JFL Employer Terms and Conditions
Last modified on 1st April 2020
These Term and Conditions (“T&C”) govern the use of the Jobs For Lebanon (“JFL”) website, platform, and all other associated and/or ancillary services (hereinafter the “Services”) offered by Jobs For Lebanon and/or any of its affiliates by Employers (hereinafter “You,” “User,” or “Employer”). Your use of the Jobs For Lebanon Services constitutes your agreement to these Terms and Conditions.
1. Definitions
“Agreement” means these Terms and Conditions and any other agreements, descriptions, schedules or documents further attached to or referred to in this Agreement;
“Candidate Content” means any Content provided by a candidate to a prospective Employer that is uploaded to the Services by the Candidate;
“Confidential Information” means any non-public or proprietary information or material relating to a Party, whether orally, in writing disclosed to the receiving Party, in electronic, tape, disk, or any other physical or visual form, by or on behalf of the disclosing Party, that is marked or designated as confidential or might reasonably be considered as confidential, including without limitation, all know-how, trade secrets, scientific, technical, statistical, strategic, financial or commercial information;
“Content” means any and all content, information, data, images, photos, video, sound, notes, and works of authorship, articles, or other materials;
“Data Processing Agreement” or “DPA” means if applicable, the data processing agreement attached to the Agreement, which is hereby incorporated by reference;
“Description” means the description of the core JFL Platform, add-ons and features subscribed at the Effective Date and attached to the Order Form;
“Employer” means any individual or business, or representatives thereof, using the Services for the purposes of recruiting Candidates for potential paid, unpaid, full-time, part-time, contract, or other work opportunities on the JFL platform;
“Employer Content” means any Content provided, imported or uploaded to the Services by Employers or Users or on Employer’s behalf;
“Feedback” means all comments and suggestions, whether written or oral, furnished by Users to JFL in connection with the Services;
“Fees” means any Subscription Fees, Professional Services Fees or any other fees that may be set out by JFL;
“Force Majeure” means an event, or a series of related events, that is outside the reasonable control of the Party affected including failures of the internet or any public telecommunications network, virus or other malicious software attacks, disasters, explosions, fires, floods, riots, terrorist attacks and wars;
“Individual” means any individual, candidate, employee or referrer, who leverages their own data to assist in the sourcing of candidates or applies or is sourced as a potential applicant to jobs or companies hosted on the JFL Platform;
“Intellectual Property Rights” or “IPR” means all intellectual property rights wherever in the world, whether registered or not registered, including: (a) all patent and patent applications; (b) trademarks, business names and logos (registered or not registered); (c) trade secrets; (d) copyrights; (e) proprietary and confidential information, ideas, inventions, techniques, sketches, drawings, works of authorship, models, inventions, know-how, processes, apparatuses, equipment, algorithms, software programs, software source documents; and (f) all other similar proprietary and confidential rights;
“Party“ or “Parties” means the Employer contracting party and the JFL company as set forth in the Order Form;
“Personal Data” means any Content or information related to an identified or identifiable Individual;
“Schedules” means any schedule attached to the main body of this Agreement;
“Services” means the Subscription Services, the Professional Services and any further Services offered by JFL and/or its affiliates;
“JFL Content” means any content, data, or recommendations that are provided by JFL to the Employer;
“JFL Site” means the website located at www.JobsForLebanon.com and any other URLs owned or operated by JFL and designated by JFL for use hereunder;
“JFL Platform” means the talent acquisition platform as described in the Description;
“JFL Technology” means the Services and all intellectual property rights in the Services, the JFL Content and any of the JFL’ proprietary technology, including software, hardware, products, processes, algorithms, user interfaces, know-how, technologies, designs and other tangible or intangible technical material or information made available to Employer by JFL in providing the Services;
“Third-party Add-on Services” means the third-party add-on services as set out in section 6 hereunder;
“Users” means Employer’s employees, contractors, consultants and representatives who are authorized by Employer to utilize the Services and who are provided with access to the Services by virtue of a password or the equivalent thereof. Users shall not be competitors of JFL;
Unless other specified herein: (i) the word “including” means “including but not limited to”; and (ii) any reference to days will mean calendar days. For the avoidance of doubt the word “ensure” as used in this Agreement does not constitute a guarantee, but (only) a contractual obligation.
