Terms and Conditions

1. Introduction: Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the EnglishJobfinder’s Web Site. If you do not accept these Terms and Conditions or you do not meet or comply with these provisions, you may not use the Site. If you are an employer using the Site, you may have entered into a Service Agreement with EnglishJobfinder’s, in which case these Terms and Conditions, including the Exhibits attached hereto, are part of and incorporated into that Service Agreement. These Terms and Conditions are effective as of September 1, 2009.

2. Binding Agreement: These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by EnglishJobfinder’s) form a binding agreement (the "Agreement") between you and EnglishJobfinder’s. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.

3. Certain Definitions: The following definitions apply to this Agreement:

EnglishJobfinder’s Web Site" or the "Site: includes www.EnglishJobfinder’sgy.com in its entirety and its related sites owned or operated by EnglishJobfinder’s, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.

Content: includes all Text, Graphics, Design and Programming used on the Site.

Text: includes all text on every page of the Site, whether editorial, navigational, or instructional. Graphics: includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.

Design: includes the color combinations and the page layout of the Site. Programming: includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.

Document: refers to any posting to the Site, whether job or resume. Services: means any services provided on the Site by EnglishJobfinder’s or its agents.

User: refers to any individual or entity who uses any aspect of the Site. Job Seeker: means a User who is accessing the Site to search for a job or in any other capacity except as an Employer. Employer: means a person or entity that is accessing the Site to post a job or for any reason related to the purpose of seeking candidates for employment.

"You" and "you": means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions

4. Acceptable Use of the Site.

4.1 General Use Rules: The Site is intended for individuals seeking employment in Guyana and the Caribbean and for employers or recruiters seeking candidates for employment. You may use this Site only for lawful purposes within the stated context of EnglishJobfinder’s intended and acceptable use of the Site. EnglishJobfinder’s is the sole interpreter of the Site’s intended and acceptable use

4.2 License to Use by Users who are Job Seekers: EnglishJobfinder’s hereby grants you a FREE, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. Your use of the Site is a privilege. EnglishJobfinder’s reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

4.3 License to Use by Users who are employers: EnglishJobfinder’s hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects. Users of the Resume Database please see our Resume Database Subscription Agreement Terms and Conditions, which are incorporated herein by reference, for further clarification. You may not sell, transfer or assign any products or services or your rights to any products or services (including access to the Resume Database) provided by EnglishJobfinder’s to any third party without the express written authorization of EnglishJobfinder’s. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. EnglishJobfinder’s reserves the right to suspend or terminate your access and use at any time if EnglishJobfinder’s determines that you are in breach of any of these Terms and Conditions. 4.4 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.

4.5 Site Rules for Posting, Conduct and Security. You agree to comply with the "Site Rules" for posting, conduct and security on the Site, which are attached hereto as Exhibit A.

5. Intellectual Property Rights: The Site and all right, title and interest in and to the Site is the sole property of EnglishJobfinder’s or its licensors, and is protected by U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, EnglishJobfinder’s reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "EnglishJobfinder’s," the EnglishJobfinder’s design logo and certain other names or logos are service marks or trademarks of EnglishJobfinder’s, and all related product and service names, design marks and slogans are the service marks or trademarks of EnglishJobfinder’s. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by EnglishJobfinder’s trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

6. Disclaimers and Limitations on EnglishJobfinder’s Liability.

6.1 Allocation of Responsibility: EnglishJobfinder’s assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. EnglishJobfinder’s acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to this agreement, EnglishJobfinder’s may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. EnglishJobfinder’s has no liability or responsibility to Users for performance or nonperformance of such activities. EnglishJobfinder’s may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

6.2 No endorsements by EnglishJobfinder’s:. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

6.3 No Guaranty of Results: EnglishJobfinder’s is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users. EnglishJobfinder’s does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User.

6.4 WARRANTY DISCLAIMERS: (a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ENGLISHJOBFINDER’S, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ENGLISHJOBFINDER’S MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE. (b) Without limitation on the foregoing: (i) ENGLISHJOBFINDER’S DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ENGLISHJOBFINDER’S IS NOT RESPONSIBLE FOR THOSE COSTS. (ii) EnglishJobfinder’s makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk. (iii) EnglishJobfinder’s makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

6.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF: (a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE. (b) IN NO EVENT SHALL ENGLISHJOBFINDER’S (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENGLISHJOBFINDER’S IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (c) BECAUSE SOME LOCATIONS OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. (d) IN NO EVENT SHALL ENGLISHJOBFINDER’S (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN (e) Due to the nature of this Agreement, in addition to money damages, you agree that EnglishJobfinder’s will be entitled to equitable relief upon a breach of this agreement by you.

7. Payment of Services upon Termination of Service Agreement: If at any time during the course of this Agreement you should terminate a Service Agreement in which these Terms and Conditions have been incorporated by reference, not to include your termination in the case of breach of this Agreement or the Service Agreement by EnglishJobfinder’s, EnglishJobfinder’s shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.

8. Links to Other Sites: EnglishJobfinder’s contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by EnglishJobfinder’s of the contents on such third-party web sites. EnglishJobfinder’s is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.

9. Amendments to this Agreement and Changes to Site: EnglishJobfinder’s may revise this Agreement at any time by updating this page. Changes will be binding on you on the date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions (including any Exhibits thereto). If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by EnglishJobfinder’s unless EnglishJobfinder’s agrees to them in a signed writing specifically including those new or different terms. EnglishJobfinder’s may change the Site at any time.

10. Indemnity: You agree to defend, indemnify, and hold harmless EnglishJobfinder’s (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, any Document posted by you, or your breach of this Agreement. EnglishJobfinder’s shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

11. User Information: The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through EnglishJobfinder’s on-line operations only. Please note, as set forth in the Privacy Policy, that EnglishJobfinder’s may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, EnglishJobfinder’s reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain information collected from Users.

12. Questions and Notices: Questions concerning the use of the Site should be directed to Feedback. Notices shall be sent, for EnglishJobfinder’s, to the Email listed on the Site, and, for you, to the address submitted by you or such other address as EnglishJobfinder’s reasonably determines is an appropriate address for you.

 

 

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