EMPLOYER TERMS AND CONDITIONS
LAST UPDATED 17 FEBRUARY 2016
By signing up to and using the Rezoomo website located at www.rezoomo.com and the content and services available through this website (the “Site”), you (″you″ or the ″Employer″) agree to be bound by these terms and conditions of service (″Conditions″), and all policies referred to in these Conditions, each as may be modified by Rezoomo from time to time.
IF YOU DO NOT AGREE TO THESE CONDITIONS YOU MAY NOT USE OR ACCESS THE SERVICES.
- The Site is owned and operated by Rezoomo Ireland Limited, Company No. 545025, whose registered address is 6 Lapps Quay, Cork [CC1] (hereinafter “our”, “we”, “us” or “Rezoomo”).
- Please read these Conditions carefully. These Conditions, along with any other policies or guidelines posted on this Site (or agreements made directly between you and Rezoomo), shall govern your use of the Services, whether directly or through a third-party site.
- By using the Site and/or the Services (defined below), you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Conditions.
- Rezoomo is permitted to make changes to these Conditions and any other policies or guidelines by notifying you via the contact details you have provided on the Site and/ or by publishing the changes on the Site. Continuing to use the Services and/or the Site indicates that you fully accept the changes to the Conditions. Such modifications shall become effective immediately upon their being posted on the Site or being notified to you. Therefore, Rezoomo encourages you to check the date of our Conditions and other policies whenever you visit this Site to check if they have been updated.
- In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:-
- ‘Employer’ - any person or entity using and purchasing the Services;
- ‘Company Profile’ - the profile page that an Employer creates on the Site about its own company, organisation or business in order to attract Jobseekers;
- ‘Company Branding’ - the materials owned by the Employer including information, design work, artwork and logos;
- ‘Fees’ -the fees and charges payable by the Employer to Rezoomo as specified on the Site from time to time;
- ‘Jobseeker’ - a Jobseeker who registers on the Site, through the Site itself or through a client site or third party;
- ‘Jobseeker CV’ - the curriculum vitae, biography page and/or brief outline details of a Jobseeker's education, training, skills and employment experience which is provided to Rezoomo by a Jobseeker for distribution to Employers with a view to securing employment.
- ‘Services’ - the hiring and careers services that Rezoomo provides to an Employer as listed on the Site from time to time.
- The Employer is entirely responsible for creating its own Company Profile and uploading any Company Branding it requires on its own Company Profile.
- An Employer can delete its Company Profile at any stage and is entirely responsible for updating and ensuring the accuracy of information that it uploads to its own Company Profile or for any advertisement or opportunity it posts to the Site. Rezoomo does not accept liability for any consequences, howsoever arising, due to error or delay in provision of the Services and has the right at its sole discretion to decline to publish or omit, suspend or change the position of any advertisement, opportunity or Company Profile published on the Site.
- Rezoomo reserves the absolute right, without giving any reasons, to decline, cancel or remove any Company Profile, advertisement, opportunity or to discontinue the provision of the Services for any reason and at any time without prior notice.
- An advertisement, opportunity or otherwise which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race or age will not be accepted unless it is exempted from the requirements of the Employment Equality Act or the Equal Status Act.
- Rezoomo shall be entitled at any time without notifying the Employer to make changes to the Services, which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided.
Obligations of Rezoomo
- Rezoomo will use its reasonable endeavours to afford Jobseekers the facility of viewing the Employers' opportunities on the Site and to provide the Services to the Employer. As we cannot guarantee that the Site will always be fully operational or error free we do not accept responsibility for any defects that may exist or for any costs or losses arising from your use of or inability to access the Site. The Employer accepts that Rezoomo cannot guarantee the functionality of the Site 100% of the time.
Obligations of the Employer
- The Employer hereby undertakes and warrants to Rezoomo:
- that it will use all reasonable precautions against access of the Site (or any website that is, or may become linked to any website) by any unauthorised persons, including but not limited to, the use of user names and passwords and the securing of information relating to communications between the Employer's hardware and the rest of the Site;
- that it will comply with the provisions of the Data Protection Acts 1988 and 2003 (the ″Acts″) and ePrivacy Regulations 2011 (S.I. 336 of 2011) (and any related or updated legislation applicable) or relevant legislation with regard to any Jobseekers information received by it and in particular to keep such information confidential;
- that in relation to any opportunity or advertisement the Employer is a principal notwithstanding that the Employer may be acting directly or indirectly for a third party;
- that the publication of the opportunity or advertisement through the Site by Rezoomo as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render Rezoomo liable to any proceedings whatsoever and the Employer indemnifies Rezoomo against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by Rezoomo as a result of this undertaking and warranty being incorrect;
- that any information supplied by the Employer in connection with the provision of the Services is accurate, complete and true;
- that in respect of any advertisement which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Employer has obtained the authority of such living person to make use of such name, representation and/or copy;
- that each advertisement and all content posted to the Site or use of the Site by the Employer is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;
- that no use of the Site, advertisement or other data posted to the Site is or contains any data, image or other material which is:
- offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
- defamatory, threatening or racially, ethnically or otherwise objectionable;
- designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
- likely to or infringes the rights (including, without limitation, the intellectual property rights) of another person;
- designed or likely to cause disruption to any computer system or to any network;
- illegal or designed or likely to induce an illegal act;
- harmful to minors in any way;
- used to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- The Employer is responsible for ensuring that the content of any opportunity, advertisement or data posted to the Site by them or on their behalf and the use of the Services is not discriminatory, obscene, defamatory, or in any other way illegal or in breach of any legislation. The Employer also agrees to comply with all relevant industry Codes of Practice.
