Background
This agreement is between you, the User of this Website, and Seats Are Ltd t/a Jobs365.ie, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms of Use, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a despatch email to you indicating that your order has been fulfilled and is on its way to you.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that Jobs365 advertises and / or makes available for sale through this Website;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Premises” Means our place(s) of business located at Castleforbes House, Castleforbes Road, Dublin 1, Ireland;
“Purchase Information” means collectively any orders, invoices, despatch notes, receipts or similar that may be in hard copy or electronic form;
“Service” means collectively any online facilities, tools, services or information that Jobs365 makes available through the Website either now or in the future;
“Jobs365” means Jobs365, Castleforbes House, Castleforbes Road, Dublin 1, Ireland;
“System” means any online communications infrastructure that Jobs365 makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Jobs365 and acting in the course of their employment; and
“Website” means the website that you are currently using (www.jobs365.ie) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
Data protection
Our use of CVs and other personal information supplied by users of this site is governed by our privacy policy. Please click here to view our privacy policy.
Personal data which you supply to us may be transferred to third party service providers to be stored or processed on our behalf, including third parties located outside of the European Economic Area in countries where there may be a lower legal level of data protection. However, we will always endeavour to handle your information in accordance with this privacy policy, wherever it is processed.
Use of the website
The information and services available on the site are provided for the sole purpose of individuals looking for employment opportunities and career information and for employers seeking to recruit staff. You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site and if you do or if you perform any other unauthorised processing of information on the site it shall be deemed a material breach of these terms and conditions which, in the case of a Customer, shall entitle us to terminate the Services immediately on notice in writing. Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorised processing of information.
All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to Jobs365.ie or its third party suppliers. Use of the site does not give you any proprietary rights in such materials.
Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an adult.
For Jobseekers
(We recommend you read these Terms of Use carefully before using Jobs365.ie)
These jobseeker terms set out the information applicable to jobseekers who wish to use www.jobs365ie and apply to the contractual agreement between Jobs365.ie and you who are interested in or use any career service that is offered on Jobs365.ie or other websites that incorporate these Terms of Use.
By using this website you accept these terms.
By using the Site, you confirm that you accept these Terms of Use and that you agree to comply with them.If you do not agree to these Terms of Use, you must not use the Site.
We recommend that you print a copy of these Terms of Use for future reference.
Object of the agreement and scope of the services
You can use certain services on Jobs365.ie without registration. The registration of a Jobs by Email or a Jobs365.ie account will offer you additional functionalities and services.
a. Services available without registration
Without the registration of a Jobs by email or a Jobs365.ie account you may use all services that are available on our website without registration. Particularly you can browse jobs that are published on our website.
b. Job alerts
You can subscribe to Job alerts through our website. That means you will then regularly receive job alerts about listings which match your criteria. You can create job alters manually which match a profile that has been defined by you in advance. If you also register or have registered a Jobs365.ie account, you can manage the job alters described below in c.
c. My Jobs365.ie Account
Certain Services will only be available as part of a Jobs365.ie account.
If you enter into an agreement for a Jobs365.ie account, you can use additional Services as described hereinafter. You can register for a Jobs365.ie account as described in these Terms of Use.
(i) Saved Jobs
You can save job ads that you have viewed, e.g. by clicking the respective button in the job ad. You will then be able to access such saved listings in your Jobs365.ie account.
(ii). Jobs365.ie Profile
You can create a CV-profile (“Profile”) within your Jobs365.ie account, which will consist of various CV related information as well as attachments provided by you. You can choose between three settings for a Profile. It can either be
- Yes – I want my profile and CV to be visible to potential employers(Recommended).
- Yes – I want my profile to be visible to potential employers, but please keep my personal information and CV hidden.
- No – Please do not make my profile searchable
You may change the setting at any time. You can use any such Profile to apply to job offers that are published on the Jobs365.ie websites or apps. The respective recruiting company will then have access to your Profile and will be able to see the data you provided. We will also use the data you have provided as part of your Profile to provide you with job ad recommendations tailored to your needs based on your Profile data. To provide you with the specific Services under the Jobs365.ie Profile, we will store the date of your last activity on Jobs365.ie.
If you choose to make your Profile visible but your personal information hidden, customers that have purchased access to or are otherwise entitled to use Jobs365.ie’s CV Database will have access to parts of your profile such as current job title, current salary, key skills & personal summary and application history. For these profiles no name, no email address, no phone number or CV will be displayed. All other data you have provided as part of your Profile will be fully accessible to CV Database
If you choose to make your Profile active and public, you grant access (including a search functionality and download) to and disclose your complete Profile and the attachments thereto as well as the Last Activity Date to CV Database users As part of an active and public Profile we may also provide a link to a profile about you on a publicly available business related social media website we have found about you to CV Database search users
We do not warrant or guarantee a minimum volume of storage capacity for your Profile. We reserve the right to temporarily or permanently restrict the data volume for uploads of data, especially if necessary due to technical reasons, for example in order to maintain or optimise the Service.