2. Provision of the Services by JFL
2.1. JFL will provide access to the JFL Platform and the Services to Employers for the purposes of helping them identity, vet, engage, and recruit prospective Candidates.
2.2. JFL will make the Services available to the User via Internet.
3. Access Grant and Restrictions
3.1 Subject to the terms and conditions of the Agreement, JFL grants Employer a worldwide, non-exclusive, non-transferable right to permit the Employer and the Users to do the following solely for the purposes of locating and hiring potential employees for the Employer:
a. access the features and functions of the Services solely for Employer’s internal business purposes during the Term; and
b. view, download, reproduce, and print job & Candidate Content made available to Employer through the Services.
The Employer shall undertake reasonable efforts to make all Users aware of the provisions of this section 3. JFL may suspend access for any User who violates this Agreement, provided that such violation is not cured within thirty (30) days of the Employer receiving written notice thereof as set forth in section 4.2.
3.2 The Employer agrees that the Employer will not: (a) permit any third party to access and/or use the Services, other than the Users authorized under the Agreement or in the case of application programming interface access granted by a third party; (b) rent, lease, loan, or sell access to the Services to any third party; (c) interfere with, disrupt, alter, translate, or modify the Services or any part thereof, or create an undue burden on the Services or the networks or services connected to the Services; (d) reverse engineer, decompile, disassemble or otherwise attempt to obtain or perceive the source code from which any software component of the Services are compiled or interpreted, and the Employer acknowledges that nothing in this Agreement will be construed to grant the Employer any right to obtain or use such code; (e) access the Services in order to build or create a derivative, competitive or similar product or service or copy any ideas, features, functions or graphics of the Services; or (f) introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services.
3.3 The Employer agrees not to attempt to access any of the Services by any means other than through the interface that is provided by JFL nor to engage in any activity that interferes with or disrupts the Services or infringes on JFL’ and/or its third-party vendors’ brand or intellectual property rights. The Employer will use the Services and all Candidate Content in conformance with all applicable laws.
3.4 In addition, the Employer agrees not to use, or encourage or permit others to use, the Services to: (a) stalk and/or harass another; (b) harm minors in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent the Employer’s affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers to disguise the origin of any Content posted on or transmitted through the Services; (e) use the Services or Content such that it will mislead a third party into believing that he or she is interacting directly with JFL or the Services; (f) engage in any chain letters contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise); (g) access or use the Services in any manner that could damage, disable, overburden or impair any JFL server or the networks connected to any JFL server; (h) harvest, collect, gather or assemble information or data regarding other users without their consent; or (i) market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by JFL.
3.5 The Employer agrees not to store any illegal content or content which violates applicable law, or material rights of third parties within the provided storage space. The Employer is obliged to scan the Employer Content and the content for viruses and other harmful components before storing them on the server and to use appropriate virus protection programs.
3.6 The Employer shall ensure that each username and password issued to a User will be used only by that User. The Employer is responsible for making commercially reasonable efforts to maintain the confidentiality of all Users’ usernames and passwords. The Employer agrees (a) other than third parties who are authorized pursuant to the definition of “Users” as set forth in section 1 (Definitions), not to allow a third party to use Employer’s account, usernames or passwords at any time; and (b) to notify JFL promptly of any actual or suspected unauthorized use of the Employer’s account, usernames or passwords. JFL reserves the right to terminate any username and password, which JFL reasonably determines may have been used by an unauthorized third party or for an unlawful purpose. JFL shall notify the Employer of any actual or suspected unauthorized use of the Employer’s account, usernames or passwords.
4. Integrations – Third-party Add-on Services (“Market Place”)
4.1 Use of the Platform may include the provision of integrations to third-party services. JFL shall make all reasonable efforts to ensure the successful operation of the integration. However, as the integration to third-party services is dependent upon the technical setup of third-party systems, which are not under JFL’ control, JFL shall not be liable for any failures relating to the integration resulting from actions or omissions of the Employer or this third-party.
4.2 The Services are pre-integrated with a number of Third-party Add-on Services. These Third-party Add-on Services are provided by third party vendors on their own behalf and on their own accounts, i.e. such third-party vendors are not acting as JFL’ subcontractors or sub-processors. When the Employer purchases such Third-party Add-on Services through the JFL Platform, the terms and conditions of those third-party vendors including the data protection terms apply to the Employer.