- The Employer acknowledges that it is not vested with any proprietary rights in respect of the Site, or any Jobseeker CV or other information submitted by any Jobseeker.
- The Employer shall indemnify Rezoomo against all claims made by third parties in respect of the misuse of data supplied to the Employer (whether through a Jobseeker CV or otherwise) or arising from the use of the Site or the Services by the Employer or on their behalf.
- The Employer shall obtain from the Jobseeker as much information about the Jobseeker's qualifications and experience as is necessary for determining whether the Jobseeker is suitable for employment, and shall ascertain that the Jobseeker has such qualifications as are required by law.
- The Employer shall ensure that the Jobseeker is fully aware of any conditions imposed by law which must be satisfied by the Jobseeker and that any employment resulting therefrom shall be legal.
- The Employer shall:
- not operate or provide the services of a recruitment agent, agency or consultancy;
- use all Jobseeker CVs supplied for the sole purpose of endeavouring to provide or locate suitable employment on behalf of Jobseekers;
- ensure that it is notified as a data controller to the Data Protection Commissioner′s Office (if applicable) under the Acts to the extent that it applies and complies with its obligations under those Acts;
- keep confidential the Jobseeker CVs and all other information supplied by the Jobseeker to the Employer or its employees or agents and shall only use such information for such agreed purpose if endeavouring to seek or provide employment opportunities for Jobseekers with their express consent in respect of the Jobseeker CVs;
- obtain the express consent of a Jobseeker prior to submitting his or her Jobseeker CV to any person; and
- not submit, copy, supply, re-sell, distribute or make available in any way any Jobseeker CVs or other information received from Rezoomo to any person.
- The Employer agrees not to access without authority, interfere with, damage or disrupt any part of the Site; any equipment or network on which the Site is stored; any software used in the provision of the Site; or any equipment or network or software owned or used by any third party in connection with the Site.
- The Fees payable shall be those prices set out on the Site or communicated directly to you in writing from time to time[CC2] .
- Payment for Services will be made according to the payment terms specified on the Site or communicated to you in writing from time to time.
- If you provide your credit, debit, PayPal or Direct Debit details to Rezoomo, you hereby authorise Rezoomo to bill such credit, debit, PayPal or Direct Debit account for the Fees.
- Rezoomo will provide invoices to each Employer where an Employer chooses to pay by invoice. Liability for payment arises from provision of the Services. Further, all items on the invoice are deemed to be payable and any errors or omissions must be communicated to Rezoomo in time to be rectified before payment becomes due.
- If the Employer fails to make any payment by the due time then all moneys owing by the Employer to Rezoomo shall immediately become due and payable and the provisions of clause 7.5 shall forthwith apply to such moneys.
- The Employer agrees to pay to Rezoomo in respect of each item of Services for which payment is not made by the due time interest on the amount paid late at the rate of 4% per annum above the base rate of Allied Irish Banks PLC accruing from day to day (including the date on which payment was due).
- All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the Employer shall be additionally liable.
- Rezoomo is merely a conduit to facilitate the introduction of Employers to Jobseekers. Rezoomo does not verify or guarantee any Jobseeker's details whether forwarded to the Employer via Rezoomo or otherwise. Rezoomo accepts no responsibility as to the suitability of Jobseekers who respond to advertisements or Services.
- The Employer shall satisfy itself as to the suitability of any Jobseeker and shall take up any reference provided by the Jobseeker before engaging any such Jobseeker.
- The Employer shall be responsible for obtaining work, or any other permits, for the arrangements of medical examinations and/or investigations into medical history of any Jobseeker, and shall satisfy itself of any medical or other requirements or qualifications required by law
- Rezoomo does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, contracts, anticipated loss of savings, loss of goodwill, use or opportunity, wasted management or office time) howsoever resulting from the Employer's use of (or inability to use) this Site, or results of the use of this Site, any websites linked to it and any materials posted on it. This does not affect Rezoomo′s liability for any matter which cannot be excluded or limited under applicable law.
