By completing the registration process for using the recruitment service on E-JAM’s website you agree to be bound by all of the following terms and conditions.
For Candidates the service is free and we will not charge you any monthly or annual service fees for the use of the Service.
For Employers the amounts payable and methods are outlined in the registration process, unless otherwise agreed in writing between the Employer and us.
You each acknowledge that the Website is intended to facilitate introductions being made with regard to employment and that following any introduction being made it shall be up to you to agree how to progress matters further.
You confirm to us that in your dealings with each other you shall act in good faith and in a businesslike, honest and courteous way and keep strictly confidential all confidential information disclosed to you pursuant to using the services of employmentjamaica.com.
Acceptable Use Policy
You agree to abide by the following policy setting out what you will/will not do when using the Service (“Acceptable Use Policy”):
You agree to:
· Provide true, accurate, current and complete information when registering as a user of the Service and notify us immediately of any changes in such user information or status.
· Abide by all applicable local, national and international laws, regulations and codes (including self regulatory) and ensure content uploaded or distributed from, or stored under, your account registration does not infringe the rights of others, and you agree to be solely responsible for all acts or omissions that occur under your account registration or password including the content of transmissions via your account registration.
· Grant us a perceptual, irrevocable, royalty-free licence to use any material posted by you on the Website as we see fit and without notice to you.
You agree not to:
· Impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or e-mail address or try to mislead others as to the identity or origin of any communications.
· Modify, access or make available data stored on a computer or device which you have accessed through the Website, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this.
· Publish, post, distribute, disseminate or otherwise transmit, defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable material or information.
· Make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “Trojan horses”, “worms” or any other harmful software.
· Copy or reproduce any material available on the Website unless such copying is solely for your personal use in relation to a job advertised or sought, and in any event you agree not to exploit any material copied from the Website in any way for any form of commercial gain.
· Use any form of search robot on the Website [other than that provided by us] to assess and copy or otherwise cache or reproduce material from the Website. Notwithstanding any other provision of these terms and conditions, if we, at our sole discretion, suspect that you are in breach of this paragraph we reserve the right to terminate your account immediately without notice to you.
· Obtain or attempt to obtain unauthorised access, through whatever means, to the Service, other services or computer systems or areas of our, or any of our partners’ networks, which are identified as restricted.
We retain the absolute right to disconnect you from the Service, without prejudice to any of our accrued rights, where we in our sole discretion consider you are contravening our Acceptable Use Policy or any other aspect of these Terms.
E-JAM reserves the right to use the general data it obtains from Users’ use of the system, including all statistical information.
You acknowledge that such data belongs to E-JAM and E-JAM shall have the right to use such general data as it determines in its sole discretion. E-JAM may send you email communications including information that we may think may be of interest to you. We do not send any of your Personally Identifiable Information to our advertisers, and your Personally Identifiable Information will never be released to a third party without your express consent, with the exception of our credit card processing and payment partners where release is required to receive or make payments.
After the Employer has completed the Registration Procedure to our satisfaction the Employer shall have a non-exclusive license to use the Service subject to the provisions of these Terms.
The Employer’s use of the Service shall be conditional upon the Employer paying us the applicable fees that are charged by us for the use of those facilities from time to time.
The Employer will not be charged by us for browsing the public areas of the Website and/or viewing all public information on the Website.
The Employer agrees not to publish in any material placed on the Website any contact details which might enable a Candidate to contact the Employer or any third party connected with the Employer directly. The Employer acknowledges and agrees that the publication of such contact details is a material breach of these terms and conditions and that on discovery of such publication we may remove the details and/or terminate the Employer’s use of the Service immediately without notice to the Employer.
After the Candidate has completed the Registration Procedure to our satisfaction the Candidate shall have a non-exclusive license to use the Service subject to the provisions of these Terms.
E-JAM offers anonymous posting that lets you mask your contact information and email address when you post a resume. This resume posting option allows you to decide who sees your real information, such as your home address. If you are going to post a resume online, private posting should be the only way you post it. The goal is to avoid having your full legal name, your home address, your phone number, and your detailed work history, hobbies, and perhaps even references floating around online and eventually getting into the wrong hands. This is information only a legitimate employer should receive, and you can help by taking advantage of private posting options.
We shall contact the Candidate at least [four] times a year by email to remind the Candidate to keep any information that the Candidate may have on the Website up to date and/or to learn whether the Candidate wishes to retain his or her Candidate Notice on the Website and we may remove the Candidate Notice in question from the Website if we receive no reply from the Candidate within 14 days.]
