Terms
"Ts & Cs" - General Terms & Conditions
"Content" - all content including but not limited to any information, text, coding,
logos, graphics, symbols, icons and computer programmes
"Company" and "Splash" - the Company incorporated as "Splash Advertising Ltd"
"Site" - this web site
"User" and "You" - all users of this site including but not limited to individuals,
incorporated and unincorporated bodies, partnerships, sole traders, entities, employers
and employment agencies
"Person" and "Persons" - any person or persons legal or otherwise and any entity
including bodies corporate and unincorporated
General Terms & Conditions
These Ts and Cs govern the use of this site and the services on it. By
using the site you are indicating that you are willing to be bound by the Ts &
Cs. If you do not accept these Ts & Cs you may not use this site or its services.
The Company may amend these Ts & Cs at any time and on a frequent basis. You
will need to read these Ts and Cs, which are binding on you, on a regular basis
in order to be aware of what they require.
The headings within these Ts and Cs have no legal effect.
Users Posting Jobs
The Company grants users who are posting jobs a personal, non-transferable
and non-exclusive right to access and use the site solely for their own personal
use in connection with seeking qualified candidates for jobs within their organisation,
or for jobs within client companies.
A posting shall relate to a single employment opening only.
Recruitment and Employment Agencies
Recruitment and employment agencies may not sign up to unlimited advertising packages
but only to advertising packages identified elsewhere on this site as being aimed
at recruitment and employment agencies.
Users Seeking Jobs
The Company grants users who are seeking jobs a personal, non-transferable
and non-exclusive right to access and use the site solely for their own personal
use in connection with their search for a job and in accordance with these Ts and
Cs.
User Information and Contacting Users
On registration users will be required and/or requested to provide the Company with
certain information. Notwithstanding the site privacy policy, you agree that the
Company may disclose to third parties, on an anonymous basis, some of the material
provided by you when you register or which you enter in to your account. The Company
will enable employers and employment agencies which have paid to view resumes to
be given all contact details of users who have posted resumes on the site. These
details will also be disclosed if you choose to apply for a job on the site to the
employer or employment agency to whom you apply. The Company will not otherwise
disclose to any third party your name, address, e-mail address or telephone numbers
without your prior consent unless such disclosure is required by law.
The Company has the right to contact users at any time with information relevant
to the operation of existing aspects of the services on the site.
The Company has the right to send marketing material to you about new or related
services or to offer third party services and products to you if you have indicated
that this is permitted when you register or at any later time. Please see the Company's
Privacy Policy by clicking here for further details regarding
the use of content provided by you.
Loss of Material
The Company is not responsible for any loss of content that users post on the site
and users shall be responsible for retaining in their possession sufficient quality
and quantity of such materials for whatsoever purposes they may require including
by way of back-ups.
Ownership of the Site
The contents of this site are the property of the Company or its third party suppliers,
or its clients according to its origin and/or agreements reached between the Company
and third parties, and agreements reached between the Company and users according
to these Ts and Cs, and are protected under copyright and trademark laws. The Company
authorises you to download a single copy of the publicly available sections of the
site solely for non-commercial use. Any such copy must retain all the content of
the original. You may not use the contents in any way for any commercial or other
public use. You may not copy, display, transmit or distribute any content from the
site except as indicated above. Use of the site does not give you any proprietary
rights in any intellectual property.
Acceptable Use - General
The site may not be used in any way to commit, aid or abet a criminal or other illegal
offence. It may only be used by individuals for the purpose of seeking employment
and career development information and by employers seeking employees and human
resources information on behalf of themselves and employment agencies seeking employees
on behalf of employers.
Users may not:
a/ post content on this site which infringes third party copyright law or other
third party legal right;
b/ post content which infringes third party confidentiality, is offensive, defamatory,
obscene, hateful, sexually explicit in any way, threatening, abusive, harassing
or embarrassing to any other person or user of any sort;
c/ post content which violates the privacy or other personal rights of others;
d/ post material that reveals trade secrets which you do not own or do not have
permission from the owner to post on the site.
