1)
Ownership of Site
This Site is provided by Careertunity.com.
2)
Agreement to Terms of Use
The following terms and conditions form a binding
agreement between you and us. Please review the following terms carefully. By
using this Site, you are agreeing to be bound by the terms of this Agreement,
which will govern your use of this Site. If you do not agree to these terms,
you must cease use of this Site immediately. The terms: “careertunity.com” or
"us" or "we" or "our" refers to Careertunity.com. The terms
"you" or “your” refers to the person accessing or using the Site, or
the company or organization on whose behalf that person accesses the Site. If
you do not agree to abide by these terms and conditions, you should not use
this Site or download or use content from it. These terms and conditions apply
exclusively to your access to and use of this Site and do not alter the terms
or conditions of any other agreement you may have with Careertunity.com. In case of inconsistency between these terms and
conditions and any other agreement you may have with Careertunity.com, the other agreement shall prevail, but only to
the extent of the inconsistency.
You must be 18 years of age or older to visit or use
this Site. By visiting the Site, you represent and warrant that you are 18
years of age or older, and that you have the right, authority and capacity to
agree to and abide by these Terms of Use.
The
Terms & Conditions mentioned below are applicable to Jobseekers, Employer,
Advertisers and all other Users of Careertunity.com:
3)
Definitions
In
this Agreement the following words and expressions shall, unless the subject
matter or context otherwise requires or is inconsistent therewith, have the
following meanings:
“Agreement” this
agreement as may be amended or updated from time to time;
“Candidates” individuals
seeking employment and career information;
“Content” text,
wording, data, graphic, images, logos, icons and all other information supplied
by Careertunity.com and contained on this Site;
“Dulsco LLC” Dulsco
LLC, which is incorporated under UAE laws having its registered office at Al Quoz
Industrial Estate 4, PO Box 6238, Dubai, UAE;
“Employers” companies
and other legal entities seeking employees;
“Interest Rate” 2%
above EBIOR;
“IP rights” patents,
trade marks, service marks, logos, get-up, trade names, internet domain names,
rights in designs, copyright (including rights in computer software), database
rights, rights in know-how and other intellectual property rights, in each case
whether registered or unregistered and including applications for registration,
and all other rights or forms of protection having equivalent or similar effect
anywhere in the world;
“Materials” text,
wording, data, graphic, images, logos, icons and all other information posted or
uploaded by Users onto this Site;
“Personal Information” personal
information provided by the Users of this Site, including, without limitation,
a valid email address;
“Recruiters” includes
professionals authorised by their company to access the portal for seeking
employees. This includes all users of companies who have subscribed to
Careertunity.
“Registration Data” information
provided by Employers and Jobseekers, in accordance with the registration
forms;
“Service” includes
but is not limited to the following services: 1) Database access - this enables
Employers to access the Site for recruitment requirements. 2) Job Postings - this
enables Employers to post Materials on the Site, allowing Candidates to view such
Materials and apply for the positions. 3) Visibility Services – provides the opportunity
to display company logo and name on the Site - this particular service is
offered to Employers and Recruiters;
“Site” Careetunity.com,
as updated from time to time, which is owned and operated by Dulsco LLC; and
“Users” Candidates,
Employers, Recruiters and other users of this Site.
4)
Permitted and Prohibited Uses
This Site may be used only for lawful purposes by: Candidates Employers
and Recruiters. You agree to use this Site only to send Materials and receive
Content that is proper and related to the purpose of this Site.
