Terms and Conditions Candidates
This is the JoboAfrika.com website. This web site is owned and operated by Reed Online Ltd and is made available to you on the following terms and conditions which you are deemed to accept each time you use the website.
"we" means Reed Online Limited, and "our" shall be construed accordingly. "you" means the person firm company or organisation browsing and/or using the JoboAfrika.com website, and "your" shall be construed accordingly.
Interruptions and Omissions in Service
Whilst we try to ensure that the standard of this website remains high and to maintain the continuity of it, the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate this website (or any particular part of it) or to provide the service offered on this website. We may vary the specification of this site from time to time without notice.
Links to other Sites
On this site you will be offered automatic links to other sites which we hope will be of interest to you. We do not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites is entirely at your own risk.
Information on this Site
Whilst we make every effort to ensure that the information on this site is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on this site or any liability in respect of information on this site supplied by you, any other site user or any other person.
Your Use of this Site
You may only use this Site 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 Site 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 to which you do not have authorised access, seek to overload the 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 this Site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Site.
You are solely responsible for any information submitted by you to this site. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trade mark or other intellectual property rights of any person in any jurisdiction. 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 this site. We reserve the right to remove any information supplied by you from the website at our sole discretion, at any time and for any reason without being required to give any explanation.
Information Submitted by You
We will use information supplied by you (including, without limitation, sensitive personal data) to aid the recruitment process and associated administrative functions. This involves us, amongst other things, processing and storing information (including, without limitation, sensitive personal data) and passing or making available online such information to prospective employers and clients; information about vacancies and placements will be passed to candidates and may be posted directly onto the website. We use third parties to help us process your information as part of the recruitment process. We may collect and aggregate data from the information supplied by you to help us to understand our users as a group so that we can provide you with a better service. We may also share aggregate information with selected third parties, without disclosing individual names or identifying information. You consent to us using information provided by you (including, without limitation, sensitive personal data) in each of these ways.
Please note that all Third Party recruitment agencies have agreed to our Terms and Conditions and should they be found to be in breach of the Terms and Conditions, they will be prevented from using our services. Further details of our client terms and conditions.
Content Rights
The rights in material on this site are protected by international copyright, software and trademark laws and you agree to use this site in a way which does not infringe these rights. You may copy material on this site for your own private or domestic purposes, but no copying for any commercial or business use is permitted.
Security and Passwords
In order to register with this site and to sign in when you visit the site, you will need to use a user name and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.
Termination
We may terminate your registration and/or deny you access to the site or any part of it (including any services, goods or information available on or through the site) at any time in our absolute discretion and without any explanation or notification.
Liability
We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the site and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to this website and your use of it to the maximum extent permitted by law.
You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this site.
You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of this site.
Choice of Law and Jurisdiction
The use of this website and any agreements entered into through this website are to be governed by and construed in accordance with English law. The courts of England are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of this website or any agreement made through this website.
Some of the goods or services offered through this website may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom. If you attempt to order, receive, purchase or otherwise benefit from any such goods or services, we do not accept any liability for any losses suffered by you in using this website which you would not have suffered had you been accessing this website as a United Kingdom resident (including as a result of us being prevented from dealing with any application or enquiry by any law, regulation or other ruling applicable in any country).
Changes to Terms and Conditions and Invalidity
These website terms and conditions may be changed by us at any time. You will be deemed to accept the terms and conditions (as amended) when you next use this site following any amendment.
If any provision of these terms and conditions 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.
Registered Office
Reed Executive PLC
Academy Court
94 Chancery Lane
London
WC2A 1DT
Company Number 2061422. Registered in the UK
Terms and Conditions Recruiters
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The following definitions apply:
"Client" means the company, firm or organisation which has set up an account with JoboAfrika.com in order to use the Services.
"Commencement Date" means the date for the commencement of the Services as set out in the Order Confirmation.
"Order Confirmation" means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of telephone orders, the form signed by the Client confirming details and pricing of the Services ordered by the Client.
"JoboAfrika.com" means Reed Online Limited, acting through its division reed.co.uk.
"Reed Corporate Family" means all companies connected with Reed. A company is connected with Reed if it is:
- a subsidiary or holding company of Reed;
- controlled by the same person(s) who control Reed or Reed's holding company;
- a subsidiary or holding company of any company in (i) or (ii) above; or
- a subsidiary or holding company of any company in (iii) above
and "subsidiary" and "holding company" shall be as defined in section 736 of the Companies Act 1985.