The Employer agrees that JFL (i) is not responsible for the content and the operation of any Third-party Add-on Services and makes no representation and (ii) has no liability whatsoever to the Employer.
The Employer is urged to review such terms and conditions before purchasing or otherwise accessing any such Third-party Add-on Services. Such Third-party Add-on Services’ terms and conditions, and not this Agreement, will govern the Employer’s use of such Third-party Add-on Services. JFL cannot and does not take any responsibility for, nor makes any warranty on behalf of, such Third-party Add-on Services. If a third-party vendor ceases to make them or any data or functions therein available for interoperation with the Subscription Services on reasonable terms, JFL may cease providing those features without entitling Employer to any refund, credit, or other compensation (except for a refund of third-party services purchased in the situation where Employer has pre-bought Third-party Add-on Services that are no longer available).
Default payment for Third-Party Add-on Services (e.g. Marketplace) is the credit card specified by the Employer and the Employer shall give credit card details at the time of the subscription. If the Employer does not pay the invoice linked the subscribed Third-party add-one Services, JFL is entitled to charge the said credit card for the amounts subscribed by the Employer.
The Employer acknowledges that any prepaid but unused Third-party Add-on Services purchased on the JFL Platform will expire 1-year from the date of purchase of the Third-party Add-on Services. In addition, Employer agrees and acknowledges that the third-party vendor may change or amend its guidelines or functionality and/or the Subscription Services’ interface with it at any time, and JFL will not be liable to the extent any resulting issue is outside JFL’ reasonable control. Per Employer’s request, JFL may act on the Employer’s behalf to procure Third-party Add-on services.
5. Employer Content
5.1 Employers grant JFL a non-exclusive, worldwide, royalty-free and fully paid license to: (a) use, reformat, display, modify and create derivative works of the Employer Content solely for the purpose of and to the extent necessary to provide the Services hereunder to the Employer (including, where applicable, sharing and providing such Employer Content with candidates & employees); and (b) use Employer’s trademarks, service marks, and logos to provide the Services to Employer and the candidates as set forth hereunder. All rights in and to the Employer Content not expressly granted to JFL in this Agreement are reserved by the Employer. As between the Parties, Employer retains all right, title and interest in and to the Employer Content and JFL acknowledges that it neither owns nor acquires any additional rights in and to the Employer Content not expressly granted by this Agreement. JFL further acknowledges that Employer retains the right to use the Employer Content for any purpose in the Employer’s sole discretion.
5.2 The Employer shall be responsible for and assumes the risk, responsibility and expense of: (i) any problems resulting from, the accuracy, quality, integrity, legality, reliability, and appropriateness of all such Employer Content; (ii) acquiring, installing and maintaining all connectivity equipment, hardware, software and other equipment as may be necessary for it and its Users to connect to, access, and use the Services; and (iii) JFL being compelled to be a witness in any proceeding to which JFL is not a party or if JFL receives a subpoena with respect to any proceeding to which JFL is not a party that are in any way related to Employer’s use of the Services.
5.3 JFL and the Employer acknowledge and agree that Individuals own and control certain Personal Data, and JFL’ use thereof, and may have certain rights in such Personal Data (as opposed to Employer or JFL having such rights), notwithstanding anything to the contrary in this Agreement.
6. Representations and Warranties
6.1 Each Party warrants and represents that it has legal rights and authority to enter into this Agreement and to perform the obligations herein.
6.2 Each Party warrants and represents that it shall respect all applicable laws and regulations (including any export laws and regulations and customs regulations) related to this Agreement.
6.3 JFL represents and warrants that it has all rights to license the Services to the Employer and it has and will maintain all necessary third-party licenses necessary for the performance of the Services.
6.4 The Employer represents and warrants that it shall own all rights, title and interest in and to all of the necessary Employer content, copyrights and IPR required for it to comply with its obligations under this Agreement.
6.5 The Employer represents and warrants not to use the Services for any purpose that is unlawful and prohibited by this Agreement and by any regulations.