Subject to these Terms and Conditions, we grant you a non-exclusive,
non-transferable, limited right to access, use and view this Site and the
Content there on, solely for your own internal company or personal use,
provided, however, that you may not, nor may you allow others to, directly or
indirectly to:
(i)
remove,
from any copy of the Content downloaded, the copyright or other proprietary
notices contained in the Content;
(ii)
sell,
reproduce, modify, destroy, distribute, store, or attempt to modify the Content
in any way or reproduce or publicly display, perform, or distribute or
otherwise use them for any public or commercial purpose, including without
limitation use of the Content on any other web site;
(iii) transfer the Content to any other person without the
written consent of Careertunity.com;
(iv) print or copy any of the HTML or other computer
programs that are accessible at this Site;
(v) use this Site in any manner that could damage,
disable, overburden or impair this Site;
(vi) interfere with the security of, or otherwise abuse,
this Site or any services, system resources, accounts, servers or networks
connected to or accessible through this Site or affiliated or linked sites;
(vii) disrupt or interfere with any other person's use of
this Site or affiliated or linked sites;
(viii) upload, post or otherwise transmit on this Site any
Materials that would negatively affect the functioning of the Site;
(ix) use any device, or manual process to monitor, copy,
summarize, or otherwise extract information from this Site or the Content in
whole or in part;
(x) use or attempt to use another's account, password,
service, system or other information without prior written authorization from Careertunity.com;
(xi) create or use a false identity on this Site;
(xii) attempt to obtain unauthorized access to this Site or
portions of this Site that are restricted from general access;
(xiii) transmit on, to or from this Site spam, chain letters,
junk mail or any other type of unsolicited mass e-mail;
(xiv) harvest or otherwise collect information about others,
except for the sole stated purposes provided by this Site, including e-mail
addresses, without their consent; or
(xv) register an e-mail address that you do not own or for
which you do not have the express permission of the owner to register and
(xvi) Users are also prohibited from violating or attempting
to violate the security of any Careertunity.com,
including, without limitation the following activities:
(a) accessing data not intended
for such User or logging into a server or account which the User is not
authorized to access;
(b) attempting to probe, scan or
test the vulnerability of a system or network or to breach security or
authentication measures without proper authorization;
(c) attempting to interfere with
service to any User, host or network, including, without limitation, via means
of submitting a virus to Careertunity.com, overloading,
"flooding", "spamming", "mailbombing" or
"crashing"; or
(d) forging any TCP/IP packet
header or any part of the header information in any e-mail or newsgroup
posting. Violations of system or network security may result in civil or
criminal liability. The Company will investigate occurrences that may involve
such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such violations.
You
may only post Materials for the lawful, stated purposes of this Site. You agree
that in posting Materials, you will not, nor will you allow others to, directly
or indirectly:
(i)
post any
incomplete, false or inaccurate information or graphics which is not your own
accurate resume;
(ii)
post any
scheme, marketing and membership opportunity, distributorship or sales
representative agency arrangement or other business opportunity;
(iii) delete or revise any Material posted by any other
person or entity;
(iv) post or transmit any Materials that are unlawful or Materials
which infringe or violate any third party's copyright, trademark, trade
secrets, privacy or other proprietary or property right or that could
constitute a criminal offence, give rise to civil liability or otherwise
violate any applicable law;
(v) impersonate any person or entity, including without
limitation a Careertunity.com employee or agent, an authorized User of Careertunity.com
Services, a Candidate, an Employer or a Recruiter, or otherwise misrepresenting
your affiliation with any person or entity;
(vi) post opinions, notices or advertisements, commercial
or otherwise or solicit business from Recruiters or Employers who post on the
Site, including any solicitation by any of our competitors of Recruiters or
Employers who post on the Site.
In addition, you agree that you are solely responsible for actions and
communications undertaken or transmitted in the course of your usage of this
Site, and that you will comply with all laws that apply or may apply to your
use of or activities on this Site or in respect of the Materials and Content. Careertunity.com
will investigate occurrences that may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting Users who are
involved in such violations.
Careertunity.com reserves the right at all times to disclose any Materials provided by
you as necessary to satisfy any law, regulation or governmental request, or to
edit, refuse to post or remove any Materials, in whole or in part, that in
Careertunity.com' sole discretion is objectionable
5)
User Content, Registration
Information and Password
When you register with Careertunity.com, you
will be asked to provide us with certain Personal Information. In addition to
the Terms of Use and any privacy policy applicable to any Careertunity.com,
you understand and agree that the Company may disclose to third parties, on an
anonymous basis, certain aggregate Personal Information contained in your
registration application.
The Company reserves the right to offer third party services and products to you
based on the preferences that you identify in your registration and at any time
thereafter; such offers may be made by the Company or by third parties.
