TERMS OF SERVICE (for Employers)

- Last updated: 5 March 2015 -

 

These terms of service (“Terms”) are applicable between Everjobs Sri Lanka, email: [email protected], and a (potential) employer (“Employer”) regarding the use of www.everjobs.lk (the “Website”, consisting of different sites, each a “Site”).
 
Please read these Terms carefully before using any services offered on the Website.
 
Everjobs Sri Lanka offers Employers an online platform to publish job postings to a pool of job seekers registered on the Website (“Users”) or job seekers visiting the Website (“Visitors”). A User can create a curriculum vitae (“CV”) online and search and apply for job offers solicited by Employers on the Website. Employers can post jobs online and search CVs posted by Users.
 
Everjobs Sri Lanka recommends printing these Terms for future use. Employers can download or print these Terms via their browser. An up-to-date version of these Terms is available on the Website. Employer needs to agree to these Terms in order to use services offered on the Website.
 
Everjobs Sri Lanka may revise these Terms at any time by posting an updated version on the Website. The latest updated version will apply to Employer’s use of services offered on the Website. Employers should visit the Website periodically to review the current Terms.
 
Employers who violate these Terms may have their access to and/or use of the Website suspended or terminated at Everjobs Sri Lanka’s sole discretion. Everjobs Sri Lanka might remove any content from any Site, which – to Everjobs Sri Lanka’s sole discretion – fails to comply with these Terms.

 

Index

  1. 1. Everjobs Sri Lanka’s Services (Permitted Use, Offered Services/Prices/Terms, Commencement, Payment/Invoice, End of Term)
  2. Required Information about Employers (Employer Account)
  3. Job Posts
  4. CV Database
  5. Website Content
  6. Content created by Employers
  7. Everjobs Sri Lanka’s Liability
  8. Indemnification
  9. Links
  10. Choice of Law
  11. Severability

 

1. Everjobs Sri Lanka’s Services (Permitted Use, Offered Services/Prices/Terms, Commencement, Payment/Invoice, End of Term)

a) Permitted Use

Services offered on the Website should be used by Employers seeking potential employees.
Employers agree to:

  • use the Website in conformity with any applicable laws;
  • use the Website in conformity with Everjobs Sri Lanka’s Privacy Policy available on the Website;
  • refrain from using any data mining, programmed robots or similar data collecting or extraction methods in connection with the Website;
  • not copy in any way any content on the Website, except if expressly or impliedly authorized by Everjobs Sri Lanka;
  • use Everjobs Sri Lanka services on behalf themselves and not on behalf of a third party;
  • keep their login details confidential and not share them with a third party;
  • submit accurate and up-to-date details;
  • not collect login details, internet protocol addresses, and/or personally identifiable information from Users, Visitors, or other employers;
  • refrain from discriminating or harassing any individual or company.

b) Offered Services, Prices, and Terms

Service packages offered on the Website may include a trial package (“Trial Services”) as well as paid packages (”Paid Services”). Information about content, pricing and terms of packages is available on the Website.
 
Services can include sharing data with Employer that is derived from content created by Users. Everjobs Sri Lanka does not make any representations regarding the accuracy or validity of such data or its appropriateness for evaluation by Employer. Employer acknowledges that any reliance on material posted by Users will be at Employer’s own risk.

c) Commencement of Services

Everjobs Sri Lanka confirms booking of Trial Services and Paid Services by a booking confirmation mail (“Booking Confirmation”) that constitutes the date of the commencement of respective services.
 
In case a registered Employer uses Trial Services, such use starts after booking Trial Services and receiving a Booking Confirmation for Trial Services.
 
In case a registered Employer uses any Paid Services, such use starts after booking, payment, and receiving a Booking Confirmation for Paid Services. Within 48 hours after booking and payment, the Employer Account (as defined below) will be granted authorization for the services booked. Immediately after granting such authorization, Everjobs Sri Lanka sends Employer respective Booking Confirmation.

d) Payment and Invoice

For payment, Employer can choose from the payment methods offered on the Website.
 
In case of payment via money collection, Employer will receive an invoice upon payment.
 
In case of online payment, Employer will receive an invoice by email. Employer hereby agrees to receiving invoices in electronic form.

e) End of Term

Trial Services and Paid Services end upon expiry of respective term of booked services.
 
