TERMS AND CONDITIONS OF USE OF SITE
Last updated March 29, 2005
Please read these Terms and Conditions carefully
before using this Site.
This Site is provided by M/S
WorkJunction, conditional on your acceptance of the Terms and
Conditions. By accessing, using, and/or downloading messages, information,
data, text, software or images, or other Materials from this Site, and by
sending messages, information, data, text, software or images, or
other Content to the Site, you agree on your own behalf and on behalf of
any entity on whose behalf you may act to accept and abide by these Terms and
Conditions for each use and each visit of this Site. If you do not agree to
abide by these Terms and Conditions, you should not use this Site or download
or use Materials from it. These Terms and Conditions apply exclusively to your
access to and use of this Site and do not alter the terms or conditions of any
other agreement you may have with WorkJunction. In case of inconsistency
between these Terms and Conditions and any other agreement you may have with
WorkJunction, the other agreement shall prevail, but only to the extent of the
inconsistency.
1. Changes
to Terms and Conditions
2. Changes
to this Site
3. Permitted
and Prohibited Uses
4. Registration
and Password
5. Proprietary
Rights
6. Links
and Third Party Content
7. Linking
Agreement
8. Agreement
to Privacy Policy
9. Disclaimers
10. Limitation
of Liability
11. Indemnity
12. Choice
of Law
13. Arbitration
14. General
15. Additional
Terms of Use
1.
Changes to Terms and Conditions
WorkJunction has the right, in its sole discretion,
to add to, remove, modify or otherwise change any part of these Terms and
Conditions, including the Privacy Policy, in whole or in part, at any time.
Changes will be effective when notice of such change is posted at this Site.
Please check these Terms and Conditions frequently for updates by checking the
date of "Last Update" at the top of this document. If any change is not
acceptable to you, you must discontinue your use of this Site immediately. Your
continued use of this Site or downloading or use of Materials from it after any
such changes are posted will constitute acceptance of those changes.
2.
Changes to this Site
WorkJunction may terminate, change, suspend or
discontinue any aspect of this Site, including (i) changing the availability of
any features, at any time without notice or liability; (ii) changing any fees
or charges for use of the Site, including instituting new or increased fees or
charges for the use of the Site or any other Site-related Services or any
features thereof; (iii) removing, adding, modifying or otherwise changing any
Materials on or from this Site; or (iv) imposing limits on certain features and
Services or restricting your access to parts or all of this Site without notice
or liability for any reason whatsoever. WorkJunction reserves the right but not
the duty, in its sole discretion, to correct any errors or omissions in any
portion of this Site at any time without notice.
3.
Permitted and Prohibited Uses
The Site may be used only for lawful purposes by
Candidates seeking employment and career information, and by Employers and
Recruiters seeking employees. You agree to use the Site only to send Content
and receive Materials that are proper and related to purpose of the Site.
Subject to these Terms and
Conditions, WorkJunction grants you a non-exclusive, non-transferable, limited
right to access, use and view this Site and the Materials thereon, solely for
your own personal or internal company use, provided, however, that you may not,
nor may you allow others to, directly or indirectly: (i) remove, from any copy
of the Materials downloaded, the copyright or other proprietary notices
contained in the Materials; (ii) sell, reproduce, modify or attempt to modify
the Materials in any way or reproduce or publicly display, perform, or
distribute or otherwise use them for any public or commercial purpose,
including without limitation use of the Materials on any other web site; (iii)
transfer the Materials to any other person without the written consent of
WorkJunction; (iv) print or copy any of the HTML or other computer programs
that are accessible at this Site; (v) use this Site in any manner that could
damage, disable, overburden or impair this Site; (vi) interfere with the
security of, or otherwise abuse, this Site or any services, system resources,
accounts, servers or networks connected to or accessible through this Site or
affiliated or linked sites; (vii) disrupt or interfere with any other person's
use or enjoyment of this Site or affiliated or linked sites; (viii) upload,
post or otherwise transmit on this Site any Content that would negatively
affect the functioning of the Site, including without limitation computer
viruses, Trojan horses, worms or other harmful, disruptive or destructive files
or computer programs or that imposes an unreasonable or disproportionately
large load on this Site's infrastructure; (ix) use any robot, spider or other
automatic program or device, or manual process to monitor, copy, summarize, or
otherwise extract information from this Site or the Materials in whole or in
part; (x) use or attempt to use another's account, password, service, system or
other information without prior written authorization from WorkJunction; (xi)
create or use a false identity on this Site; (xii) attempt to obtain
unauthorized access to this Site or portions of this Site that are restricted
from general access; (xiii) transmit on, to or from this Site spam, chain
letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest
or otherwise collect information about others, except for the sole stated
purposes provided by this Site, including e-mail addresses, without their
consent; or (xv) register an e-mail address that you do not own or for which
you do not have the express permission of the owner to register.