We attempt to limit access to our searchable resume database (or copies thereof) only to paying employers, recruiters, hiring managers, headhunters, and human resource professionals, as well as law enforcement and national security agencies, but cannot guarantee that other parties will not gain access to this database.
We are not responsible for the use made of resumes by third parties who access such resumes while they are in our searchable database. However, the portions of your searchable resume (not your contact information) that are automatically made public in your profile are accessible to anyone who uses the E-JAM database service.
You may remove your resume on the database, or delete your profile at anytime, but, employers, recruiters and others who have paid for access to the E-JAM resume search database, as well as parties who have otherwise gained access may have retained a copy of your resume or E-JAM Networking profile in their own files or databases. We are not responsible for the retention, use or privacy of resumes or profiles in these instances.
We shall be responsible for the Website and we shall only be required to use our reasonable endeavors to keep the Website operational.
We shall not be a party to any exchange of e-mails or any telephone conversations or meetings between the Employer and the Candidate and the Employer and the Candidate acknowledge that our sole obligation to you is to provide the Website and the Service to you in accordance with these Terms and in respect of the Employer, any agreement entered into between the Employer and us.
You agree to log on as a user of the Service by completing the Registration Procedure (accurately providing us with all the information prompted by the registration form) and choosing a password and account name from those available. You agree to be entirely responsible for, and maintain the confidentiality of, the password and account name and for all activities conducted under your account.
You agree to notify us immediately of any unauthorized use of your account or other security breach.
Verification, Rectification and Disputes
You acknowledge that in order to avoid any possible abuse of the Website and the services and facilities it offers we may ask you to confirm at any time your identity, address and contact details and in the case of the Employer details of its business activities, or in the case of the Candidate, details of the Candidate’s current employment status and the identity of either his or her current employer or any entity to which the Candidate may be supplying services.
Any failure by you to provide any information requested by us under this condition within 14 days and without reasonable cause shall permit us to terminate your use of the Service and it is also acknowledged that we may also make such confidential and independent enquiries as we think fit in respect of any of the matters provided for above.
[In the event that the Employer or the Candidate shall make a complaint to us in e-mail or in writing alleging any breach by the other of these Terms and in our sole opinion that complaint discloses prima facie grounds for believing that a breach occurred we shall investigate the complaint that has been made and, if, at our sole discretion we believe the complaint to be substantiated we may immediately serve notice upon the party complained of immediately terminating this Agreement.
In the event that we investigate any complaint made under these Terms the party complained of shall use its best endeavors to assist us as we shall reasonably require in conducting our investigation and any failure to do so for more than a 14 day period shall entitle us to immediately and without notice terminate this Agreement.
When you initially complete the Registration Procedure by e-mail, we shall allocate a unique registration number to you and it is a strict requirement for use of the Service that if you for whatever reason, including, without limitation, change your name, wish to re-register with us at any time after your initial registration you must notify us at the time that any future registration application is made that you had previously been registered with us and you shall then be reallocated your original registration number if we accept your new application to register.
You acknowledge that this is necessary to preserve the integrity of the Service and to prevent users that have already been in contact with a candidate or an employer (as the case may be) from contacting the same person again under a different registered identity. This means you are entitled to assume that any person or entity with which you are dealing has bona fide intentions and that they have not previously been prohibited from using the Services on the Website.
As the provider of the Service, we are not responsible for any material services and content distributed by third parties through our Service, or for information, services and material that is accessed by you through our Service. You agree that we have no control over third party content and information which can be accessed using the Service and that we do not examine or edit the use to which you or others put the Service or the nature of the content or information being accessed and that to the fullest extent permitted by law we are excluded from all liability of any kind arising from such content or information.
You agree that except for death or personal injury arising through our negligence, we shall not be liable whatsoever for any loss or damage arising from the Service. You will remain responsible and liable for material you upload on to, or access from, the Service, and you will indemnify us in the manner set out below in the Terms in relation to your accessing or uploading.
We reserve the right to immediately remove any information/material we deem to be in breach of any of these Terms without notice, and without prejudice to any other accrued rights, and/or to make available such information/material when required to do so by law or when requested to by regulatory bodies or law enforcement organizations.
While we will take all reasonable steps to ensure a fast and reliable service, we will not be held responsible for the security of the Service or for any disruption of the Service however caused, loss of or corruption of any material in transit, or loss of or corruption of material when downloaded onto any computer systems.
