SplashTop

Terms

"Ts & Cs" - General Terms & Conditions

"Content" - all content including but not limited to any information, text, coding, logos, graphics, symbols, icons and computer programmes

"Company" and "Splash" - the Company incorporated as "Splash Advertising Ltd"

"Site" - this web site

"User" and "You" - all users of this site including but not limited to individuals, incorporated and unincorporated bodies, partnerships, sole traders, entities, employers and employment agencies

"Person" and "Persons" - any person or persons legal or otherwise and any entity including bodies corporate and unincorporated

 

General Terms & Conditions
These Ts and Cs govern the use of this site and the services on it. By using the site you are indicating that you are willing to be bound by the Ts & Cs. If you do not accept these Ts & Cs you may not use this site or its services. The Company may amend these Ts & Cs at any time and on a frequent basis. You will need to read these Ts and Cs, which are binding on you, on a regular basis in order to be aware of what they require.

The headings within these Ts and Cs have no legal effect.

 

Users Posting Jobs
The Company grants users who are posting jobs a personal, non-transferable and non-exclusive right to access and use the site solely for their own personal use in connection with seeking qualified candidates for jobs within their organisation, or for jobs within client companies.

A posting shall relate to a single employment opening only.

 

Recruitment and Employment Agencies 

Recruitment and employment agencies may not sign up to unlimited advertising packages but only to advertising packages identified elsewhere on this site as being aimed at recruitment and employment agencies.

 

Users Seeking Jobs
The Company grants users who are seeking jobs a personal, non-transferable and non-exclusive right to access and use the site solely for their own personal use in connection with their search for a job and in accordance with these Ts and Cs.

 

User Information and Contacting Users
On registration users will be required and/or requested to provide the Company with certain information. Notwithstanding the site privacy policy, you agree that the Company may disclose to third parties, on an anonymous basis, some of the material provided by you when you register or which you enter in to your account. The Company will enable employers and employment agencies which have paid to view resumes to be given all contact details of users who have posted resumes on the site. These details will also be disclosed if you choose to apply for a job on the site to the employer or employment agency to whom you apply. The Company will not otherwise disclose to any third party your name, address, e-mail address or telephone numbers without your prior consent unless such disclosure is required by law.

 

The Company has the right to contact users at any time with information relevant to the operation of existing aspects of the services on the site.

 

The Company has the right to send marketing material to you about new or related services or to offer third party services and products to you if you have indicated that this is permitted when you register or at any later time. Please see the Company's Privacy Policy by clicking here for further details regarding the use of content provided by you.

 

Loss of Material
The Company is not responsible for any loss of content that users post on the site and users shall be responsible for retaining in their possession sufficient quality and quantity of such materials for whatsoever purposes they may require including by way of back-ups.

 

Ownership of the Site 

The contents of this site are the property of the Company or its third party suppliers, or its clients according to its origin and/or agreements reached between the Company and third parties, and agreements reached between the Company and users according to these Ts and Cs, and are protected under copyright and trademark laws. The Company authorises you to download a single copy of the publicly available sections of the site solely for non-commercial use. Any such copy must retain all the content of the original. You may not use the contents in any way for any commercial or other public use. You may not copy, display, transmit or distribute any content from the site except as indicated above. Use of the site does not give you any proprietary rights in any intellectual property.

 

Acceptable Use - General 

The site may not be used in any way to commit, aid or abet a criminal or other illegal offence. It may only be used by individuals for the purpose of seeking employment and career development information and by employers seeking employees and human resources information on behalf of themselves and employment agencies seeking employees on behalf of employers.

 

Users may not:

a/ post content on this site which infringes third party copyright law or other third party legal right;


b/ post content which infringes third party confidentiality, is offensive, defamatory, obscene, hateful, sexually explicit in any way, threatening, abusive, harassing or embarrassing to any other person or user of any sort;


c/ post content which violates the privacy or other personal rights of others;


d/ post material that reveals trade secrets which you do not own or do not have permission from the owner to post on the site.