6.6 EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” AND JFL MAKES NO (AND HEREBY DISCLAIMS ALL) OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE USE, MISUSE, OR INABILITY TO USE THE SERVICES (IN WHOLE OR IN PART) OR ANY OTHER PRODUCTS OR SERVICES PROVIDED TO EMPLOYER BY JFL. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, JFL DOES NOT WARRANT THAT ALL ERRORS CAN BE CORRECTED, OR THAT OPERATION OF THE SERVICE SHALL BE UNINTERRUPTED OR ERROR-FREE.
7. Confidentiality
7.1 Each Party agrees to: (a) use the Confidential Information of the other Party only for the purposes described and as permitted herein; and (b) restrict access to the Confidential Information to such of its personnel, agents, and/or consultants, if any, who have a need to have access and who have been advised of and have agreed in writing or are otherwise bound to treat such information in accordance with the terms of this Agreement.
7.2 The foregoing provision will not apply to Confidential Information that (a) is publicly available or in the public domain at the time disclosed; (b) is or becomes publicly available or enters the public domain through no fault of the recipient; (c) is rightfully communicated to the recipient by persons not bound by confidentiality obligations with respect thereto; (d) is already in the recipient’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (e) is independently developed by the recipient; or (f) is approved for release or disclosure by the disclosing party without restriction.
7.3 Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (a) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order will first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (2) to establish a Party’s rights under this Agreement, including to make such court filings as it may be required to do.
7. Data Protection
7.1 Each Party undertakes to comply with its obligations under the applicable Data Protection regulations with respect to its activities under this Agreement.
7.2 To the extent that is requested by the Data Protection legislation, the terms of the DPA shall apply and the Parties agree to comply with the terms.
7.3 The Employer (data controller) is responsible for the assessment of the legitimacy of the data collection, processing, use and for the protection of the rights of the Individuals. To the extent that JFL (data processor) processes Personal Data disclosed by the Employer, JFL will act only on instructions from the Employer in relation to the processing of that personal data.
7.4 Notwithstanding the foregoing, each Individual has the option to set up a personal account. With this personal account, the Individual controls and is able to coordinate different application profiles and application processes for different job offerings of the Employer and of other companies. The collection, processing and use of data for creating and using this personal account is not done on behalf of the Employer, but lies in the sole responsibility of the Individual and JFL and is therefore not regulated by this Agreement.
8. Intellectual Property Rights
8.1 Nothing in this Agreement shall operate to assign or transfer any Intellectual Property Rights from a Party to the other Party.
8.2 JFL Technology is the exclusive property of JFL or its suppliers. Except as expressly set forth herein, no express or implied license or right of any kind is granted to the Employer regarding the Services or the JFL Technology, or any part thereof, including any right to obtain possession of any source code, data or other technical material relating to the JFL Technology. All rights not expressly granted to the Employer are reserved to JFL. Ownership of all work product, developments, inventions, technology or materials provided by JFL under this Agreement will be solely owned by JFL. JFL, in its sole discretion, may utilize the Feedback furnished by either the Employer or the Users to JFL in connection with the Services. The Employer hereby grants JFL a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback into JFL products and services.
8.3 For any inventions or others made within the frame of this Agreement which are patentable or which can be registered otherwise, only JFL shall be entitled to undertake the respective registrations in its own name.
8.4 For the avoidance of doubt, know-how such as procedures, methodologies, processes used for the performance of the Services which exist at JFL before Effective Date as well as know-how which exists before but was further developed by JFL during the Term of this Agreement shall be and remain the sole ownership of JFL.
9. Open Source Software
The Services provided by JFL include certain free and/or open source software (components) (hereinafter together referred to as “Open Source Software”). The Open Source Software are governed by the respective/relevant Open Source Software terms. The license terms of the Open Source Software that are included in JFL’ Services, and the relevant categories and components, are available under the following link: Open Source Projects available at https://www.smartrecruiters.com/terms-and-conditions/FOSS-2/.
10. Liability
10.1 TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY, OR ITS SUPPLIERS, BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, USE OR GOODWILL, PROCUREMENT COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, PERSONAL OR PROPERTY DAMAGE RESULTING FROM OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN NOTIFIED OF THE LIKELIHOOD OF SUCH DAMAGES.
10.2 Nothing in this Agreement will limit or exclude (i) any liability for death or personal injury resulting from negligence, (ii) any liability from fraud or fraudulent misrepresentation, or (iii) any liabilities in any way that is not permitted or may not be excluded under applicable law.