(iii). Application History
Within your Jobs365.ie account we store your applications to job listings that were published on the Jobs365.ie platforms for two months in a history that can be accessed via your Jobs365.ie account. Information from such applications can be used to prefill fields if you create a Jobs365.ie Profile as described above.
(iv). Additional functions for Job alerts
In your Jobs365.ie Account you can manage the Job by email settings, i.e. the criteria used to match your job alerts. We also send job alerts based on your search behaviour and your job inventory changing. You can at any time deactivate Job alerts or Instant job match.
We refer you to other policies on Jobs365.ie:
- Our privacy policy, which sets out the terms on which We process any personal data We collect from you, or that you provide to Us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate;
- Our cookie policy, which sets out information about the cookies on the Site; and
- If you are a recruiter, our Recruiter terms and conditions, which sets out information applicable to Recruiters.
We amend these Jobseeker Terms from time to time. Every time you wish to use the Site, please check these Jobseeker Terms to ensure you understand the terms that apply at that time.
Which country’s laws apply to any disputes?
This Agreement, and any issue connected with it, are governed by and construed in accordance with Irish law. The courts of Ireland have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of the Website or this Agreement. If any provision of the Agreement is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods in the course of business.
4. International Customers
If Goods are being ordered from outside Jobs365 country of residence, import duties and taxes may be incurred once your Goods reach their destination. Jobs365 is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Jobs365 cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
5.1. Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Jobs365, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
5.2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Jobs365.
6. Third Party Intellectual Property
6.1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2. Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Jobs365 or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site wwwjobs365.ie without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Jobs365. To find out more please contact us by email at info@jobs365.ie.
10. Use of Communications Facilities
10.1. When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
10.1.1. You must not use obscene or vulgar language;
10.1.2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
10.1.3. You must not submit Content that is intended to promote or incite violence;
10.1.4. It is advised that submissions are made using the Jobs365 language(s) as we may be unable to respond to enquiries submitted in any other languages;
10.1.5. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
10.1.6. You must not impersonate other people, particularly employees and representatives of Jobs365 or our affiliates; and
10.1.7. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
10.2 You acknowledge that Jobs365 reserves the right to monitor any and all communications made to us or using our System.
10.3 You acknowledge that Jobs365 may retain copies of any and all communications made to us or using our System.
10.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
11. Accounts
11.1. In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
11.1.1. All information you submit is accurate and truthful;
11.1.2. You have permission to submit Payment Information where permission may be required; and
11.1.3. You will keep this information accurate and up-to-date.
11.1.4. Your creation of an Account is further affirmation of your representation and warranty.
11.2. It is recommended that you do not share your Account details, particularly your username and password. Jobs365 accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
11.3. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Jobs365 immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are despatched. In the event that an unauthorised purchase is despatched prior to your notifying us of the unauthorised nature of the purchase, Jobs365 accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
11.4. When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
12. Termination and Cancellation
12.1. Either Jobs365 or you may terminate your Account. If Jobs365 terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.2. If Jobs365 terminates your Account, any current or pending purchases on your Account will be cancelled and will not be despatched.
12.3. Jobs365 reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and despatch.
12.4. If purchases are cancelled for any reason prior to despatch you will be refunded any monies paid in relation to those purchases.
12.5. If you terminate your Account any non-despatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
12.6. Your right to cancel can be exercised in writing or via email.
16. Privacy
16.1. Use of the Website is also governed by our Privacy Policy http://www.jobs365.ie/security-privacy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
16.2. The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy http://www.jobs365.ie/security-privacy. By accepting these terms and conditions, you are giving consent to Jobs365 to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.
16.3. If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
17. Disclaimers
17.1. Jobs365 makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
17.3. No part of this Website is intended to constitute a contractual offer capable of acceptance.
17.4. Whilst Jobs365 uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
Our liabilty
We do not warrant that the Website will be available on an uninterrupted basis, and we accept no liability in respect of losses or damages arising out of any unavailability of the Website.
We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password as a result of your negligence or breach of this Agreement.
In no event will the Company be liable for any losses or damages including indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract or negligence, arising out of or in connection with the use of the Website, including arising out of changes made to the Content of the Website by any third party. Your access to and use of the Website and Content is at your own risk.
You acknowledge that by accessing the Website, you may come into contact with Content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that the Company shall have no liability to you for any User Content including explicit language and other potentially offensive material.
The Company does not endorse and is not responsible for any opinion, advice, information, or statement contained in the User Content. To the fullest extent permitted by law, the Company shall under no circumstances be liable for any use, misuse of or reliance upon, any User Content, for any claim made in relation to these Terms of Use, or for any damages, whether direct, indirect, incidental, consequential, special or punitive, and whether arising from use, misuse or reliance upon the User Content, from damage caused by information contained in the User Content or to damages incurred by reason of use of any links provided within the User Content. We expressly exclude our liability for any loss or damage arising from the use of the Website and/or Website Services by a user in contravention of our Agreement, whether the Website and/or Website Services are moderated or not. Any action that we might take in respect of a user or regarding Content, for example, deletion, editing or declining to publish, is neither an admission of liability on our part nor an indication of the breach or otherwise of any standard, Legal Provision or term by a user. Where we do moderate the Website and/or Website Services, we will normally provide you with a means of contacting the moderator or an administrator, should a concern or difficulty arise.