"Services" means the online recruitment services as set out in clause 2.
"Terms" means these terms and conditions.
"Website" means www.joboAfrika.com and includes without limitation its content, databases, software, code and graphics.
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The following Services are available from JoboAfrika.com via the Website:
Free Job Adverts: The Client may post up to 50 jobs until the end of 2009 on the Website free of charge. Vacancies, applicants and responses can be managed via the Client's job poster account. Each job advert will be on the site for a maximum of 30 days after it has been added.
Premium Job Adverts: A paid for service whereby the Client's job ads will be given greater prominence in job listings. For the avoidance of doubt, Premium Adverts Posting credits do not roll over beyond the contract end date. Any adverts that are live on the site will remain live until their date of expiry, but no new adverts can be made using the credits from that contract. Each job advert will be on the site for a maximum of 30 days after it has been added.
Branding Opportunities: various opportunities to promote Client brands are available, including Recruiter Profile, where JoboAfrika.com will post a profile of the Client's company or organisation on the Website for an agreed time.
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JoboAfrika.com shall provide the Services in accordance with these Terms. Clients must set up an account with JoboAfrika.com in order to gain access to the Services. The Services do not constitute an offer by JoboAfrika.com, and JoboAfrika.com reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.
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A legally binding contract between JoboAfrika.com and the Client comprising these Terms and the Order Confirmation will come into effect when JoboAfrika.com has received the Client's completed Order Confirmation. JoboAfrika.com will acknowledge receipt by sending a confirmatory email or fax to the Client.
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JoboAfrika.com shall perform the Services using information and criteria supplied by the Client. It is the Client's responsibility to provide accurate and up to date information.
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The Client undertakes not to submit for inclusion in any job advert, its Recruiter Profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect JoboAfrika.com or JoboAfrika.com reputation.
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Other than job poster and Services paid for online, JoboAfrika.com shall issue an invoice to the Client on completion of the Services. The Client shall pay JoboAfrika.com invoice in full within 30 days from the date of invoice. In the event of late payment, without prejudice to any other remedy, JoboAfrika.com reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.
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Online payment services will be carried out by WorldPay. Payment online shall be subject to WorldPay's terms and conditions.
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Once an Order Confirmation has been received, JoboAfrika.com cannot accept any cancellation of the agreed Services and no refunds will be given. Subscription Services are for a minimum term of 12 months unless otherwise agreed with JoboAfrika.com. No refunds will be given for early termination. For the avoidance of doubt, free jobs and Premium Job Advert credits do not roll over beyond the end of the contract. For Services purchased online, refunds may occasionally be given at JoboAfrika.com sole and absolute discretion.
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JoboAfrika.com may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
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JoboAfrika.com reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
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Without prejudice to any other remedy, JoboAfrika.com may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client or if JoboAfrika.com has reasonable grounds to believe that the Client cannot or will not pay its debts.
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JoboAfrika.com reserves the right in its sole and absolute discretion to close any account at any time without reason. Examples of accounts that may be closed include, but are not limited to:
- those of Clients who have not provided full or accurate contact or company information
- those of Clients that JoboAfrika.com considers to be acting inappropriately or illegally
- those of Clients that use the Website to advertise websites, services, businesses and/or business opportunities in any part of the job vacancy or on any part of the site
- those of Clients who fail JoboAfrika.com credit checking process, or who default on payment.
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The Client agrees to use the Website and the Services in 'good faith' i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate job details. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client's access to the Services being removed, and its account terminated.
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All intellectual property rights connected with the Services and/or the Website shall remain vested in JoboAfrika.com or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.
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JoboAfrika.com cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Services will generate any applications, responses or results.
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JoboAfrika.com shall not be in breach of these Terms if events beyond its reasonable control prevent JoboAfrika.com from performing the Services.
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It is the Client's responsibility to protect their computers against any viruses and malware.
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These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between JoboAfrika.com and the Client. The Client acknowledges that it has not relied on any representation made by JoboAfrika.com in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.