- Rezoomo makes no warranty that this Site (or any website that is, or may become linked to this website) is free from computer viruses, ‘cookies’, or any other malicious or impairing computer programmes and/or that the Site shall operate uninterrupted and error-free.
- Rezoomo does not accept liability, of any description, however arising, for any loss or damage caused to any Employer, or any other third party, arising from any virus or other impairing computer program contained in any Jobseeker CV or information submitted by any Jobseeker.
- Rezoomo does not accept liability for any loss of copy, artwork, photographs, data or other materials that the Employer supplies to Rezoomo and the Employer shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require.
- The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Rezoomo, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- You shall defend, indemnify and hold harmless Rezoomo against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use (including that of any of your employees, agents or contractors) of the Services (including without limitation any claim arising from any incomplete, inaccurate, incorrect or otherwise defective Jobseeker CV.
- Except as otherwise provided by statute, Rezoomo disclaims all warranties, express or implied by law of statute, in relation to, but not limited to, the Site.
- Correspondence - All messages and correspondence between employer and potential candidates is private between those both parties. Rezoomo do not accept any responsibility for content of correspondence
- Intellectual Property Rights
- Rezoomo is the owner or the licensee of all intellectual property rights in the Site, and in the material published on it (other than Rezoomo Branding and other information inputted by an Employer, if any). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- Employer may print off one copy, and may download extracts, of any page(s) from the Site for personal reference and may draw the attention of others within the Employer′s organisation to material posted on the Site.
- The Employer must not modify the paper or digital copies of any materials it has printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- The status of Rezoomo (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
- Employer must not use any part of the materials on the Site for any other purpose (commercial or otherwise) other than is permitted under these Conditions without obtaining a licence to do so from Rezoomo or its licensors
- If the Employer prints off, copies or downloads any part of the Site in breach of these Conditions, your right to use the Site will cease immediately and Employer must, at Rezoomo′s option, return or destroy any copies made of the materials.
- Governing Law and Jurisdiction
These Conditions shall be governed by, and construed in accordance with, the laws of Ireland and each party irrevocably submits to the exclusive jurisdiction of the courts of Ireland.
- Clicking on the confirm, publish or agree button amounts to an acceptance of these Conditions with Rezoomo to the exclusion of any other terms and conditions.
- If any provision of these Conditions is held to be void or unenforceable in whole or in part, these Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by Rezoomo shall be effective except in relation to the matter in respect it was specifically given.
- Rezoomo may amend the terms of these Conditions at any time by amending this page. The Employer is expected to check this page from time to time to take notice of any changes Rezoomo has made, as they are binding.
JOBSEEKER TERMS AND CONDITIONS
LAST UPDATED 17 FEBRUARY 2016
Welcome to Rezoomo. Please read the below terms and conditions carefully before you sign up to our site as it sets out the terms of a legally binding agreement between you and Rezoomo Ireland Limited.
- The Site is owned and operated by Rezoomo Ireland Limited, Company No. 545025, whose registered address is 6 Lapps Quay, Cork (hereinafter “our”, “we”, “us” or “Rezoomo”).
Acceptance of the Terms
- These Terms are deemed accepted by you when you click on the confirm button and join Rezoomo. If you do not agree to any of the Terms, do not use the Site or our services.
Revision of Terms
- Please note that the Terms may be revised and reissued without notice to you at any time by updating this posting and you agree that no liability shall attach to Rezoomo and that you have no right to claim any compensation as a result thereof. You should visit this page regularly to review the current Terms, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. Any such revisions may include extending the Terms to include other terms and conditions applicable to other products or services offered by Rezoomo from time to time.
- Rezoomo assume (and by using the Site you warrant) that you have legal capacity to enter into the agreement set out in these Terms (i.e. that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
Access to and Use of the Site
- In order to access the Site and/or to receive information or other alerts you must register on the Site. If you register, you should ensure that the details provided by you at the time of registration or at any time are correct and complete.
- You are responsible for making all arrangements necessary for you to have access to the Site. Rezoomo agrees to use its reasonable endeavours to maintain the Site in a fully operating condition and error free. As we cannot guarantee that the Site will always be fully operational or error free we do not accept responsibility for any defects that may exist or for any costs or losses arising from your use of or inability to access the Site. In particular, Rezoomo is not responsible where:
- you cannot access the Site for any reason;
- you cannot apply for any job vacancy available on the Site for any reason; or
- where your CV or job application does not reach the company you have applied to for any reason.
- By submitting information to Rezoomo, whether through the Site or otherwise, you agree and acknowledge that while we may contact you in response to the information you provide, and we are not obliged to provide you with any particular product or services.