Any breach as described or similar may result in civil or criminal liability and
the Company may prosecute anybody or assist with the prosecution of anybody who
attempts or who carries out such activities.
Acceptable Use - Site Security
Users may not interfere or attempt to interfere with the integrity of the
site in any way including, without limitation:
i/ accessing or attempting to access content which it is not intended that a user
should be able to access;
ii/ breaching or attempting to breach security or authentication mechanisms;
iii/ attacking or attempting to attack the site or test or attempting to test it
for vulnerability to attack, or placing an unreasonable load on the site, including,
without limitation, the use of viruses, spamming and overloading, flooding, mail-bombing
and crashing;
Any breach as described or similar may result in civil or criminal liability and
the Company may prosecute anybody or assist with the prosecution of anybody who
attempts or who carries out such activities.
Acceptable Use - Site Interference
Users may not interfere or attempt to interfere with the legitimate use
of the site by any person. The following non-exclusive list of activities are prohibited:
i/ sending unsolicited email and/or unsolicited promotions;
ii/ advertising products and services other than jobs;
iii/ forging any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting;
iv/ posting anything which contains viruses, worms, trojan horses or anything else
which is intended or might damage or impede the workings of the site or which is
intended to or might intercept or expropriate any content or system.
Any breach as described or similar may result in civil or criminal liability and
the Company may prosecute anybody or assist with the prosecution of anybody who
attempts or who carries out such activities.
Other Specific Prohibited Uses
Users may not:
a/ Post content about any business opportunity which requires an up-front or periodic
payment, which pays commissions only, or which requires recruitment of other persons
or sub-agents or sub-distributors;
b/ post any false, inaccurate or misleading content on the site;
c/ post a resume which is not the user's own resume;
d/ delete or alter any content placed on the site by any other person or user;
e/ reveal any password provided to you for accessing non-public areas of this site
to any other person or user;
f/ use or attempt to use any method including any software, spider, robot, avatar,
intelligent agent, tool, for searching or navigating this site other than the methods
provided by the Company on the this site and other than well known browsers such
as Netscape Navigator;
g/ attempt to decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of the site;
h/ post chain letters or content about any pyramid schemes, franchise, "club membership",
or distributorship;
i/ post content about business opportunities or soliciting business or inducing
people to engage in business;
j/ impersonate another person;
k/ use the site for the purpose of building up a database of potential employers
that you or any other person intends to exploit for any commercial purpose.
Any content discovered to be in breach of these Ts & Cs which has been loaded
on to this site may be removed if the fact is notified to the Company and no recompense
shall be owed to the user who loaded it on to the site.
Any breach as described or similar which may result in civil or criminal liability
will enable the Company to prosecute anybody or assist with the prosecution of anybody
who attempts or who carries out such activities.
No Representations about Content
The Company makes no representations as to the truthfulness accuracy or
reliability of any content posted by users. You acknowledge that reliance on content
posted by other users is entirely at your own risk including, to the extent permitted
by law, whether directly or indirectly due to the Company's negligence or otherwise,
all opinions expressed by users.
Discretion with Respect to Content, and Non-Liability
If the Company believes that any content submitted by users may create
liability for the Company, or is in breach of these Ts and Cs, or have the potential
to lead to, or in fact leads to, the loss of the service of the services of the
Company's internet service provider, the Company may take any action that it deems
appropriate with respect to that content. Whether or not the Company chooses to
remove such content it will in no way be responsible or liable to users for such
removal.
Right to Refuse Permission to Use the Site
The Company reserves the right to expel and/or prevent users from accessing the
site for breaching these Ts & Cs and/or the law.
Use of Content
By posting any content which it is indicated that you may post, on any part of the
site, whether that be in a public, closed or limited user group, or non-public area
you grant the Company, or any partner company other partner organisation or partner
individual, and affiliates of the Company, absolute and non-exclusive rights to
use, publish, modify, adapt, reproduce, aggregate, analyse, communicate to the public,
incorporate in other content and translate the content, in any way shape or form
that does not expressly identify a particular user.
