Terms Of Service

Last updated January 01, 2020

Our terms of use are divided into terms of use for candidates and terms of use for employers.

Terms of use for Candidates

Introduction

Welcome to the JobFairy.co website and our terms of use.

These terms of use Constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and JobFairy (“Company”, “we,” “us,” or “our”), concerning your access to and use of the the JobFairy.co website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

In the event of a conflict between these terms of use and the terms of the Privacy Policy, the terms of the Privacy Policy will prevail.

You must be at least 18 years old to use the site, and by using the site you warrant to us that you are 18 years or older.

We may terminate your registration and/or deny you access to the Site and or the Services or any part thereof (including any services, products or information available on or through the Site) at any time in our absolute discretion.

We cannot guarantee that the site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the site during any downtime or discontinuance of the site. Nothing in these terms of use will be construed to obligate us to maintain and support the site or to supply any corrections, updates, or releases in connection therewith.

We may amend the Terms of Use at any time by amending this page. The Company and the candidate is expected to check this page from time to time to take notice of any changes that have been made.

These Terms shall be governed by, and construed in accordance with, the laws of Ireland and each party irrevocably submits to the exclusive jurisdiction of the courts of Ireland.

Jobfairy is incorporated in Ireland, our company number is 706733 and our registered address is Newtown, Rathcoole, Co. Dublin. You agree that by accessing the site, you have read, understood, and agreed to be bound by all of these terms of use. If you do not agree to all these terms of use, then you are expressly prohibited from using the site and must discontinue use immediately.

Changes to the site

We may update the Site from time to time, and may change any information or material (including designs, text, graphics, logos, images and related content), presentation, layout or functionality of the Site whether written, published, shared or otherwise appearing on the Site in respect of any of the Services, and for the avoidance of doubt this shall include any and all information or material contained in any advertisements, CVs or User Content appearing on the Site, (the “Content”) at any time. However, please note that any of the Content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any Content on it, will be free from errors or omissions.

We have no obligation to monitor or moderate any user's activity or use of our Website and/or the Website Services, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any Applicable Laws.

Terms specific to candidates

We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. JobFairy assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, Company Pages, screener questions and responses, and assessments.

Terms specific to Employers

As an Employer, your account is for business use and not for personal use. JobFairy is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party.

If you are an Admin adding a user to a Role or several Roles, you represent to JobFairy that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless JobFairy from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data, access to your account, and any purchases made under your account.

You are responsible for the contents of your emails, application form, screener questions or their format, Video interview questions, Company Pages that you create, any Job Listings that you post, and any messages that you send through JobFairy or otherwise, and agree that JobFairy is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal.

You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.

When you view, send, store or receive materials through or using the Site or when you simply use or visit the Site, JobFairy may inform a Candidate that you have taken an action, for example, with regards to a Job Ad, Candidate’s Resume, or application such as pausing or closing a Job Ad, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Ad, and you hereby consent to JobFairy taking such actions.

Our Liability

JobFairy is a conduit to facilitate the introduction of Companies to Candidates. We do not verify or guarantee a candidate’s details. We accept no responsibility as to the suitability of candidates who respond to advertisements or services.

We are not responsible for obtaining work, or any other permits, for the arrangements of medical examinations and/or investigations into medical history of any Talent, and shall satisfy itself of any medical or other requirements or qualifications required by law.

We make no warranty that this Site (or any website that is, or may become linked to this website) is free from computer viruses, "cookies", or any other malicious or impairing computer programs and/or that the Site shall operate uninterrupted and error-free.

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 shall be 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 the Agreement.

Nor do we accept liability, of any description, however arising, for any loss or damage caused to the Company, or any other third party, arising from any virus or other impairing computer program contained in any Candidate CV or information submitted by any Candidate.

The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy.

You acknowledge that by accessing the Site and/or the Services, you may come into contact with Content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that we shall have no liability to you for any User Content including explicit language and other potentially offensive material.

All communications between the Employer and Candidates are private between those both parties. We do not accept any responsibility for the content of such correspondence.

Your liability

You shall defend, indemnify and hold harmless JobFairy against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use (including that of any of your employees, agents or contractors) of the Services (including without limitation any claim arising from any incomplete, inaccurate, incorrect or otherwise defective Candidate profile or CV).

Prohibited Activities

You may not access or use the site for any purpose other than that for which we make the site available. The site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

Use this site for unlawful purposes. You must not use our site to breach any applicable local, national or international law or regulation.

Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security - related features of the site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the site and/or the content contained therein. Use any information obtained from the site in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Knowingly transmit and data, send or upload any material designed to adversely affect the operation of any computer software or hardware.

Intellectual Property Rights

JobFairy is the owner or the licensee of all intellectual property rights in the Site, and in the material published on it (other than the Company Branding and other information inputted by an Employer, if any). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the materials on the Site for any other purpose (commercial or otherwise) other than is permitted under these Terms without receiving express consent from JobFairy.

In accessing the Site you acknowledge that we are not liable for the misuse, alleged or otherwise, of third party intellectual property rights by users of the Site who create User Content.

