JobSmart Ltd (“JobSmart Ltd”, “JobSmart”, “we” or “us”) owns and operates the JobSmart mobile app and the related website, Job-seeker portal and Recruiter portal located at www.bejobsmart.com. When you access or use JobSmart's online and mobile services (collectively, the “Website”), you represent that you have read and understand the
These Terms of Services are effective as of 26th March 2016. If you wish to discuss the Terms of Services set out below in further detail, you are welcome to contact us at firstname.lastname@example.org.
The jobs contained in JobSmart are created by people over whom JobSmart exercises no control. You acknowledge and understand that we have no control for the content of the job listings or other information posted herein. These jobs are posted by entities that have no affiliation with JobSmart and we do not screen these posts. We cannot confirm that Users or Recruiters are who they claim to be. JobSmart assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing or information included in JobSmart.
Similar to job content, the profiles of Job-seekers contained in JobSmart are created by people over whom JobSmart exercises no control. You acknowledge and understand that we have no control for the content of the Job-seeker listings or other information posted therein. These profiles are posted by entities that have no affiliation with JobSmart and we do not screen this content. We cannot confirm that Users or Job-seekers are who they claim to be. JobSmart assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job-seeker that is included in JobSmart.
Some parts of the Website may allow users to post information, images, messages, other materials, (any such materials a user submits, posts, displays, or otherwise makes available on the Website is referred to as “User Content”). Such functionality is designed to help readers obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of job opportunities. This User Content is provided by outside contributors. They may occasionally post User Content, including messages or statements that are misleading, deceptive, or downright wrong. JobSmart does not endorse and is not responsible for any opinion, advice, information, or statement contained in the User Content made or displayed on the Website by third parties. 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 JobSmart shall have no liability to you for the content including, but not limited to, explicit language and other potentially offensive material.
Users of the Website must not post User Content or information that is unlawful, fraudulent, discriminatory, threatening, abusive, libellous, defamatory, obscene or otherwise objectionable or that contains sexual, ethnic or racial or other discriminating slurs, or material which contains no relevant or constructive content, which goes beyond profanity into obscenity or abhorrence, or which is otherwise in violation of the law. Users are also prohibited from posting any User Content that contains proprietary information, trade secrets or confidential information. User Content may not contain advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or encourage or cause spamming or flooding.
You are prohibited from posting any User Content containing official identification information, (whether your own or of another person) on the Website, such as National identification number, passport number, insurance number, driver’s license number, immigration number, or any other similar number, code or identifier. Posting such identification information may lead to identity theft and other adverse consequences. JobSmart may remove such numbers but does not undertake any obligation to do so and undertakes no responsibility and disclaims all liability for posting of such numbers.
Although JobSmart has no obligation to do so, we may monitor User Content posted on the Website and reserve the right to delete any User Content or portion thereof which violates the above rules, messages, topics that are unrelated to the specific portion of the Website on which they are posted, advertisements, recruiting or other commercial messages, and any other User Content that we deem in our sole discretion to be inappropriate. If you believe User Content violates our policies, please contact us immediately so that we can consider its editing or removal. JobSmart does not promise to remove any User Content and interpretation of where User Content violates any JobSmart policy always remains within the sole discretion of JobSmart. We reserve the right to disclose all User Content and other relevant information and the circumstances surrounding their transmission to any third party in order to operate the Website properly; to protect JobSmart, our partners and our visitors; and to comply with legal obligations and governmental requests. This means JobSmart may honor court-mandated requests to reveal a user’s electronic address and identity.
Right to Use Materials
To the maximum extent permitted by law, if you post content or submit material on JobSmart, including photographs, you grant JobSmart a non-exclusive, worldwide, perpetual, irrevocable (except as described herein), fully paid, royalty-free, sub-licensable (through multiple layers of sub-licensees) right and license to make, use, sell, sub-license, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction. Furthermore, you grant JobSmart, its affiliates, and sub-licensees the right to use your name and/or user name in connection with the content. When you apply for a job through JobSmart you are sending your information to JobSmart, and asking JobSmart to share that information with a third party. As a Recruiter, when you respond to or contact a Job-seeker who has used JobSmart, you are sharing information with JobSmart and asking us to share it with the Job-seeker. You represent and warrant that: (i) you own the content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) the posting of your content on the Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on or through the Website. You agree to defend and indemnify JobSmart and its affiliates from any claims resulting from any content or materials you provide hereunder. If you wish to revoke your license grant for any such content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identification purposes) and request removal of such content. Your certified letter of request must include (a) the signature of the applicable rights holder for such content or a person authorized to act on behalf of the rights holder; (b) identification of the content for which the license is to be revoked and information reasonably sufficient to allow JobSmart to locate and remove the content on the Website; (c) your name, address, telephone number and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such materials. There may be a charge for answering and executing such a request; please contact JobSmart Ltd for more details.
You agree not to access (or attempt to access) the Website by any means other than through the interface that is provided by JobSmart, unless you have been specifically allowed to do so in a separate agreement with JobSmart. You agree that you will not engage in any activity that interferes with or disrupts the Website (or the servers and networks which are connected to the Website). Unless you have been specifically permitted to do so in a separate agreement with JobSmart, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Website for any purpose. You agree that you are solely responsible for (and that JobSmart has no responsibility to you or to and third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which JobSmart may suffer) of any such breach.