You may post certain Content to the
Site. You may only post Content for the lawful, stated purposes of this Site.
You agree, that in posting Content, you will not, nor will you allow others to,
directly or indirectly: (i) post any incomplete, false or inaccurate
biographical information or information which is not your own accurate resume;
(ii) post any franchise, pyramid scheme, multi-level marketing (MLM)
opportunity, "club membership", distributorship or sales representative agency
arrangement or other business opportunity which requires an up front or
periodic payment, requires recruitment of other members, sub-distributors or
sub-agents; (iii) delete or revise any material posted by any other person or
entity; (iv) post or transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or
tortious or materials which infringe or violate any third party's copyright,
trademark, trade secrets, privacy or other proprietary or property right or
that could constitute a criminal offence, give rise to civil liability or
otherwise violate any applicable law; (v) impersonate any person or entity,
including without limitation a WorkJunction employee or agent, an authorized
user of WorkJunction' Services, a Candidate, an Employer or a Recruiter, or
otherwise misrepresenting your affiliation with any person or entity; (vi) post
opinions, notices or advertisements, commercial or otherwise or solicit
business from Recruiters or Employers who post on the Site, including any
solicitation by any of our competitors of Recruiters or Employers who post on
the Site.
In addition, you agree that you are
solely responsible for actions and communications undertaken or transmitted in
the course of your usage of this Site, and that you will comply with all laws
that apply or may apply to your use of or activities on this Site or in respect
of the Content and Materials. WorkJunction will investigate occurrences which
may involve such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in such
violations.
WorkJunction reserves the right at
all times to disclose any Content provided by you as necessary to satisfy any
law, regulation or governmental request, or to edit, refuse to post or remove
any Content, in whole or in part, that in WorkJunction' sole discretion is
objectionable or in violation of these Terms and Conditions.
4.
Registration and Password
You are responsible for maintaining the
confidentiality of your registration information and password. You shall be
responsible for all uses of your registration, whether or not authorized by
you. You agree to immediately notify WorkJunction of any unauthorized use of
your registration or password.
5.
Proprietary Rights
Limited License and Copyright. This Site, including
all Materials, is protected by Pakistani and worldwide copyright laws and
treaty provisions. You agree to comply with all copyright laws worldwide in
your use of this Site and to prevent any unauthorized copying of the Materials.
Except as expressly provided herein, WorkJunction does not grant any express or
implied right or license to you under any intellectual property right,
including under any patent, trademark, copyright, trade secret, or confidential
information, of WorkJunction.
Trademarks. The Services names,
company names and logos used on this Site may be trademarks, including
registered trademarks of WorkJunction. Such Services names, company names and
logos of WorkJunction may not be copied, imitated or used, in whole or in part,
without the prior written consent of WorkJunction. Other services and company
names mentioned on this Site may be the trademarks of their respective owners.
Reservation of Rights. WorkJunction'
Services, methods and processes may be covered by one or more patents or other
statutory intellectual property rights, and are subject to trade secret and
other proprietary rights. WorkJunction reserves all such rights.