Our content standards

These content standards apply to any and all material which you contribute to our site.

Contributions must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your contributions must not be false or misleading or inaccurate.

Your contributions must not be obscene, lewd, filthy, violent, slanderous or otherwise objectionable by us.

Your contributions do not violate the public or privacy rights of any third party.

Your contributions do not include any offensive comments that are connected to race, national origin, gender, religion, sexual preference or handicap.

Your contributions must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.

Videos/Photos must be appropriate for all persons who have access to or are likely to access the Content in.

Videos/Photos must not depict violence in an explicit, graphic or gratuitous manner.

Videos/Photos must not be pornographic or sexually explicit.

You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.

You must not use the Services for any purpose relating to the offering for sale, sale or distribution of drugs.

You must not use the Services for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.

Terms of Use for Employers

Introduction

Welcome to the JobFairy.co website and our terms of use. Please read these terms carefully before using the JobFairy platform.

In the event of a conflict between these terms of use and the terms of the Privacy Policy, the terms of the Privacy Policy will prevail.

You must be at least 18 years old to use the site, and by using the site you warrant to us that you are 18 years or older.

We may amend the Terms of Use at any time by amending this page. The Company and the candidate is expected to check this page from time to time to take notice of any changes that have been made.

These Terms shall be governed by, and construed in accordance with, the laws of Ireland and each party irrevocably submits to the exclusive jurisdiction of the courts of Ireland.

Jobfairy is incorporated in Ireland, our company number is 706733 and our registered address is Newtown, Rathcoole, Co. Dublin.

You agree that by accessing the site, you have read, understood, and agreed to be bound by all of these terms of use. If you do not agree to all these terms of use, then you are expressly prohibited from using the site and must discontinue use immediately.

Changes to the site

Fees

You will pay to JobFairy the fees and costs and associated invoicing arrangements for the provision of the JobFairy Platform as set out and calculated in the order form which has been issued by JobFairy to you setting out the full fees and charges payable by you for the services performed on the JobFairy Platform (the “Charges”).

All Charges are exclusive of all VAT, federal, provincial, state or other governmental sales, goods and services, fees or charges in force at any time (Taxes).

You acknowledge and agree that the Charges may be varied by JobFairy at any time (acting reasonably) and that any deposits paid by you to JobFairy are not refundable to you or any other party in any circumstances. Jobfairy will provide you with notice of any variation to the Charges.

You may dispute any Charges which you believe (acting reasonably) are not properly due and owing by you within 10 days of the date of the invoice relating to such Charges. If you do not dispute Charges within this 10 day time period, you acknowledge and agree that such Charges are properly due and owing by you to JobFairy.

Your commitments

As an Employer, your account is for business use and not for personal use. JobFairy is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party.

If you are an Admin adding a user to a Role or several Roles, you represent to JobFairy that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Jobfairy from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data, access to your account, and any purchases made under your account.

You are responsible for the contents of your emails, application form, screener questions or their format, Video interview questions, Company Pages that you create, any Job Listings that you post, and any messages that you send through Jobfairy or otherwise, and agree that JobFairy is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal.

You acknowledge that Jobfairy owns the services, including all content. These terms do not confer to the employer any right or ownership in the content or services. You acknowledge that subject to sub section ‘Ownership of Employer Data’, the Services and the Content (excluding Employer Data, as defined below) are proprietary in nature and owned exclusively by JobFairy.

You have the full rights required of any images that you post on your Employer page.

‘Ownership of Employer Data’.

As part of the Services, Employer and its Personnel may provide certain personal data about Employer's personnel or employees, or potential candidates through their use of the Services and the Platform (collectively, “Personal Data”). All Data that is either provided by the Employer (including any Personnel and Employer’s employees) through or pursuant to the use of the Services and the Platform, or collected by Company through the Platform, and which is proprietary to the Employer (“Employer Data”), will remain the property of the Employer (or the candidate, as applicable).

The above notwithstanding, JobFairy shall have the right to process and analyze the Personal Data and other information relating to the provision, use and performance of various aspects of the Services and the Platform (including, without limitation, information concerning Employer Data and data derived therefrom), and Jobfairy will be free (during and after the Term) to use such information and data to improve and enhance the Services and the Platform and for other development, diagnostic and corrective purposes in connection with the Services and other Jobfairy offerings.

Disclaimer of Warranties; Limitation of Liability

Disclaimer of warranties. JobFairy does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use or operation of the services and the platform (or any part thereof). The services and the platform (and any part thereof), including without limitation any content, data, materials, reports and any information related thereto, are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose or use, or any representations or warranties as to the usability, accuracy, quality, availability, reliability, suitability, completeness, truthfulness, usefulness, security or effectiveness of any content, data, results, or other information obtained or generated by jobfairy and/or employer in connection with employer’s use of the services.

Without derogating from the generality of the above:

JobFairy does not warrant that the functions and features contained on the Platform will be uninterrupted or error-free, that defects will be corrected, that the Platform or any server that makes it available is free from viruses or other harmful components or that successful or accurate results or outcomes will result from Employer’s use of or access to the Platform (including any of its features and functions) or the Services.