You agree you shall not transmit to JobSmart or upload as part of the Website any Harmful Code or use or misappropriate the data on the Website for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses”, “worms”, “trojan horses”, “time bombs”, “time locks”, “drop dead devices”, “traps”, “access codes”, “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such a result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
Without limiting the foregoing and by way of example only, users may not:
- Generate or facilitate unsolicited commercial email (“spam”)
- Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
- Intentionally distribute viruses, worms, defects, trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
- Conduct or forward pyramid schemes and the like
- Transmit content that may be harmful to minors
- Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email
- Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission
- Use the Website to violate the legal rights (such as rights of privacy and publicity) or others
- Promote or encourage illegal activity
- Interfere with other JobSmart user’s enjoyment of the Website
- Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false of fraudulent pretences
- Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any JobSmart account
- Modify, adapt, translate, or reverse engineer any portion of the Website
- Remove any copyright, trademark or other proprietary rights notices in or on the Website
- Reformat or frame any portion of the pages that are part of the Website without JobSmart’s explicit permission
- Contact other JobSmart users about multi-level marketing (MLM) programs, jobs that require payment to start, and any topics JobSmart considers detrimental to its users
- Create multiple JobSmart accounts without permission
- Bypass any limitations or suspensions of functionality
- Provide false information in the course of using the Website
JobSmart reserves the right to use the content of messages or material sent through or to the Website or JobSmart to prevent potentially illegal activities and activities that are detrimental to other users. We reserve the right to use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or termination of some function for some users.
Registrations – Email Address Provision
Some areas of the Website require you to register or provide an email address. If you register, you agree to; (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address); and (b) be responsible for the confidentiality and use of your username and password and not transfer or resell your use of or access to the Website to any third party. JobSmart is not responsible and disclaims all liability if your email address is used improperly and falsely by a third party.
We reserve the right at all times (but will not have an obligation) to terminate users, reclaim usernames or URLs.
Change In Service and Terms
JobSmart may modify or terminate the Website from time to time, for any reason, and without notice. We reserve the right to modify this Agreement from time to time without notice so check back often to review this Agreement. By using the Website or the application you agree that you are informed about the latest version of the applicable Terms of Services.
Disclaimer of Warranties
JobSmart disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in JobSmart or posted on the Website by JobSmart or third parties. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. JobSmart disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Website or on other sites on the Internet accessed through the Website. Under no circumstances shall JobSmart be liable to you or any user on account of that user’s use of misuse of or reliance on the JobSmart Website.
THE WEBSITE, AND ALL MATERIALS, INFORMATION, USER CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. JOBSMART AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR PROPRIETARY RIGHTS. JOBSMART AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE JOBSMART SERVICES. JOBSMART AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE. JOBSMART AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON JOBSMART.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL JOBSMART OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USERS USE OR MISUSE OF OR RELIANCE ON THE WEBSITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF JOBSMART OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall JobSmart or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, strikes, labor disputes, riots, insurrections, civil disturbance, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, order of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including but not limited to the validity, construction and performance of this Agreement, by and under the laws of Dubai, United Arab Emirates.
In the event of a dispute, an amicable solution shall be sought before taking legal action. If an amicable solution cannot be reached, any legal action shall be brought before the DIFC course of Dubai, United Arab Emirates.
We control and operate JobSmart from the United Arab Emirates. Access to the Materials may not be legal by certain persons or in certain countries. When you access the Web, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, if and to the extent these laws are applicable. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Services.
Termination and Equitable Relief
In the event of any breach by you of these Terms and Conditions or if We are unable to verify or authenticate any information you submit, We may, at our sole discretion, pursue all of its legal remedies, including, but not limited to, deletion of your postings/profiles from the Website and/or immediate termination of your registration or ability to access the Website or any other service provided to you by JobSmart. JobSmart shall have the right to terminate your ability to access the Website at any time without notice and to discontinue or modify any of the information contained on the Website, or the Website itself, at any time. Given the nature of these Terms of Services, you understand and agree that, in addition to money damages, JobSmart will be entitled to equitable relief upon a breach of them by you.
Payment and Cancellation
Services: Different services are purchased and accessed from different pages on JobSmart.com. All prices are in US dollars.
Payment: All amounts payable must be received in full prior to commencement of Service. Customers will be responsible for the payment of any present or future sales, use, excise or other similar tax (excluding taxes based on JobSmart's net income) applicable to the services hereunder. Amounts paid hereunder are non-refundable.
Cancellations and Refunds: Any and all requests for refunds will be reviewed on a case by case basis and awarded at JobSmart's sole discretion. All approved refunds will be made through the original method of payment only.
Credit Card Information: All credit card transactions are managed by Stripe Payments Europe, Ltd. No credit card details will be stored by JobSmart. For information on Stripe's Terms of Service please visit their website.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by JobSmart. This Agreement, together with any amendments and any additional agreements you may enter into with JobSmart in connection with the Website, shall constitute the entire agreement between you and JobSmart concerning the Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
You understand and acknowledge that JobSmart or its licensors owns all right title and interest to the Website and all proprietary rights associated therewith. JobSmart reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the materials accessed through the Website other than your content. Any use of materials or descriptions; any derivative use of the Website or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Website or any materials contained therein.
You may not assign or delegate any of your rights or obligations hereunder without JobSmart’s prior written consent and any such attempts are void. JobSmart may freely assign or delegate its rights and obligation hereunder without notice to you.
In the event where one or more of the contractual provisions of the Terms of Services are null and void, the Terms of Services shall continue to have full force and effect.