Furthermore, Everjobs Sri Lanka reserves the right to terminate any Trial Services or Paid Services in case Employer violates these Terms.

 

2. Required Information about Employers (Employer Account)

For being able to use all Trial Services or Paid Services offered by Everjobs Sri Lanka on the Website, Employers have to register on the Website and create an account (“Employer Account”).

a) Registration/Establishing an Employer Account

Employers can register with the following data for an Employer Account on the Website: Employer’s company name, address, contact person, email address, telephone number.
 
To confirm the registration, Employer will receive an email with a link to verify the registration.
 
After Registration, Employer can update the Employer Account with information regarding its business. Details of the Employer Account will be publicly visible as profile on the Website. Information submitted by Employer to create an Employer Account has to be accurate.

b) Termination of Employer Account

Employer or Everjobs Sri Lanka may initiate the process of terminating an Employer Account. In that case all information saved in connection to respective Employer Account will be marked as deleted and may be deleted from Everjobs Sri Lanka’s databases within a short time. Employers will not have access to deleted information.
 
Employer acknowledges and agrees that in case an Employer Account is terminated, all information saved in the Employer Account will be deleted and removed from any public area of the Website. Information may continue to be available for some period of time because of delays in propagating such deletion through Everjobs Sri Lanka’s web servers. In addition, third parties may retain saved information relating to Employer. Everjobs Sri Lanka reserves the right to delete an Employer Account and all relating information after a significant duration of inactivity, except if Paid Services are booked with respective Employer Account.

 

3. Job Posts

Employers can create a Site by publishing data accessible to Users and Visitors to solicit and offer a job position (“Job Post”).
A Job Post may contain:

  • a description of one job position at a time;
  • specific details to describe the offered job position; such details are: job title, specification of upcoming tasks, necessary qualifications, location, salary, keywords, etc.

A Job Post may not contain:

  • a copy of other employers’ Job Posts;
  • links to other websites (except if specifically authorized by Everjobs Sri Lanka);
  • unauthorized use of third parties’ trademarks. Everjobs Sri Lanka may request at any time proof of authorization for use any marks;
  • unauthorized use of any content (such as logos, pictures, texts, trademarks etc.) not owned by Employer or licensed to Employer to the necessary extent;
  • use of misleading information, especially use of misleading or hidden keywords to achieve a higher popularity in result lists or number of page views;
  • content that violates applicable laws;
  • a job position for and/or advertisements for and/or any other form of endorsement for competitors of Everjobs Sri Lanka;
  • any form of endorsement or advertisement for the sale of products or services;
  • endorsement of any kind of involvement in any variation of a fraud or scam scheme.

Employer agrees to deal reasonably and professionally with Users who respond to any Job Post. Everjobs Sri Lanka does not guarantee that Users responding to Job Posts are suitable for the offered job position. Employer acknowledges that it might be necessary to perform checks and implement procedures to the extent necessary at Employers own discretion to ensure Users are suitable and qualified for the offered job position.
 
If a Job Post or communication with regard to a Job Post conflicts with any requirements set out in these Terms or if the conformity of any Employer Content (as defined below) with these Terms is in doubt, Everjobs Sri Lanka may in its own discretion take appropriate measures to enforce conformity of any conduct with these Terms (not publishing respective content is to be considered an appropriate measure in such circumstances).
 
Employer expressly grants Everjobs Sri Lanka the right to use Employer’s company name and respective trademarks for the purpose of increasing visibility and number of applications through booking advertising and/or search optimization in connection with search engine marketing.

 

4. CV Database

Everjobs Sri Lanka manages, saves, and processes various CVs submitted by Users in a CV Database (“CV Database”).

a) Use of the CV Database

Employer has to ensure that its use of the CV Database and all connected data is in accordance with all applicable privacy and data protection laws. Employer agrees not to share any of the data from Everjobs Sri Lanka’s CV Database with any third party, unless authorized in writing by Everjobs Sri Lanka.
 
Employers are obliged to take appropriate measures to protect data received from Everjobs Sri Lanka’s CV Database from access by third parties. It is prohibited to use CV Database’s data in any kind of automatic process that involves scanning, downloading or evaluating the CV Database; including scraping.
 
