Jobsite Site and Services;
1.3) Applicant: a Candidate who applies for a vacancy advertised on the Site;
1.4) Service: Shall include any service provided by the Company including, but not limited to:
the benefit of online recruitment advertising;
the benefit of online resume search access;
providing the Employer with access to our recruitment system;
providing the Employer with any other ancillary recruitment services including job banners, design and posting support services in accordance with the terms and conditions hereunder.
1.5) Jobs-by-Email: an enhancement of Jobs-by-Email which matches and sends individual Applicants career opportunities via email to Applicants who have subscribed to the Jobs-By-Email service;
1.6) Advertisement any Advertisement issued by TheJobsDaily on behalf of the Employer;
2. The Company shall:
2.1) comply with all applicable laws and regulations with respect to the provision of the Service.
2.2) make every effort to publish advertisements on the website within the reasonable business timeframe. For advertisements posted directly by the Employer, this will generally occur within one business day. TheJobsDaily.com is not liable for any loss or damage incurred by the Employer as a result of any failure or delay in publishing an advertisement.
2.3) make every effort to avoid errors in advertisements. However, TheJobsDaily.com accepts no responsibility or liability for any errors and requires that the Employer check their advertisements for errors as soon as they are placed. Any errors may be edited within one business day from notice by the Employer.
2.4) undertake its best efforts to make the Service available for access throughout the day. TheJobsDaily.com shall not be liable for any interruption of Service although it may undertake remedial efforts to re-publish an advertisement when appropriate.
2.5) undertake its best efforts to retain the job advertising of the Employer and resume of applicants related to the job advertising and/or resume search in the Employer's account for a period of no less than three months from the date of the initial job posting. Subsequent to the three months, TheJobsDaily.com reserves the rights and discretions to remove all such information and data at any time without notification and reasons.
2.6) not be responsible or held liable in any way if any Employers, in breach of the Terms and Conditions, use the Applicant's personal data for any use other than for obtaining potential employees
2.7) have the right to terminate any services to any Applicant should it become aware of any breach by any Employers and/or Applicants.
3. The Employer shall:
3.1) At all times, it is the responsibility of the Employer to ensure they comply with all applicable laws and regulations.
3.2) Comply with all notices, instructions and communication given or sent by TheJobsDaily.com with regards to the use of the Service.
3.3) Warrant that all advertisements of jobs made through TheJobsDaily.com are for legitimate and genuine permanent or temporary employment positions for which the Employer has permission to recruit.
3.4) Shall not disclose confidential information obtained through the use of the Service to any third party.
3.5) Shall not use the information obtained as a result of the use of the Service for any purpose whatsoever other than for the purpose of employment.
3.6) Warrant that information obtained as a result of the use of the Service will not be used for solicitation to the applicant for purchase of products / services, compilation of database information for any unauthorized use or sale, disclosure to any third party, contact with the user for any purpose other than potential employment, or any other purpose which is not consistent with TheJobsDaily.com's privacy policy and these terms of use.
3.7) Shall not use the Service to redirect user traffic and/or user resumes to the Employer's own website or any other third party website.
3.8) Provide and maintain accurate, complete and current data required to register the Employers with TheJobsDaily.com.
3.9) Not infringe on the intellectual property rights of any person or company including TheJobsDaily.com or download and copy information obtained through use of the Service with the intention to do so.
3.10) Not allow or transfer to any third party the right to access the Service under their account without the prior written approval of TheJobsDaily.
3.11) Be solely responsible for maintaining the security of any user ID's and / or passwords provided to them to access the Service.
3.12) Not use the system for any unlawful purpose including, but not limited to, the introduction or transmission of any data or program containing computer virus, computer worm, Trojan horse or other harmful or malicious codes.
3.13) Not send email, messages, information or communication of any type through the system that may contain malicious, immoral, derogatory or otherwise illegal materials.
3.14) Agree to defend, indemnify and hold harmless TheJobsDaily.com from and against any claims, actions or demand, alleging or resulting from your use of the Service or your breach of the terms of use.
4. The Applicant shall:
4.1) comply with all applicable laws and regulations with respect to the provision of the Service.
4.2) only use the Web Site for lawful purposes and seeking employment.
4.3) agree that his/her resume will also remain active on the Web Site and be stored in the Company's database at his/her own risk unless and until he/she chooses to delete it.