You hereby represent and warrant that you have all rights over the text and other
information necessary to provide such rights to the Company, that any other holder
of any rights in the text and other permitted information has waived all rights
and validly and irrevocably granted to you the rights to grant such licence for
use of the content.
Storage of Text and Other Information that Users may Post
User text and other permitted information is stored and processed on secure storage
facilities. We undertake not to sell or make available your personal content to
third parties except as described in the Privacy Commitment Policy.
Keeping Your Log-In Details Secret
You hereby undertake to keep all details necessary for logging in to your account
confidential. You hereby agree to notify the Company of any unauthorised use of
the details required for logging in to your account and of any unauthorised use
of your account.
A Passive Conduit Only
This site acts only as a passive conduit to enable users to publish to distribute
and publish their text and other permitted information on-line and the Company is
not obliged to screen content before it is posted on the site. The Company reserves
the right, free of liability and free of responsibility to users, to remove any
content from the site if it is notified by a user about material which has been
posted on the site which allegedly is not in compliance with these Ts & Cs and/or
the law.
Company's Liability
The site enables job seekers to post resumes and view career information and recruiters
of any description to publish details of job opportunities and obtain recruitment
information. The Company is not obliged to screen any content. The Company is not
involved in the exchange between candidates and recruiters. Accordingly, the Company
has no control over the legality, truthfulness, accuracy or reliability of the representations
made, nor knowledge about the ability of candidates to accept offers of employment
or competently undertake the jobs for which they are applying, nor any knowledge
about whether it is safe to make contact with particular users, nor knowledge about
whether recruiters are able to provide the jobs which they have advertised on the
website, nor any control over the quality, safety, or legality or other quality
of the resumes or jobs posted.
You hereby acknowledge and accept any and all risks including but not limited to
physical and economic harm, and of dealing with under-age persons as a result of
contacting anybody through or with the aid of this site. You should clearly exercise
all reasonable precautions when contacting any other user of this site or any other
person with whom you have come in to contact through the use of this site either
directly or indirectly.
The Company does not confirm that a user is who the user claims to be. If you should
have a dispute with one or more users you absolve the Company including any associated
person, employee, agent, and entity from any claims or damages whether they be direct
or indirect, actual or consequential of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed which are in any way connected
with such a dispute, and you also waive any rights afforded by legislation which
are permitted to be waived by law.
The content on this site may contain inaccuracies or typographical errors. The Company
makes no representations about the accuracy, reliability, completeness or any other
quality of the content. The use of this website and the content on it is entirely
at your own risk including all information designed to help with career development
and human resources operations.
The Company does not represent in any way that an employer or employment agent will
ask for a candidate's information, ask to interview a candidate or hire a candidate,
or that any candidate will be available of or capable of meeting the needs of any
employer, employment agency or client.
Responsibility for Resume and Job Postings Material
You hereby agree that you are solely responsible for all content and formatting
of your resume or job postings including the accuracy and completeness of all information
therein that you post on this website.
The Company is not responsible in any way for employment decisions taken by any
person of any description.
The Company is not acting or to be considered as acting as an employer or an employment
agency with respect to your use of the site.
Service Availability and Your System and Equipment Security
The Company does not warrant that this site will operate error-free. The Company
does not warrant that the site and its server or any associated facility, equipment
or services are free of computer viruses, worms, infiltration software or other
harmful devices of any sort. If your use of this website or the content obtained
from it results in the need for servicing or replacing equipment or content, interruptions
or delays, the Company is not responsible for those costs or any other consequences.
This website and content are provided on an "as is" basis without any warranties
of any kind. The Company, to the extent permitted by law, disclaims all warranties
express or implied including the warranties of merchantability, fitness for purpose
and non-infringement. The Company makes no warranties about the accuracy, reliability,
completeness or any other quality of the content, links, services or other aspects
of the site.
The Company will try to ensure that this site is available to users of the world
wide web for as much time as is reasonably possible. However, at times the site
may be partially or completely unavailable due to the need to make improvements,
to undertake maintenance, due to technical faults or for reasons beyond our control
such as failures by third party service providers or an actual or a risk of virus
or other attack. You agree that we shall have no financial liability to you in the
event of such unavailability.