You are responsible for maintaining the
confidentiality of your information and password. To protect the secrecy of your
user Identification and/or password you should take all such measures as may be
necessary (including but without limiting to changing your password from time
to time) and shall not reveal the same to any other person(s). You shall be
responsible for all uses and activities that occur under your password, regardless
of whether they are authorized by you. You agree to immediately notify the
Company of any unauthorized use of your registration or password. The Company shall
not be liable for any loss or damage arising from an unauthorized use of your
registration or password.
6)
Links to other sites
In an attempt to provide increased value to our Users,
we may provide links to other websites or resources. You acknowledge and agree
that we are not responsible for the availability of such external sites or
resources, and do not endorse and are not responsible or liable, directly or
indirectly, for the privacy practices or the content (including defamatory
content) of such websites, including (without limitation) any advertising,
products or other materials or services on or available from such websites or
resources, nor for any damage, loss or offence caused or alleged to be caused
by, or in connection with, the use of or reliance on any such content, goods or
services available on such external sites or resources. .
7)
Company’s liability
WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE
ACCURACY OF ANY INFORMATION PLACED ON THIS SITE, WE MAKE NO WARRANTIES, WHETHER
EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
This Site is provided on an “as is” and “as available”
basis without any representation or endorsement and we make no warranties of
any kind, whether express or implied, in relation to this Site, including but
not limited to, implied warranties of satisfactory quality, fitness for a
particular purpose, non-infringement, compatibility, security, accuracy,
conditions of completeness, or any implied warranty arising from course of
dealing or usage or trade.
Whilst we endeavour to ensure the quality of this Site,
we make no warranties as to the truth or accuracy of the Materials, job
advertisements or resumes posted by Recruiters or Candidates, the ability of
employers to offer job opportunities to job seekers or the availability of job
seekers to fill job opportunities.
We make no warranty that this Site shall meet your
requirements or shall be uninterrupted, timely, secure or error-free, that
defects will be corrected, or that the Site or the server that makes it
available are free of viruses or bugs or represents the full functionality,
accuracy, reliability of the Materials. We shall not be responsible or liable
to you for any loss of content or material uploaded or transmitted through this
Site.
Notwithstanding any other provision in the Conditions,
nothing herein shall limit your rights as a consumer. You acknowledge that we
cannot guarantee and therefore shall not be in any way responsible for the
security or privacy of this Site and any information provided to or taken from this
Site by you.
We shall not be liable, in contract, tort (including,
without limitation, negligence), pre-contract or other representations (other
than fraudulent misrepresentations) or otherwise out of or in connection with
these the terms of this Agreement for the following:
·
economic
losses (including without limitation loss of revenues, profits, contracts,
business or anticipated savings); or
·
loss of
goodwill or reputation; or
·
physical,
moral or financial harm that you may suffer as a result of dealing with others
with whom you come in contact through this Site; or
·
special or
indirect or consequential losses; in any case whether or not such losses were
within the contemplation of either of us at the date on which the event giving
rise to the loss occurred, suffered or incurred by one of us arising out of or
in connection with the provisions of any matter under the terms of this
Agreement.
Nothing contained within this Agreement shall exclude
or limit our liability for death or personal injury resulting from our
negligence or that of our servants, agents or employees.
8)
Termination
The terms of this Agreement shall remain in full force
and effect whilst you are a User of Careertunity.com
at any level. In the event of any breach by you, we reserve the right, at our
sole discretion, to pursue all of the legal remedies available to us in law,
including but not limited to deletion of your personal information from this
Site and immediate termination of your registration with or ability to access this
Site and/or any service provided to you by us, upon any breach by you of this Agreement
or if the company is unable to verify or authenticate any information you
submit to this Site.
9)
Indemnification
Submissions and unauthorized use of any
information(s)/materials contained on Careertunity may violate copyright laws, trademark laws,
the laws of privacy and publicity, certain communications statutes and
regulations thereto and other applicable laws, statutes and its rules and
regulations. You alone are responsible for your actions or the actions of any
person using your user name and/or password.