Any breach as described or similar may result in civil or criminal liability and the Company may prosecute anybody or assist with the prosecution of anybody who attempts or who carries out such activities.

 

Acceptable Use - Site Security
Users may not interfere or attempt to interfere with the integrity of the site in any way including, without limitation:

 

i/ accessing or attempting to access content which it is not intended that a user should be able to access;

 

ii/ breaching or attempting to breach security or authentication mechanisms;

 

iii/ attacking or attempting to attack the site or test or attempting to test it for vulnerability to attack, or placing an unreasonable load on the site, including, without limitation, the use of viruses, spamming and overloading, flooding, mail-bombing and crashing;

Any breach as described or similar may result in civil or criminal liability and the Company may prosecute anybody or assist with the prosecution of anybody who attempts or who carries out such activities.

 

Acceptable Use - Site Interference
Users may not interfere or attempt to interfere with the legitimate use of the site by any person. The following non-exclusive list of activities are prohibited:


i/ sending unsolicited email and/or unsolicited promotions;


ii/ advertising products and services other than jobs;


iii/ forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;


iv/ posting anything which contains viruses, worms, trojan horses or anything else which is intended or might damage or impede the workings of the site or which is intended to or might intercept or expropriate any content or system.

Any breach as described or similar may result in civil or criminal liability and the Company may prosecute anybody or assist with the prosecution of anybody who attempts or who carries out such activities.

 

Other Specific Prohibited Uses
Users may not:

a/ Post content about any business opportunity which requires an up-front or periodic payment, which pays commissions only, or which requires recruitment of other persons or sub-agents or sub-distributors;


b/ post any false, inaccurate or misleading content on the site;


c/ post a resume which is not the user's own resume;


d/ delete or alter any content placed on the site by any other person or user;


e/ reveal any password provided to you for accessing non-public areas of this site to any other person or user;


f/ use or attempt to use any method including any software, spider, robot, avatar, intelligent agent, tool, for searching or navigating this site other than the methods provided by the Company on the this site and other than well known browsers such as Netscape Navigator;


g/ attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the site;


h/ post chain letters or content about any pyramid schemes, franchise, "club membership", or distributorship;


i/ post content about business opportunities or soliciting business or inducing people to engage in business;


j/ impersonate another person;


k/ use the site for the purpose of building up a database of potential employers that you or any other person intends to exploit for any commercial purpose.


Any content discovered to be in breach of these Ts & Cs which has been loaded on to this site may be removed if the fact is notified to the Company and no recompense shall be owed to the user who loaded it on to the site.

 

Any breach as described or similar which may result in civil or criminal liability will enable the Company to prosecute anybody or assist with the prosecution of anybody who attempts or who carries out such activities.

 

No Representations about Content
The Company makes no representations as to the truthfulness accuracy or reliability of any content posted by users. You acknowledge that reliance on content posted by other users is entirely at your own risk including, to the extent permitted by law, whether directly or indirectly due to the Company's negligence or otherwise, all opinions expressed by users.

 

Discretion with Respect to Content, and Non-Liability
If the Company believes that any content submitted by users may create liability for the Company, or is in breach of these Ts and Cs, or have the potential to lead to, or in fact leads to, the loss of the service of the services of the Company's internet service provider, the Company may take any action that it deems appropriate with respect to that content. Whether or not the Company chooses to remove such content it will in no way be responsible or liable to users for such removal.

 

Right to Refuse Permission to Use the Site
The Company reserves the right to expel and/or prevent users from accessing the site for breaching these Ts & Cs and/or the law.

 

Use of Content

By posting any content which it is indicated that you may post, on any part of the site, whether that be in a public, closed or limited user group, or non-public area you grant the Company, or any partner company other partner organisation or partner individual, and affiliates of the Company, absolute and non-exclusive rights to use, publish, modify, adapt, reproduce, aggregate, analyse, communicate to the public, incorporate in other content and translate the content, in any way shape or form that does not expressly identify a particular user.