10.3 Except for amounts owed to JFL by Employer, each Party’s aggregate liability under or in relation to this Agreement shall be limited to any Fees paid by the Employer under this Agreement, regardless of whether such liability arises from a material breach of contract, tort breach of statutory duty or otherwise.
10.4 The Parties agree that the limitations of liability set forth in this section shall survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy. The Parties acknowledge that the Fees have been set and this Agreement entered into in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the Parties.
10.5 Any damage claims or claims in reimbursement of expenses regardless of the legal grounds, shall become statute-barred no later than one year (i) after the discovery of the circumstances giving rise to the claim or (ii) from the effective date of the termination or expiration of this Agreement.
11. Indemnification
11.1 JFL shall have no obligation under this section or otherwise with respect to any infringement claim based upon (a) any use of the Services not in accordance with this Agreement or the Description; or (b) Employer Content; or (c) the negligence and willful misconduct of the Employer. This subsection states the Employer’s sole and exclusive remedy for intellectual property infringement claims and actions.
11.2 Subject to section 11.3., the Employer will indemnify (including without limitation payment of any settlement amount, damages, or judgment), defend, and hold JFL, including its officers, directors, employees, consultants, affiliates, subsidiaries, and agents harmless from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) any third party application provided or utilized by Employer in combination with the Services, (ii) any misuse of the Services by Employer (iii) Employer Content (iv) any dispute or issue between Employer and any third party, and provided that such dispute or issue does not arise as a result of JFL’ breach of the Agreement.
11.3 The indemnifying party’s obligations as set forth above are expressly conditioned upon each of the following: (a) the indemnified party shall promptly notify the indemnifying party in writing of any threatened or actual claim or suit; (b) the indemnifying party shall have sole control of the defense or settlement of any claim or suit; (c) the indemnified party shall cooperate with the indemnifying party to facilitate the settlement or defense of any claim or suit; (d) the indemnified party shall not make any admissions of liability or compromise in relation to the claim without the Indemnifying party’s prior consent (such consent not to be unreasonably withheld; and (e) the indemnified party shall use its reasonable endeavours to mitigate its and the indemnifying party losses, liability, costs and expenses in respect of the claim.
11.4 This section 11 states the exclusive right and remedy for any type of claim described in this section.
12. Professional Services
12.1 The Employer may ask and JFL may provide Professional Services to assist with the implementation, training and integration of the Services. Ownership of all work product created by JFL’ as part of the Professional Services will be considered JFL Technology.
12.2 The Professional Services are described either in the package specified in an Order Form or in a Statement of Work signed by both Parties.
12.3 JFL will perform the Professional Services in a manner consistent with industry standards applicable to the provision thereof.
12.4 The Employer shall collaborate and provide JFL with the sufficient resources, materials and other information that is required to execute the respective Professional Services.
12.5 Any delays caused by the Employer or change in project scope may result in additional applicable Professional Services Fees.
13. Assignment / Subcontracting
13.1 Neither Party shall assign, subcontract, delegate, or otherwise transfer this Agreement, or its rights and obligations herein, without obtaining the prior written consent of the other Party, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. However, either Party may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without any consent of the other party provided that the assignee is not a competitor of the other Party.
13.2 Notwithstanding the foregoing, JFL may subcontract any of its obligations under this Agreement.
13.3 This Agreement shall be binding upon the Parties and their respective successors and permitted assigns.
14. Anti-bribery
Neither Party shall receive or offer any bribes, gifts, things of value in connection with this Agreement.
Each Party hereby undertakes that, at the Effective Date, itself, its directors, officers or employees have not offered, promised, given, authorized, solicited or accepted any undue pecuniary or other advantage of any kind (or implied that they will or might do any such thing at any time in the future) in any way connected with the Agreement and that it has taken reasonable measures to prevent subcontractors, agents or any other third parties, subject to its control or determining influence, from doing so.
15. Severability
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
16. Governing Law and Jurisdiction
16.1 This Agreement will be governed by the laws of the State of Delaware, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
16.2 The Parties agree to submit to the exclusive jurisdiction of the courts of the State of Delaware to resolve any legal matter arising from this Agreement.