You agree to be fully responsible for (and fully
indemnify us against) all claims, liability, damages, losses, costs and
expenses, including legal fees, suffered by us and arising out of any breach of
this Agreement by you or any other liabilities arising out of your use of this
Site, or the use by any other person accessing this Site using your internet
account.
10)
Banners
We shall display the banners on all the
relevant/specified sections of the Site on a rotation basis.
We reserves its right to reject any insertion or
information/data provided by the subscriber without assigning any reason, but
in such an eventuality, any amount so paid for, shall be refunded to the
subscriber on a pro-rata basis.
We shall not be held liable for any loss of data
technical or otherwise, information, particulars supplied by the customers due
to the reasons beyond its control like corruption of data or delay or failure
to perform as a result of any causes or conditions that are beyond our reasonable
control including but not limited to strike, riots, civil unrest, acts of
terrorism, Government policies, tampering of data by unauthorized persons like
hackers, war and natural calamities.
The Sections below relate to the terms of service specifically
applicable to Employers.
11)
Employer Account
In consideration of your use of the Service, you agree
to: (a) provide true, accurate, current and complete Registration Data and (b)
maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or we have reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, we have
the right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof).
In order to use this Site you will need to register with us and create an
account. If you choose to create an account with us, you agree to provide only
accurate, complete Registration Data, and you will keep that information
up-to-date if it changes. Your registration must be complete and true in all
aspects. Each registration is for the use of the single company or organization
on whose behalf you access the Site, but this Site may not be used on behalf of
more than one person or entity under one user name. Access to this Site is not
authorized by any other person or entity using your registration information
and you are responsible for preventing such unauthorized use.
After you register, we will issue a username and
password to you. With that User ID, you may be allowed to assign additional Users
to access this Site and the Services under your account. Only those individuals
you have designated may use or access this Site and the Services on your
behalf. Please bear in mind that our fees vary depending on the type of
subscription specified in your order form with us.
Individuals and entities who access this Site or use
the Services and have previously been terminated by us may not register for an
account, nor can you designate any other individuals to use your account on
your behalf.
We rely on User IDs to know whether Users accessing this
Site and using our Services are authorized to do so. If someone accesses our
Site using a User ID that we’ve issued to you, we will rely on that User ID and
will assume that it is really you or your representative who is accessing the
Site. You are solely responsible for any and all access to this Site or use of
the Service by persons using Your User ID. Please notify us immediately if you
become aware that your User ID is being used without authorization. If there is
suspicious activity from your User Id or you provide any information that is
untrue, inaccurate, not current or incomplete, or we have reasonable grounds to
suspect that such activities and information are not appropriate, untrue,
inaccurate, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof).
You acknowledge and agree that the Service and any
necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information presented
to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except
as expressly authorized by us or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part.
Trademark.
Careertunity.com, the Careertunity.com logo, are
pending trademarks of DULSCO LLC, you agree not to display or use in any manner
the Careertunity.com marks.
12)
Fees And Charges
YOU AGREE By
using this Site, hiring, accepting, interviewing or attending any interviews:
to all terms, conditions, restrictions, fees (as shall be identified in writing
between us and the User) and any other applicable charges associated with any
and all services provided by us.
13)
Payment
Where Subscription Fees accrue, the amount shall be
payable at or within such time as stated in the invoice(s) issued by us to the
User.
The Subscription Fees shall be paid by the User upon
demand. In case the User disputes the same for any reason whatsoever, the User shall
make the payment towards the Subscription Fees accrued subject to the decision
of the Company on the dispute. In the event of the dispute being settled in the
User’s favour, we shall refund to the User any excess amount paid by the User
free of interest.
Any delay in the payment by the User of any sums due
under this Agreement, we shall have the right to charge the Interest Rate on
the outstanding amount from the date the payment became due until the date of
final payment by the User.