You hereby represent and warrant that you have all rights over the text and other information necessary to provide such rights to the Company, that any other holder of any rights in the text and other permitted information has waived all rights and validly and irrevocably granted to you the rights to grant such licence for use of the content.

 

Storage of Text and Other Information that Users may Post
User text and other permitted information is stored and processed on secure storage facilities. We undertake not to sell or make available your personal content to third parties except as described in the Privacy Commitment Policy.

 

Keeping Your Log-In Details Secret
You hereby undertake to keep all details necessary for logging in to your account confidential. You hereby agree to notify the Company of any unauthorised use of the details required for logging in to your account and of any unauthorised use of your account.

 

A Passive Conduit Only
This site acts only as a passive conduit to enable users to publish to distribute and publish their text and other permitted information on-line and the Company is not obliged to screen content before it is posted on the site. The Company reserves the right, free of liability and free of responsibility to users, to remove any content from the site if it is notified by a user about material which has been posted on the site which allegedly is not in compliance with these Ts & Cs and/or the law.

 

Company's Liability
The site enables job seekers to post resumes and view career information and recruiters of any description to publish details of job opportunities and obtain recruitment information. The Company is not obliged to screen any content. The Company is not involved in the exchange between candidates and recruiters. Accordingly, the Company has no control over the legality, truthfulness, accuracy or reliability of the representations made, nor knowledge about the ability of candidates to accept offers of employment or competently undertake the jobs for which they are applying, nor any knowledge about whether it is safe to make contact with particular users, nor knowledge about whether recruiters are able to provide the jobs which they have advertised on the website, nor any control over the quality, safety, or legality or other quality of the resumes or jobs posted.


You hereby acknowledge and accept any and all risks including but not limited to physical and economic harm, and of dealing with under-age persons as a result of contacting anybody through or with the aid of this site. You should clearly exercise all reasonable precautions when contacting any other user of this site or any other person with whom you have come in to contact through the use of this site either directly or indirectly.


The Company does not confirm that a user is who the user claims to be. If you should have a dispute with one or more users you absolve the Company including any associated person, employee, agent, and entity from any claims or damages whether they be direct or indirect, actual or consequential of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed which are in any way connected with such a dispute, and you also waive any rights afforded by legislation which are permitted to be waived by law.


The content on this site may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness or any other quality of the content. The use of this website and the content on it is entirely at your own risk including all information designed to help with career development and human resources operations.

The Company does not represent in any way that an employer or employment agent will ask for a candidate's information, ask to interview a candidate or hire a candidate, or that any candidate will be available of or capable of meeting the needs of any employer, employment agency or client.

 

Responsibility for Resume and Job Postings Material

You hereby agree that you are solely responsible for all content and formatting of your resume or job postings including the accuracy and completeness of all information therein that you post on this website.

 

The Company is not responsible in any way for employment decisions taken by any person of any description.

 

The Company is not acting or to be considered as acting as an employer or an employment agency with respect to your use of the site.

 

Service Availability and Your System and Equipment Security
The Company does not warrant that this site will operate error-free. The Company does not warrant that the site and its server or any associated facility, equipment or services are free of computer viruses, worms, infiltration software or other harmful devices of any sort. If your use of this website or the content obtained from it results in the need for servicing or replacing equipment or content, interruptions or delays, the Company is not responsible for those costs or any other consequences.


This website and content are provided on an "as is" basis without any warranties of any kind. The Company, to the extent permitted by law, disclaims all warranties express or implied including the warranties of merchantability, fitness for purpose and non-infringement. The Company makes no warranties about the accuracy, reliability, completeness or any other quality of the content, links, services or other aspects of the site.