17. Miscellaneous
17.1 Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
17.2 Any delay in the performance of any duties or obligations of either Party (except the payment of money owed) will not be considered a breach of this Agreement if such delay is caused by any Force Majeure event, provided that such Party uses reasonable efforts, under the circumstances, to notify the other Party of the cause of such delay and to resume performance as soon as possible.
17.3 These Terms and Conditions constitute the entire agreement between the Employer and JFL and governs the Employer’s use of the Services and supersedes all prior and written agreements, arrangements, communications and representations.
17.4 Given the public nature of the relationship between the Parties, JFL may refer to the Employer on its Employer’s list, press releases, marketing materials, and on its website.
17.5 Each Party’s relationship to the other Party is that of an independent contractor, and neither Party is an agent or partner of the other. Neither Party will have, and will represent to any third party that it has, any authority to act on behalf of the other Party.
17.6 The Employer is responsible for updating Employer’s data to provide JFL with the Employer’s most current email address.
17.7 The sections “Representations and Warranties”, “Confidentiality”, “Intellectual Property Rights”, “Indemnification”, “Liability”, “Priority among the documents”, “Severability”, “Governing Law and Jurisdiction”, “Miscellaneous” shall survive any termination or expiration of this Agreement.
Any notice provided to the Employer pursuant to this Agreement shall be sent to the Employer’s email address mentioned in their Account Portal.
Any notice provided to JFL pursuant to this Agreement shall be sent to JFL, Inc., 8 The Green, Dover, DE 19901, Attn: Chief Executive Officer, copy: Head of Legal at legal@jobsforlebanon.com
JFL Candidate Terms and Conditions
Last modified on 1st April 2020
The following terms of use (“Terms of Use”) apply to you (“You”, “Your”) when You use our Platform and our services (“Services) operated by Jobs For Lebanon (“JFL”, “We”, “us”, “our”) and powered by SmartRecruiters.
Jobs For Lebanon operates a Platform to
- Help You manage your job opportunities via the Candidate Portal: when You apply, You have access to a Candidate Portal where You can find your profile information and application information and receive job suggestions. In this case, SmartRecruiters is the data controller.
- Help Employers find their next hires: when You apply, Employers (the recruiter or hiring manager) can consider You for any job opportunities they have and can use any SmartRecruiters tools to track, manage, and make a decision about Your candidacy.
By accessing and using our Services, You agree to these Terms of Use and to our Privacy Policy.
1. Personal Account
You can set up a personal account (“Candidate Portal”) which allows You to track Your different applications to one or more Employers.
For using the Candidate Portal accessible on https://my.smartrecruiters.com/, You may register from the email You received after applying or having Your consent requested. This is operated by SmartRecruiters under its own responsibility. The registration requires Your email address and a password. Afterwards, You will have the ability to log in with different options (email, LinkedIn, Google).
When You create a User Account with us, You guarantee us that You are entitled to create such User Account and that the information You provide is complete and accurate.
Furthermore, Your data will be used as described in SmartRecruiters’ privacy policy.
You are responsible for maintaining the confidentiality of Your User Account credentials at all times and You shall not share them with anyone else. You are responsible for all activities of Your User Account. In case of any unauthorized usage of Your User Account or security breach, You shall immediately notify us.
For more details about Your rights, please refer to SmartRecruiters’ privacy policy.
You agree that You will not (please note that this list is not exhaustive):
- Use our Platform, Services, or Candidate Portal for any purpose which is in breach of any applicable United States law or statutory duty;
- Use a username that is offensive, vulgar, or obscene;
- Access a User Account used by another person;
- Upload any illegal content;
- Link to any illegal content;
- Upload any content that infringes on the intellectual property rights of third parties (e.g. a name or trademark that is subject to any rights of another person or entity other than You, without appropriate authorization);
- Engage in any chain letters contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
- Access or use Your Candidate Portal and our services in any manner that could damage, disable, overburden or impair any SmartRecruiters server or the networks connected to any SmartRecruiters server;
- Harvest, collect, gather or assemble information or data regarding other users without their consent;
- Use automatic means to access content or data from other users;
- Market any goods or services for any unauthorized purposes (including advertising and making offers to buy or sell goods or services0.