Employer acknowledges that any material or Content downloaded or otherwise obtained or accessed through the use of the Services (or by accessing the Platform) is done at Employer’s own discretion and risk and that Employer will be solely responsible for any damage to its computer system or any other device or loss of data that results from downloading any such material or Content.

JobFairy gives no guarantee to Employer that Employer will fill any job or position vacancy that Employer elects to upload onto and advertise or display on our Platform or that Employer will receive any responses from suitable candidates. At the same time, JobFairy does not endorse or recommend any job seekers or anyone else who contacts Employer via or as a result of any information, material or Content on the Platform.

Furthermore, JobFairy accepts no responsibility for any communications or interactions between Employer and any persons, who respond to or contact JobFairy, or whom JobFairy contacts or responds to as a result of any Content Employer or anyone-else uploads, transmits, posts, publishes, displays or otherwise makes available on the Platform or any Content that Employer transmit to others.

Aggregate Liability. In no event will JobFairy’s aggregate liability for any and all claims, losses or damages arising out of or relating to this agreement or any services (whether in contract, equity, negligence, tort or otherwise) exceed the aggregate fees paid by employer to JobFairy under this agreement during the twelve (12) month period immediately preceding the date upon which the applicable cause of action arises.

Indirect damages. under no circumstances will JobFairy be liable for special, incidental or consequential damages, including, without limitation, lost profit or loss resulting from business interruption or loss of data, even if Jobfairy has been advised of the possibility or likelihood of such damages. Jobfairy will not be liable for any delay, loss or damage attributable to any service, product or action of any person other than Jobfairy and its employees.

Indemnification

Employer will indemnify JobFairy for, and hold JobFairy harmless from and against, any and all Liabilities (as defined herein) or Expenses (as defined herein) at any time due, owing, paid or incurred by, or assessed against, JobFairy arising out of (a) a breach by Employer of this Agreement; or (b) any third party claim related to the collection, storage, transfer or other use of Data, Employer’s use of the Services, Platform or the Content, except to the extent the claim is solely attributable to the willful misconduct of JobFairy; provided however, that JobFairy must give Employer prompt notice in writing of the institution of the Proceeding (as defined below), permit Employer to defend the same and give Employer all available information assistance and authority (at Employer’s expense) in connection therewith.

Employer, at its option, will have control of the defense of any such Proceeding including appeals thereof and all negotiations therefor, including the right to effect the settlement or compromise thereof, provided that (i) no settlement, consent order or consent judgment which involves any admission of any liability or wrongdoing, or any act or omission on the part of JobFairy may be agreed to by Employer without JobFairy’s prior written consent, which shall not be unreasonably withheld or delayed, and (b) Employer shall keep the JobFairy informed of the status and progress of such Proceeding, the defense thereof and/or settlement negotiations with respect thereto.

“Liabilities” means all liabilities, losses and claims (including judgments, interest, fines, penalties, attorneys’ fees due any other Party, court costs and amounts to be paid in settlement) reasonably incurred in connection with any Proceeding.

“Expenses” includes all attorneys’ fees and costs, retainers, court costs, transcripts, experts’ fees, witness fees, travel expenses, computer costs, duplicating costs, printing and binding costs, telephone charges, postage, delivery service fees and all other disbursements or expenses reasonably incurred in connection with asserting or defending claims, and any expenses incurred in the enforcement of Employer’s obligations hereunder.

“Proceeding” includes any threatened, pending or completed action, suit, arbitration, mediation, alternate dispute resolution mechanism, investigation, administrative hearing or any other proceeding, whether civil, criminal, administrative or investigative.

Our Liability

The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy.

All communications between the Employer and Candidates are private between those both parties. We do not accept any responsibility for the content of such correspondence.

Your liability

Prohibited Activities

As a user of the Site, you agree not to:

Use this site for unlawful purposes. You must not use our site to breach any applicable local, national or international law or regulation.

Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

Use any information obtained from the site in order to harass, abuse, or harm another person.

Make improper use of our support services or submit false reports of abuse or misconduct.

Knowingly transmit and data, send or upload any material designed to adversely affect the operation of any computer software or hardware.

Intellectual Property Rights

You must not use any part of the materials on the Site for any other purpose (commercial or otherwise) other than is permitted under these Terms without receiving express consent from JobFairy.

In accessing the Site you acknowledge that we are not liable for the misuse, alleged or otherwise, of third party intellectual property rights by users of the Site who create User Content.

Our content standards

These content standards apply to any and all material which you contribute to our site.

We reserve the right to reject your vanity URL post your career page going live at any stage. We will take particular note that franchisees cannot take the name of the franchise, instead we suggest franchise name and location. For example if DazzlinDonuts was the franchise and the franchisee was in Howth, a vanity URL of DazzlinDonutsHowth would be ok, but a vanity URL of DazzlinDounts would not.

In this case the overall URL would read www.jobfairy.co/DazzlinDonutsHowth