Disclaimer of Consequential Damages and Speculative Loss
In no event shall the Company, its directors, suppliers, associates, affiliates,
employees, and any third party mentioned on the site, in circumstances including
but not limited to negligence, be liable in any way including, without limitation,
exemplary, special, punitive, incidental and consequential damages, speculative
loss, lost profits, loss of future earnings, prospects, or damages resulting from
lost content or business interruption as a result of the use or the inability to
use this site and the content on it, whether based on warranty, contract, tort or
any other legal mechanism and whether or not the Company is advised of the possibility
of such damages.
Links to Other Websites
Any links to third party websites are available to enable you easily to navigate
to such sites and do not amount as an endorsement by the Company of the contents
on such third party websites. The Company is not responsible for the content of
linked third party sites and does not make any representations regarding the content
or accuracy or any other aspect of such third party websites. If you decide to access
linked third party websites, you do so at your own risk.
No Resale or Unauthorised Commercial or other Use
You hereby agree not to assign or resell your rights or obligations under these
Ts & Cs. You agree not to make any unauthorised commercial use of the Website.
Limitation of Liability
The aggregate liability for the Company to an employer or employment agency for
all claims arising from the use of the contents is limited to 100 Jamaican dollars.
The Company has no liability to other users.
Users acknowledge and agree that the Company shall not be liable for any defamatory,
offensive, hateful or illegal conduct of any user.
Termination
The Company reserves the right, at its sole discretion, to use all of its legal
remedies, including but not limited to immediate termination of your account, denial
of access to the site and of any other service provided by the Company, and deletion
of any content posted by you, in the event that you breach any of these Ts &
Cs or if the Company is unable to verify the accuracy of any content that you submit
to the site.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors,
employees and agents from and against any claims, actions or demands (in negligence
or otherwise), including without limitation reasonable professional fees, allegedly
resulting or actually resulting from your use of the site content an/or services,
or your breach of the terms of these Ts & Cs or related in any way to any user's
conduct towards any other user of the site.
The Company shall provide notice to you promptly of any such claim, suit, or proceeding
and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Severability
If any provision of these Ts and Cs shall be found unlawful, void or unenforceable
by a Court of law with competent jurisdiction such provision shall to the extent
possible be severed from these Ts and Cs, or be amended by such Court so that it
is replaced in an appropriate reduced form, and not affect in any way the validity
or the enforcement of the remaining provisions of these Ts and Cs which shall remain
in full force and effect.
No Relationship Suggested
These Ts and Cs do not constitute any partnership, joint venture, or other relationship.
Cancellations and Refunds Policy
In the event that the services provided by the company do not meet with their description,
then the company will refund to you any monies paid either direct to your credit
card if you have paid by card, or by cheque or cash if you have paid by cheque or
cash. To qualify for a refund you must provide the company within 5 working days
of the commencement of your contract, or the contract renewal date, with your reasons
for believing that the services provided do not meet with their description. If
the company agrees with your reasons then you shall be refunded in the manner described.
Viewing the Site Outside of Trinidad & Tobago
The Company makes no claims that the content on this site may be lawfully viewed
or downloaded outside of Trinidad & Tobago, nor that the services of this site may be used lawfully
outside of Trinidad & Tobago. Access to the content and services may not be legal for certain
users. If you access the site from outside of Trinidad & Tobago, you do so at your own risk and
are responsible for compliance with the laws of your jurisdiction.
Applicable Law
These Ts & Cs are governed by the laws of Trinidad & Tobago. Jurisdiction for any claims
arising under this agreement shall lie exclusively with Trinidad & Tobago courts.
No Waiver
No waiver of any term of these Ts & Cs shall be deemed to constitute a further
or continuing waiver of such term or any other term. No changes to these Ts &
Cs shall be made except by a revised posting on this page.
Changes to Services
The Company shall be entitled at anytime without notification to users to make changes
to the services which are necessary to comply with any applicable security or other
statutory requirement.
Additional Terms of Use
Certain areas of this site are subject to additional terms of use. By using such
areas, or any part thereof, you agree to be bound by the additional terms of use
applicable to such areas.