- Rezoomo may serve advertisements to the Site or work with a third party to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons and sponsorships. You agree that we have a right to run such advertisements and promotions. Rezoomo does not control the content of any services supplied by third parties, and the inclusion of content does not imply endorsement of the third party by Rezoomo or any association with that third party. Any correspondence or business dealing you may have with, or participation in promotions of, advertisers or third parties found through the Site and then any other representations associated with such dealings are solely between you and such advertiser or third party. You agree that Rezoomo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or else the result of the presence of such advertisers or third parties on the Site. In particular, Rezoomo does not warrant or guarantee at any time that you will receive any approaches from advertisers regarding potential positions of employment and is not responsible for any such approaches you may receive.
- You are solely responsible for keeping your own data accurate, complete and up to date. Please update any changes to the information that you provided when registering by updating your personal details. As you are completely in control of your CV, Rezoomo accepts no responsibility for verifying that your details are up to date.
- If you register to use the Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting support@Rezoomo.com immediately.
- If Rezoomo has reason to believe that there is likely to be a breach of security or misuse of the Site or a breach of these Terms, we may require you to change your password or we may suspend your account.
Removing, Suspending and Cancelling Accounts
- Rezoomo reserves the right to suspend or cancel your registration or account at any time or for any reason. We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under the Terms, or if you provide information which is inaccurate or corrupted. We will not be liable if for any reason our site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our site, or our entire Site, at our discretion.
- You can cancel your registration at any time by logging onto the Site and by navigating to ‘Delete Account’ in your Dashboard settings. Alternatively, you can cancel your registration by emailing us at support@Rezoomo.com requesting the cancellation of your registration.
- The suspension or cancellation of your registration and your right to use the Site shall not affect either party's statutory rights or liabilities.
- In addition to any other prohibited uses contained in any other part of the Terms, you may not use Rezoomo for any of the following purposes:
- disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
- transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
- interfering with any other person's use or enjoyment of Rezoomo;
- making, transmitting or storing electronic copies of materials protected by copyright or other intellectual property rights without the permission of the owner;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- For the purpose of harming or attempting to harm minors in any way;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- You also agree not to access without authority, interfere with, damage or disrupt:
- any part of the Site;
- any equipment or network on which the Site is stored;
- any software used in the provision of the Site; or
- any equipment or network or software owned or used by any third party.
You will be responsible for our losses and costs resulting from your breach of this clause.
Our Liability to You
- Whilst Rezoomo uses reasonable care in compiling and presenting the content found on the Site, it is provided purely for information and you should seek further guidance and make independent enquiries before relying upon it. If Rezoomo is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
- Rezoomo accepts no responsibility for the accuracy or completeness of any details or job vacancies posted by any company, person or third party on the Site.
- With regards to the ‘Jobseeker’s CV’:
- Rezoomo take no liability for any information, images, videos etc on a Jobseeker’s CV
- Jobseeker’s must have rights to use any videos or images or content;
- Jobseeker’s CVs can be added to talent pools by companies without their permission.
- Rezoomo excludes, to the fullest extent permitted by applicable laws, and save in respect of death or personal injury arising from its negligence, all liability for any claims, losses, demands and damages arising directly or indirectly out of or in any way connected with the use of the Site or their unavailability. This exclusion shall apply in respect of, without limitation, any interruption of services, lost profits, loss of contracts or business opportunity, loss of data, or any other consequential, incidental, special, or punitive damages arising out of the Site, even if we have been advised of the possibility of such damages, whether arising in contract, tort, under statute or otherwise.
- All messages and correspondence between employer and potential candidates is private between those both parties. Rezoomo do not accept any responsibility for the content of correspondence made through, or arising from the use of, the Site.
- You agree to indemnify and keep indemnified Rezoomo, their officers, directors, employees, agents, distributors and affiliates from and against any and all claims, loss, damage or liability (whether criminal or civil) suffered and fees and costs incurred, including reasonable legal fees, resulting from:
- Your use of the Site or any part thereof;
- Violation of the Terms or any provision therein by you;
- Publication of any information by you;
- Viewing of your Jobseeker’s CV or other information by any third party;
- Infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use the Site and/or any services offered by Rezoomo;
- Any intellectual property rights of any person or entity;
- Use or misuse by you or third parties of your password or account.
- If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
- The Terms shall be governed by and construed in accordance with Irish law.
- If any dispute or difference arises out of or in connection with these Terms the parties to the dispute or difference shall seek to resolve the dispute or difference amicably by using an alternative dispute resolution (ADR) procedure acceptable to both parties before pursuing any other remedies available to them.
- If any dispute or difference is not settled by means of ADR you irrevocably submit to the exclusive jurisdiction of the Irish courts.