2. Open Source Project
Open Source Software (OSS) is at the heart of SmartRecruiters’ (SR) platforms and SmartRecruiters makes contributions to many Open Source projects. SmartRecruiters believes that using Open Source methodology makes its software a more robust talent acquisition platform as its core components have been subjected to the crucible of peer review for decades. Any problems found with our software can be immediately identified and fixed by SmartRecruiters and the open Source Community.
You can find SmartRecruiters list of Open Source Projects here: https://www.smartrecruiters.com/terms-and-conditions/FOSS-2/
3. Links
JFL and SmartRecruiters are not responsible for the activities, privacy statements or other any content of third-party websites, which are not controlled by JFL or SmartRecruiters. You agree that We shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content or services available on or through any third party websites or services.
4. Intellectual Property Rights
The JFL and SmartRecruiters’ platform and all intellectual property rights in the services including software, hardware, products, processes, algorithms, user interfaces, know-how, technologies, designs and other tangible or intangible technical material or information made available by JFL or SmartRecruiters, is the exclusive property of JFL and SmartRecruiters or its suppliers.
5. Termination
You can terminate Your Candidate Profile – User Account at any time by going to Your Candidate Portal settings.
JFL and/or SmartRecruiters may suspend or terminate these services including Your access to Your Candidate Portal with immediate effect if You violate these Terms of Use, if JFL or SmartRecruiters is legally required to do so, or if You object the validity of new Terms of Use.
6. Warranties – Disclaimer
Except as expressly provided in this Agreement and to the maximum extent permitted by the applicable law, the JFL and SmartRecruiters’ website and services are provided on an “AS IS” basis and “AS AVAILABLE”, and JFL/SmartRecruiters make no (and hereby disclaims all) other warranties, representations, or conditions, whether written, oral, express. Implied or statutory, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose, with respect to the use, misuse, or inability to use the services (in whole or in part) or any other services provided to You by JFL or SmartRecruiters. JFL and SmartRecruiters do not warrant that all errors can be corrected, or that operation of the Service shall be uninterrupted or error-free.
7. Limitation of Liability
TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL JFL OR SMARTRECRUITERS, OR THEIR EMPLOYEES, AFFILIATES, SUPPLIERS, BE LIABLE FOR ANY DAMAGES, INCLUDING DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, USE OR GOODWILL, PERSONAL OR PROPERTY DAMAGE RESULTING FROM OR IN CONNECTION WITH THESE TERMS OF USE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE.
Nothing in this Agreement will limit or exclude (i) any liability for death or personal injury resulting from negligence, (ii) limit or exclude any liability from fraud or fraudulent misrepresentation, (iii) limit any liabilities in any way that is not permitted under applicable law, or (iv) excluded any liability that may not be excluded under applicable law.
TO THE FULLEST EXTENT POSSIBLE BY LAW, JFL AND/OR SMARTRECRUITERS’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY USE OF JFL/SMARTRECRUITERS’ WEBSITE OR TERMS OF USE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED US$100.
Some jurisdictions may exclude certain of the above limitations in terms of warranties or liabilities. In this case, these above mentioned limitations may not apply to You.
8. General
- JFL/SmartRecruiters’ failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights.
- All provisions of these Terms of Use that by their nature are intended to survive, shall survive any termination or expiration of these Terms of Use.
- If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms constitute the entire agreement between You and us regarding our services.
- Nothing in these Terms of Use is to be construed as establishing or implying any partnership or joint venture between You and us not as appointing any party to be an agent or employee of the other.
- These terms shall be governed and construed in accordance with the laws of the State of Delaware (USA)
9. Changes to our Terms of Use
We reserve the right to change these Terms of Use at any time. We will notify You of significant changes to our Terms of Use by sending a notice to the primary email address specified in Your account or by placing a prominent notice on our site. Significant changes will go into effect two weeks following such notification. Non-material changes or clarifications will take effect immediately. We encourage You to check our site and these Terms of Use for updates.
10. How to contact us?
If You have any further queries, please send an email to: info@jobsforlebanon.com
By continuing use of this platform, I acknowledge that I have read the Terms and Conditions for use of the JFL Platform and I agree to it. I affirm that I am in full compliance with all applicable US laws and I understand that by continuing, my information will trigger some processing of my personal data by JFL and/or SmartRecruiters. The data processor has no control over such personal data processing. For more information on this personal data processing, please refer to the recruiting company’s privacy policy.