You agree to indemnify and hold us, and any of our officers, employees and agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses of any character incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Service and/or a breach of these Terms.
Links to other Websites
For your interest [and/or amusement], from time to time we will make available to you hypertext links from the Service to third party sites and both within and outside European Union. However, these sites are not in any way approved, checked, edited, vetted or recommended by us and you agree that we shall not be liable in any way for the content of such websites or for any dealings that you may have, or the consequences of such dealings, with such third party site operators.
In particular you agree that any dealings you have with such third party site operators shall be on the terms and conditions (if any) of the third party operator.
All intellectual property rights, in particular copyright in content provided to you by us on the www.employmentjamaica.com site vests in us (or are expressly licensed to us) and you warrant to us that you are entitled to vest or otherwise assign use of all such content to us and that the use of the materials will not infringe any right of a third party and although you may make a copy of this content for your personal non-commercial use only provided that you keep all copyright and other proprietary notices intact, you agree not to modify, reproduce, republish, upload, post, distribute or otherwise transmit or use the content provided by us in any way without our prior written consent.
If you do wish to use any material please contact us and we will let you know in what terms if any you may be able to use the same.
Apart from our ability to terminate the Service with immediate effect for your breach of the letter or spirit any of these Terms, without prejudice to any other accrued rights, at our sole discretion, or if you have not used the Service for a continuous period of 90 days, we may also terminate the Service, without prejudice to any other accrued rights, without prior notice to you where:
(i) there is a regulatory or statutory change limiting our ability to provide the Service;
(ii) any event beyond our reasonable control prevents us from continuing the Service (for example, and without limitation, technical difficulties, capacity problems and communications failures);
(iii) we notify you that the Service is going to be terminated within 7 days.
You may terminate the Service at any time by giving us notice by e-mail
Upon termination of the Service, your right to use the Service immediately ceases, we may immediately remove your material, including e-mail addresses and log-in details from the Service and we shall have no obligation to forward any unread or unsent messages to you or any third party, although you remain wholly liable for any costs or charges or liabilities accrued during such time as you had access to the Service.
Naming & Shaming
In order to protect the integrity of the www.employmentjamaica.com recruitment service in addition to our other rights and remedies we shall be entitled to post and keep posted on the Website your name if you deliberately abuse the intended function of the Website. We will exercise these rights if, at our sole discretion, doing so will act as a deterrent to anyone else who is or might be considering acting in a similar manner, or if it would promote confidence amongst the users of the Service that the quality of the services and facilities provided via the Website is being maintained.
In addition to us immediately terminating your account registration if we believe, in our sole discretion, it is disseminating or otherwise transmitting or is connected with any Spam you agree to pay us liquidated damages of JA500.00 for each piece of Spam transmitted from or otherwise connected with your Service account as damages, or our actual damages, whichever is greater.
From time to time we may provide information and other content for your down loading, however, the down load time may vary considerably between the types of content and you agree that you are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same however, we will notify you of the size/amount of the file/data and the likely download time for your information.
You agree that we may send e-mail information to you concerning our products and services or those of our suppliers or network providers which we think may be of interest to you.
Alterations to these Terms
We reserve the right to amend these Terms at any time and we will notify you of the same. Your account will be terminated if you do not accept such changes.
Laws & Miscellaneous Provisions
These Terms shall be governed by and construed in accordance with the laws of Jamaica and you agree with us to submit to the non exclusive jurisdiction of the Jamaican courts.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to the law then such provisions shall be construed as far as possible to reflect the intention of the parties with the other provisions remaining in full force and effect.
Headings are inserted for convenience only and should be ignored in considering the Terms.
Our failure to exercise or any particular right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us to you in writing.
You agree with us that any cause of action arising out of or relating to the Service must be commenced within one year after the cause of action arose otherwise such cause of action is permanently barred.
Nothing contained in these Terms shall be deemed to constitute a partnership between you and us and you shall not have the authority to bind us in any way.
Reference to any statute or regulation includes any modification or re-enactment of that statute or regulation
These Terms constitute the entire agreement and understanding between you and us and these Terms supersede all prior oral or written understandings, arrangements, representations or agreements relating to the use of the Service.
None of our directors, officers, employees or agents are authorized to make any representation or warranty not contained in these Terms. In accepting these Terms you agree that you have not relied on any oral or written representations not contained in the Terms.