4.4) agrees that his/her resume may be accessed by Employers who has subscribed to the services of the Company for the sole purpose of obtaining and assessing the suitability of Applicant.
4.5) agrees to the Company's practice of charging Employers a fee for access to the Web Site, database ("Database") and Applicant's resumes and details ("Resumes") for the sole purpose of obtaining and assessing the suitability of Applicants and subject to the terms herein
4.6) have no claims to any such fee received by the Company.
4.7) agrees that the Company will release his/her brief resume (without his/her last name, address and other personal identifiable information) to Employers through the use of the Company's search engine or any other means for the sole purpose of obtaining and assessing the suitability of Applicants in relation to any job vacancy.
4.8) agrees that the Company and its associated companies may use his/her personal data (without his/her last name, address and other personal identifiable information) for marketing purposes which may be directed to either potential Employers or Employers, their respective agents or anyone under their employ.
4.9) accepts that personal data given to Employers or other users are given entirely at his/her own risk.
5. Payment of Fees
5.1) All amounts owed to TheJobsDaily.com must be paid within the specified payment terms from the date of the invoice. TheJobsDaily.com may charge interest on any late payment.
5.2) Prices for Services may vary at any time without notice. Employers shall not be entitled for any rebate or discount on previously agreed contracts / sales orders as a result of changes to the pricing.
5.3) Employers shall be liable for full payment of Service fees from the commencement of the contract / sales order. Payment must be made notwithstanding any errors or omissions in the advertisement.
6. Suspension
6.1) Without prejudice to any other rights, TheJobsDaily.com reserves the right to suspend access to any and all aspects of its Service in the event of non-payment of fees in full in compliance with the stipulated payment terms.
6.2) Without prejudice to any other rights, TheJobsDaily.com reserves the right to suspend access to any and all aspects of its Service without refund in the event of non-compliance by the Employers with these Terms of Use.
7. Disclaimers
7.1) TheJobsDaily.com shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension or termination of the Service or for the contents, accuracy or quality of information available or transmitted through the Service.
7.2) TheJobsDaily.com makes no representations and warranties of any kind, whether expressed or implied, for the Services and in relation to the accuracy or quality of any information transmitted or obtained through the Service. To the fullest extent permitted by law, TheJobsDaily.com disclaims any representation or warranty, whether express or implied, as to the title, fitness for a particular purpose, merchantability, accuracy or standard of quality of the Services and/or any database content (whether maintained by TheJobsDaily.com or otherwise), and no warranty whatsoever is given that the Service will be uninterrupted or error free, or in relation to the database content obtained or to be obtained from or through use of TheJobsDaily.com and/or the Services unless otherwise specifically mentioned in this agreement.
7.3) TheJobsDaily.com shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the Employers's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed nor does it endorse any opinion expressed by any other Employers.
7.4) TheJobsDaily.com does not warrant that its operation, process or any of its web sites will be free of any operational errors nor that it will be free of any computer virus, computer worm, Trojan horse or other harmful or malicious contents.
7.5) TheJobsDaily.com acknowledges that it is not TheJobsDaily.com's policy to exercise editorial control over and to edit or amend any data or contents of any emails or posting or any information that may be inserted or made available or transmitted to/from a third party in or through the Service.
8. Use of Data
The Employers hereby agrees and irrevocably authorizes TheJobsDaily.com to:
8.1) use any data and information supplied by the Employer for TheJobsDaily.com's own internal and marketing purposes, to its supplying such data and information to any other associated companies or selected third parties to use for such purposes, and to its supplying such data and information to such third parties as may be necessary for the operation of TheJobsDaily.com.
8.2) allow all data and information supplied by the Employer in using the Service to be retained at TheJobsDaily.com for the use of TheJobsDaily.com, notwithstanding the termination or suspension of the Service to the Employer herein.
9. Indemnity
9.1) The Employer shall indemnify and hold TheJobsDaily.com harmless at all times against all actions, proceedings, costs, claims, expenses, demands, liabilities, losses and damages whatsoever including without limitation for defamation, infringement of intellectual property rights, death, bodily injury, property damage or pecuniary losses howsoever arising which TheJobsDaily.com may sustain, incur, suffer or pay arising out of or in connection with the use of the Service by the Employer.