The Company will try to ensure that this site is available to users of the world wide web for as much time as is reasonably possible. However, at times the site may be partially or completely unavailable due to the need to make improvements, to undertake maintenance, due to technical faults or for reasons beyond our control such as failures by third party service providers or an actual or a risk of virus or other attack. You agree that we shall have no financial liability to you in the event of such unavailability.

 

Disclaimer of Consequential Damages and Speculative Loss
In no event shall the Company, its directors, suppliers, associates, affiliates, employees, and any third party mentioned on the site, in circumstances including but not limited to negligence, be liable in any way including, without limitation, exemplary, special, punitive, incidental and consequential damages, speculative loss, lost profits, loss of future earnings, prospects, or damages resulting from lost content or business interruption as a result of the use or the inability to use this site and the content on it, whether based on warranty, contract, tort or any other legal mechanism and whether or not the Company is advised of the possibility of such damages.

 

Links to Other Websites
Any links to third party websites are available to enable you easily to navigate to such sites and do not amount as an endorsement by the Company of the contents on such third party websites. The Company is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy or any other aspect of such third party websites. If you decide to access linked third party websites, you do so at your own risk.

 

No Resale or Unauthorised Commercial or other Use

You hereby agree not to assign or resell your rights or obligations under these Ts & Cs. You agree not to make any unauthorised commercial use of the Website.

 

Limitation of Liability

The aggregate liability for the Company to an employer or employment agency for all claims arising from the use of the contents is limited to 100 Jamaican dollars. The Company has no liability to other users.

 

Users acknowledge and agree that the Company shall not be liable for any defamatory, offensive, hateful or illegal conduct of any user.

 

Termination

The Company reserves the right, at its sole discretion, to use all of its legal remedies, including but not limited to immediate termination of your account, denial of access to the site and of any other service provided by the Company, and deletion of any content posted by you, in the event that you breach any of these Ts & Cs or if the Company is unable to verify the accuracy of any content that you submit to the site.

 

Indemnity

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents from and against any claims, actions or demands (in negligence or otherwise), including without limitation reasonable professional fees, allegedly resulting or actually resulting from your use of the site content an/or services, or your breach of the terms of these Ts & Cs or related in any way to any user's conduct towards any other user of the site.

 

The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

 

Severability

If any provision of these Ts and Cs shall be found unlawful, void or unenforceable by a Court of law with competent jurisdiction such provision shall to the extent possible be severed from these Ts and Cs, or be amended by such Court so that it is replaced in an appropriate reduced form, and not affect in any way the validity or the enforcement of the remaining provisions of these Ts and Cs which shall remain in full force and effect.

 

No Relationship Suggested

These Ts and Cs do not constitute any partnership, joint venture, or other relationship.

 

Cancellations and Refunds Policy

In the event that the services provided by the company do not meet with their description, then the company will refund to you any monies paid either direct to your credit card if you have paid by card, or by cheque or cash if you have paid by cheque or cash. To qualify for a refund you must provide the company within 5 working days of the commencement of your contract, or the contract renewal date, with your reasons for believing that the services provided do not meet with their description. If the company agrees with your reasons then you shall be refunded in the manner described.

 

Viewing the Site Outside of Fiji

The Company makes no claims that the content on this site may be lawfully viewed or downloaded outside of Fiji, nor that the services of this site may be used lawfully outside of Fiji. Access to the content and services may not be legal for certain users. If you access the site from outside of Fiji, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

 

Applicable Law

These Ts & Cs are governed by the laws of Fiji. Jurisdiction for any claims arising under this agreement shall lie exclusively with Fiji courts.

 

No Waiver

No waiver of any term of these Ts & Cs shall be deemed to constitute a further or continuing waiver of such term or any other term. No changes to these Ts & Cs shall be made except by a revised posting on this page.

 

Changes to Services

The Company shall be entitled at anytime without notification to users to make changes to the services which are necessary to comply with any applicable security or other statutory requirement.

 

Additional Terms of Use

Certain areas of this site are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.