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In the event that the Client makes a claim against JoboAfrika.com for whatever reason, JoboAfrika.com liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall JoboAfrika.com be liable for any consequential, indirect or special losses, including without limitation, loss of profits, revenue, interest, goodwill, business and/or savings. Nothing in these Terms shall be construed to exclude JoboAfrika.com liability for death or personal injury by negligence or any other liability which cannot by law be excluded.
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If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
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Notices to JoboAfrika.com shall be sent by email to enquires@JoboAfrika.com and notices to the Client shall be sent by email to the address supplied on set up of the Client's account.
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From time to time JoboAfrika.com will contact Clients in order to evaluate the service they receive and also to promote JoboAfrika.com services and products. JoboAfrika.com monitors the quality of vacancies from time to time in order to provide a better service to candidates.
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For the avoidance of doubt, the Website terms and conditions.
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The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.
Job Adverts and Vacancies
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By submitting a vacancy to the Website, the Client is authorising JoboAfrika.com to post such vacancy and submit candidates ranked by JoboAfrika.com in accordance with the Client's criteria (if any).
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The Client is responsible for the content of the vacancy and will indemnify JoboAfrika.com against any claim, loss, liability, expense and/or damage ("Losses") in connection therewith.
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The Client shall include in the job description the following information:
- Any qualifications and/or authorisations required by law or any or by any relevant professional body;
- If the rate of pay is included, the job description must also include the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or
- Where the Client is employment agency or employment business (as defined in the Employment Agencies Act 1973), it must state in which capacity it is acting in relation to the vacancy.
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The Client shall provide sufficient details about itself and the vacancy to applicants including without limitation the Client's identity, the nature of its business, the nature of the role, the type of work to be performed, the commencement date, the likely duration, the hours of work, the location, the remuneration, the intervals of payment and benefits, and the notice periods required to be given and received.
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Applicants' responses will be forwarded by JoboAfrika.com by e-mail subject to any filtering and ranking. The Client is responsible for verifying the information contained in applicants' responses and JoboAfrika.com accepts no responsibility for the content of any such application. In particular, but without limitation, the Client is responsible for verifying the applicant's identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for the vacancy.
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All and any subsequent dealings between the Client and any applicant in connection with the applicant's response to the job advert are the responsibility of the Client, and JoboAfrika.com accepts no liability whatsoever therewith. The Client will indemnify JoboAfrika.com against any Losses in connection therewith.
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The Client will comply with all applicable laws, including without limitation: the Data Protection Act 1998, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, and the Employment Equality (Age) Regulations 2006. The Client shall indemnify JoboAfrika.com against any Losses in connection therewith.
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The Client, if an employment agency or an employment business, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 ("the Regulations") and the Employment Agencies Act 1973 in relation to all vacancies posted on JoboAfrika.com site, communications with applicants and management of applicants' details. The Client shall indemnify JoboAfrika.com against any Losses in connection therewith.
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The Client shall not post any vacancy where:
- there is a risk to the health and safety of any applicant at the location where the work is to be performed, or
- the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances.
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The Client accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold JoboAfrika.com harmless against any Losses in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the Client in the vacancy posted.
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JoboAfrika.com reserves the right in its sole and absolute discretion to remove any vacancy at any time without reason. Examples of vacancies that may be removed include, but are not limited to:
- those that JoboAfrika.com considers illegal, inappropriate or fraudulent
- those that directly or indirectly require or ask for application or registration fees
- those that advertise franchise, pyramid, network marketing or get-rich-quick schemes
- those that have been indiscriminately posted or duplicated across multiple sectors
- those that advertise websites, services, businesses, business opportunities and/or contact details.
- those of Clients who solicit staff from the Reed family of companies
For the avoidance of doubt, the job advert credits used in the creation / editing of these jobs are not refunded
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Free job adverts are allocated to the Client as a company, firm or other organisation, rather than to individual users or business units. Franchised businesses are allocated free job adverts centrally – to be shared amongst its franchisees – and not to each franchised operation.
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Free job adverts are at the discretion of JoboAfrika.com. Breach by the Client of any of these Terms may result in the free jobs Services being withdrawn from the Client. In the event that the Client has any outstanding debt owing to JoboAfrika.com, the free jobs Services shall be withdrawn.
Registered Office
Reed Executive PLC
Academy Court
94 Chancery Lane
London
WC2A 1DT
Registered Number - 2061422
Registered in the UK