10. Termination
10.1) This Agreement and any other agreement of a similar nature may be terminated, at any time, by TheJobsDaily.com by prior written notice to the Employer if it is found that the Employer uses this service in any way or manner that may affect, limit or compromise the interest or business of TheJobsDaily.com. No refund, compensation or consideration will be awarded to the Employer in the occurrence of such event.
11. Privacy
11.1) TheJobsDaily.com has a principal concern in the responsible use of information that users and Employers share and disclose. TheJobsDaily.com's commitment towards guaranteed confidentiality and privacy at all times is clearly articulated in our Privacy Policy. Employers who use TheJobsDaily.com's Service must comply to the same standard of protection of all information, as stated in the Privacy Policy.
12. Variation
12.1) TheJobsDaily.com reserves the right to amend the terms and conditions contained herein at any time without notice to the Employer.
12.2) For the avoidance of doubt, the Employer's continued use of the Service following the amendments constitutes an affirmation and acknowledgement of the amended terms and conditions and also constitute an agreement by the Employers to abide and continue to be bound by the terms and conditions herein as amended or varied.
13. TheJobsDaily.com Advertisement Policy (Last Revised: March 2011)
TheJobsDaily.com's operations are guided by best practices and procedures to ensure that applicants are fully aware of all material information on positions posted on TheJobsDaily.com website. This is to enable applicants to make an informed choice about whether or not to apply. In line with these best practices, TheJobsDaily.com has implemented the following guidelines:
13.1) TheJobsDaily.com does not accept job advertisements that discriminate against race, religious belief, age, gender and marital status. There may be specific requirements base on legal compliances and guidelines on job advertising in each country. Employers should ensure that they follow such requirements when posting in the relevant country.
13.2) TheJobsDaily.com does not encourage job advertisements that request applicants to pay deposits, placement fees, processing fees or any other fees similar in nature, directly or indirectly, and/or require applicants to make purchases from the Employers. Any Employers who posts such job advertisement must indicate the deposits, fees or payment requirement clearly in the advertisement.
13.3) TheJobsDaily.com does not accept job advertisements that purportedly promote pyramid selling or similar schemes.
13.4) TheJobsDaily.com does not accept job advertisements purporting to be home-based and/or internet-based where applicants are asked to provide bank account numbers and/or other personal identification numbers in order to receive payments (e.g. Work At Home jobs, Freelance Typists or job/business offers with similar operating mechanisms).
13.5) TheJobsDaily.com does not accept job advertisements with dubious ethical credentials (e.g. social escorts, etc).
13.6) TheJobsDaily.com does not accept job advertisements that are untrue or otherwise misleading (e.g. inappropriate use of job title, job descriptions or company description)
13.7) TheJobsDaily.com does not accept job advertisements that advertise more than 1 job position and/or more than 1 job specialization in each job posting.
13.8) Reposting of the same position is allowed only after 14 days to minimize resending to same users in a short time period and duplication of job ads on TheJobsDaily's site.
The above-mentioned policy not with standing, TheJobsDaily.com hereby disclaims any liability for any prejudice that may have caused the applicants.
14. TheJobsDaily.com Refund Policy
14.1) A compulsory Ad Preview feature is provided for all TheJobsDaily.com Classifieds advertisements before payments are made, as such, request for refunds will not be entertained.
14.2) All information pertaining to TheJobsDaily.com's paid Services for employers are freely available on the site. Employers may contact TheJobsDaily.com's account managers before making a purchase for all required information. All Employers are fully advised to make their own informed decision before they purchase any of the Services. Refunds will be considered at the sole discretion of TheJobsDaily.com, should an Employers decide later to withdraw their purchase.
15. Rights and Discretion
15.1) TheJobsDaily.com reserves the right and discretion to remove any or all advertisements without any reason, any prior notice and with no refund.
15.2) TheJobsDaily.com has the right to make relevant enquiries of Employers to satisfy any issue raised by management or users of TheJobsDaily.com to ensure that the job advertisements posted on the website are made in good faith and in compliance with the above policy, and deregister Employers who do not comply.
15.3) Determination of compliance with the Terms of Use is the sole right of TheJobsDaily.com.
Sincerely,
The Management Team
TheJobsDaily.com