Data from Everjobs Sri Lanka’s CV Database must not be used:

  • for purposes other than contacting Users to solicit job offers; such non-permitted purposes include advertisement for products and/or services other than necessary for the Job Post;
  • to contact Users via email or otherwise if respective consent to be contacted has not been given or has been revoked by respective User.

Employer agrees to deal reasonably and professionally with Users contacted in connection with the CV Database. Everjobs Sri Lanka does not guarantee that Users listed in the CV Database are suitable for offered job positions. Employer acknowledges that it might be necessary to perform checks and implement procedures to the extent necessary at Employers own discretion to ensure Users are suitable and qualified for the offered job position.

b) Rights relating to CV Database

All intellectual property and other rights relating to CV Database belong to Everjobs Sri Lanka. Employer acknowledges and agrees that Employer does not acquire any rights relating to the CV Database except as necessary and to the extent for Everjobs Sri Lanka to perform offered services.

 

5. Website Content

All Website content (including but not limited to audio files, codes, data, designs, graphics, icons, images, information, logos, messages, music, pictures, software, sounds, texts, videos) is protected under intellectual property law and other laws. It is not permitted to use any Website content outside the Website for commercial purposes not impliedly or expressly authorized by Everjobs Sri Lanka. Nothing in these Terms shall be construed as granting any license for intellectual property rights to Employer. Unauthorized use of any Website content may violate applicable laws and will be prosecuted by Everjobs Sri Lanka.

 

6. Content created by Employers

Employers are solely responsible for their postings on Everjobs Sri Lanka.
 
Employer will create content (possibly including but not limited to audio files, data, designs, emails, graphics, images, information, logos, messages, music, pictures, texts, trademarks, videos) by way of posting, publishing, and/or sending (or submitting in any other way) in connection with the Website or any communication with Everjobs Sri Lanka or Users (“Employer Content”).
 
By creating Employer Content, Employer allows Everjobs Sri Lanka to publish Employer Content for the purpose of providing the offered services. Offered services may include publications of Employer Content by third party service providers. Specifications with regard to publications of Employer Content are available in the description of offered services on the Website.
 
Employer further allows Everjobs Sri Lanka to mention Employer (and related Employer Content) as reference customer in Everjobs Sri Lanka’s marketing materials; this involves presenting examples of the services provided to Employer.
 
Employer acknowledges and agrees that certain Users and Visitors might access, download, store and/or reproduce Employer Content in their own discretion beyond Everjobs Sri Lanka’s control.
 
Everjobs Sri Lanka expressly reserves the right to refuse to accept displaying and/or publishing any Employer Content in Everjobs Sri Lanka’s sole discretion.

 

7. Everjobs Sri Lanka’s Liability

Everjobs Sri Lanka makes no representations about any content created by Everjobs Sri Lanka, Users, and other Employers on the Website (including but not limited to such content’s accuracy, completeness, reliability, and/or how up-to-date such content is).
 
To the fullest extent possible Everjobs Sri Lanka will not be liable for any loss, arising out of or in connection with the use of the Website and any kind of indirect, special, incidental, reliance or consequential damages (including lost profits), regardless of the form of action the claim against Everjobs Sri Lanka. Furthermore, Everjobs Sri Lanka’s entire liability is limited to the total amount paid to Everjobs Sri Lanka by Employer or $ 500 whichever is greater.

 

8. Indemnification

Employer will defend, indemnify, and hold harmless Everjobs Sri Lanka, its connected companies, and their respective managing directors, employees, and agents, against any claims, actions or demands, including reasonable legal fees against Everjobs Sri Lanka arising as a result or in connection with any Employer Content that Employer provides to any Site.

 

9. Links

The Website contains links to third party managed homepages. Everjobs Sri Lanka is not responsible for content of such homepages and does not make any representations regarding contents. Employer visits linked third-party homepages on its own risk.

 

10. Choice of Law

These Terms are governed by the laws of the Democratic Socialist Republic of Sri Lanka.

 

11. Severability

If any provision of these Terms are invalid or contain gaps, this does not affect the validity of the remaining provisions. Such invalid provision shall be replaced and the gap shall be filled by a valid provision which corresponds to the meaning and purpose of the invalid provision and which corresponds to what would reasonably have been agreed by the Parties in accordance with the sense.