14)
Cancelling Our Service
IF YOU CHOOSE TO CANCEL OUR SERVICE, AND WE HAVE
STARTED THE PROCESS FOR A CLIENT, THE INITIAL PAYMENT WILL ALWAYS ACT AS THE
FINAL PAYMENT FOR OUR SERVICES
15)
Termination:
Your right to continue to use this Site will terminate
immediately on written notice if you fail to comply with any of these
conditions:
·
if the
User is declared insolvent or bankrupt;
·
the User
is in breach of any term of this Agreement and fails to remedy such a breach
within five (5) days of us providing written notice of such a breach; and
·
we may
notify you by giving you one (1) month’s prior written notice if we choose to
cease to provide this Site for any reason.
You may terminate the terms of your contract upon
thirty (30_days’ written notice.
Written notices as required by these conditions will
be sent by either email or post to the relevant parties address as set out at
the head of these conditions or on the registration form, as appropriate.
16)
Modifications To Service
Careertunity.com has the right, in its sole discretion, to add to,
remove, modify or otherwise change any part of this Agreement in whole or in
part, at any time. Changes will be effective when notice of such change is
posted at this Site. Please check the terms of this Agreement frequently for
updates by checking the date of "Last Update" at the top of this
document. If any change is not acceptable to you, you must discontinue your use
of this Site immediately. Your continued use of this Site or downloading or use
of Content from it after any such changes are posted will constitute acceptance
of those changes.
17)
Disclaimer
CAREERTUNITY.COM,
ITS MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT
FOR ANY LOSSES OR DAMAGES SUFFERED BY ANY USER WHATSOEVER ARISING OR RESULTING
FROM THEIR USE OR INABILITY TO USE THE SITES AND ITS CONTENTS.
18)
Indemnity
You shall indemnify, defend and hold harmless Careertunity.com, its
shareholders, directors, officers, employees and representatives and its
agents, contractors or licensees from and against all claims, actions or
demands, including without limitation legal and accounting fees arising from
the Materials provided by you, your use of the Content or your breach of any of
the terms and/or obligations of this Agreement.
19)
Limit of Liability
Our limit of liability arising out of or in connection
with the Site and/or this Agreement, regardless of the cause of action, will
not exceed the Subscription Fee or, if no fee has been paid by the User, the
limit shall be one hundred Dirhams (AED 100).
20)
Intellectual Property
You hereby acknowledge that all IP Rights that originate
or are developed from or in connection with this Site shall belong to and be
vested in Careertunity.com absolutely
to the fullest extent permitted by law and that save as provided by law.
21)
Entire Agreement
The terms contained within this Agreement (as amended from time to time) contain the
entire agreement between you and us relating to the subject matter covered and
supersedes any previous agreements, arrangements, undertakings or proposals,
written or oral, between you and us in relation to such matters. No oral
explanation or oral information given by either of us shall alter the
interpretation of these Conditions. You confirm that, in agreeing to accept
these Conditions, you have not relied on any representation save in so far as
the same has expressly been made a representation in these Conditions and you
agree that you shall have no remedy in respect of any misrepresentation which
has not become a term of these Conditions save that your agreement contained in
this Clause shall not apply in respect of any fraudulent misrepresentation
whether or not such has become a term of these Conditions.
22) Governing Law and Arbitration
This Agreement and the rights of the parties hereunder shall be governed
by the Laws of the United
Arab Emirates and the Laws of the Emirate of
Dubai.
In the event of any dispute or difference arising between the Parties
out of or relating to this Agreement or to the breach thereof, the Parties
shall use their best endeavours to settle such dispute or differences. To this
effect they shall consult and negotiate with each other, in good faith and
understanding of their mutual interests to reach a just and equitable solution
satisfactory to both Parties. If they do not reach such solution within a
period of thirty (30) days, then the dispute or difference shall be finally
settled by arbitration in accordance with the Rules of Dubai International
Arbitration Centre (“DIAC”).
The place of arbitration shall be the city of Dubai. The arbitration proceedings and award
shall be conducted and written in the English language.
The arbitration award shall be final and binding on both Parties and not
subject to any appeal. Any monetary award shall be made payable in UAE Dirhams,
free of any tax or any other deduction. The award shall include costs and
expenses of the prevailing Party including its/his reasonable legal fees and
interest from the date of any breach or other violation of any of the
provisions of this Agreement to the date when the award is paid in full. The
arbitrators shall fix an appropriate rate of interest.