In accessing this Website you acknowledge that the Company is not liable for the misuse, alleged or otherwise, of third party intellectual property rights by users of this Website who create User Content.
Your use of the website and your liability
Your account and password
If any of the Website Services require you to register with us, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account and you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
You may not use anyone else’s account at any time, without the permission of the account holder. Any links provided on the Website are provided for your interest or convenience only and do not represent or imply any endorsement by us of such linked websites and we cannot be held liable for any loss or damage which may arise from use of such third party websites or contracts entered into resulting from the use of such third party websites.
You acknowledge that the use of such third party websites is governed by the terms and conditions of use applicable to such websites.
Privacy and information provided by your including user content
We are committed to safeguarding your privacy online. Please refer to our Privacy Policy for full details of our firm commitment to privacy.
4.3 CREATING AND POSTING USER CONTENT
4.3.1 You may only create and publish User Content for purposes that are consistent with the Agreement and that are not illegal or otherwise breach Applicable Laws. You may not create any User Content that contains confidential or proprietary information, intellectual property, personal data relating to third parties (including an individual’s name or other information which identifies a living individual) or trade secrets, or which breaches your employment agreement.
4.4 LICENCE OF USER CONTENT
4.4.1 By submitting User Content you hereby grant to us and our licensees a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, transferable and royalty-free licence to use, copy, make, reproduce, display, perform, distribute, sub-licence, sell, delete, edit, prepare derivative works from, analyse and otherwise exploit the User Content for the purposes of managing our Website, providing the Website Services and operation of our businesses (including by compiling it together with other User Content and anonymising it to perform statistical analysis for comparison or benchmarking purposes) to the extent permitted by applicable laws
4.4.2 You acknowledge that we are owner of the intellectual property rights in the Content (whether jointly or solely) and that our prior written permission is required for any such use or removal of the Content. Your use of the Content does not give you any proprietary rights in the Content.
4.5 LIABILITY FOR USER CONTENT
4.5.1 By submitting User Content to this Website you acknowledge that any use, display, copying or reproduction that you make of a company trade mark or logo or inclusion of Employer or third party text or other content (including by hyperlink text) constitutes use of third party intellectual property rights and you agree that you are wholly responsible for ensuring that your User Content is permitted.
4.5.2 If you have a clarification, feedback or a complaint regarding the accuracy of specific User Content, you may tell us about it by using the Report functionality beside the specific User Content on the Website.
4.6 LIABILITY FOR EMPLOYER REVIEWS
4.6.1 The results of your Employer reviews created by your User Content may, for example, be shown as star ratings for that Employer as part of all Website Services. You acknowledge that your ratings created from User Content are generated as an automated processing of User Content that represents users’ purported experiences, and do not represent our endorsement or view of the Employer.
4.7 UNLAWFUL & PROHIBITED USE
4.7.1 You may only use the Website and/or the Website Services for lawful purposes when seeking employment or help with your career, or when recruiting staff. You must not under any circumstances seek to undermine the security of the Website or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information on the Website to which you do not have authorised access, seek to overload the Website system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of the Website or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Website. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to the Website.
4.7.2 You are prohibited from using the Website and/or Website Services in any manner deemed to be in competition with our business activities (as determined by us at our sole discretion).
4.7.3 You are prohibited from using or removing any Content from the Website by any means for any purposes deemed to be in competition with our business activities (as determined by us at our sole discretion).
4.7.4 We reserve the right to remove any information including any Content supplied by you from the Website at our sole discretion, at any time and for any reason without notice or any explanation.
18. Changes to the Service and these Terms and Conditions
Jobs365 reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Jobs365 is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
19.1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
19.2. Jobs365 accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
20.1. To the maximum extent permted by law, Jobs365 accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
20.2. Nothing in these Terms and Conditions excludes or restricts Jobs365‘s liability for death or personal injury resulting from any negligence or fraud on the part of Jobs365.
20.3. Nothing in these Terms and Conditions excludes or restricts Jobs365‘s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
20.4. The buyer accepts that Goods adapted or modified by the purchaser shall no longer be warranted by the manufacturer nor shall Jobs365 be liable for any failures as a result of such modification.
20.5. Where goods purchased by the buyer are alleged to be defective, the purchaser agrees to return such goods to the seller for inspection without the replacement of goods until such an inspection is complete. The purchaser also accepts that where goods have been incorrectly supplied or are alleged to be defective, the seller takes no responsibility for any consequential losses incurred.
20.6. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Jobs365.
24. Communications
24.1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@jobs365.ie. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24.2. Jobs365 may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the unsubscribe link in any email which you receive from us.
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Jobs365 shall be governed by and construed in accordance with the laws of the Republic of Ireland and Jobs365 and you agree to submit to the exclusive jurisdiction of the courts of Ireland.