Software. Any software, including
calculator software, as well any files, images generated by such software, code
and data accompanying such Software, used or accessible through this Site is
the copyrighted work of WorkJunction or its licensors. Unless provided for
elsewhere, you are licensed to use the Software on a non-exclusive basis for
the purposes expressly stated on this Site. Except as permitted by law, you may
not use the Software for any other purpose or attempt to decipher, decompile,
disassemble or reverse engineer any of the Software comprising or in any way
making up a part of the Site.
6.
Links and Third Party Content
Certain links on this Site may take you to other web
sites. WorkJunction provides these links only as a convenience. These linked
sites are not necessarily under the control of WorkJunction. If you use these
sites, you will leave this Site. If you decide to visit any linked site, you do
so at your own risk and it is your responsibility to take all protective
measures to guard against viruses and other destructive elements.
WorkJunction is not responsible for
the contents of any such linked page or any other page not under its control.
WorkJunction makes no representation or warranty regarding, and does not
endorse, any linked web sites, the information appearing thereon or any of the
products or services described. Links do not imply that WorkJunction sponsors,
endorses, is affiliated or associated with, or is legally authorized to use any
trademark, trade name, logo or copyright symbol displayed in or accessible
through the links, or that any linked site is authorized to use any trademark,
trade name, logo or copyright symbol of WorkJunction.
7.
Linking Agreement
WorkJunction welcomes links to its Internet web home
page. If you want to link to this Site, you may do so, provided you agree to
the Link Conditions described below. By establishing a link to this Site, you
will be deemed to have agreed to these Link Conditions:
(a) A link may be established to the
following Home Page of this Site: http://www.WorkJunction.com or you may obtain
a WorkJunction Job Search box by filling in the form located at
http://www.WorkJunction.com/site/search-boxes.html. Links may not be
established to any other pages on this Site without WorkJunction' written
permission.
(b) If you link to this Site,
WorkJunction grants you a limited, non-exclusive, non-transferable,
royalty-free license to use the WorkJunction trademarkLicensed Marks and
Internet icons, if available, solely for the purpose of serving as a link from
your web site to this Site. Except for the limited license to use the Licensed
Marks granted in this paragraph, you may not use any of
WorkJunction' Makrs or service marks for any reason without WorkJunction'
prior written permission.
(c) You acknowledge that all rights
to the Marks, the content appearing on the WorkJunction Web Pages and the
"look and feel" of the Web Pages belong to WorkJunction. You will not at any
time directly or indirectly contest or infringe these rights.
(d) If you link to this Site, your
web site:
-
may
not create frames around any part of this Site or use other techniques that
alter the visual presentation of this Site;
-
may
not imply that WorkJunction is endorsing you or your products or services.
-
may
not imply an affiliation between your company and WorkJunction without the
prior written consent of WorkJunction;
-
may
not misrepresent your relationship with WorkJunction or present false or
misleading impressions about WorkJunction' Services; and
-
may
not contain materials that may be interpreted as distasteful or offensive and
should be appropriate for all age groups;
(e) WorkJunction shall have no
responsibility or liability for any content appearing on your web site;
(f) WorkJunction may at any time, in
its sole discretion, immediately terminate your license to use the Licensed
Marks and your right to link to this Site, with or without cause. If
WorkJunction exercises this right, you will immediately remove all links to
this Site and cease using the Licensed Marks;
WorkJunction may amend these Link
Conditions at any time. You agree to abide by these Link Conditions and other
legal terms and conditions on this Site, as amended from time to time.
8.
Agreement to Privacy Policy
You agree to abide by WorkJunction' Privacy Policy,
which is incorporated by reference into these Terms and Conditions.
9.
Disclaimers
You acknowledge that any use of or reliance on this
Site or any Materials shall be at your sole risk. WorkJunction makes no
representation or warranty of any kind regarding the Site and/or the Materials,
including with respect to the information provided by third party legal and
other consultants, all of which are provided on an "AS IS" basis. WORKJUNCTION
EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND
THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR
USAGE OF TRADE. WORKJUNCTION DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO
OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
This Site acts as a venue, among
other things, for Recruiters and Employers to post job opportunities and
Candidates to post resumes.
WorkJunction does not screen or
censor the listings offered. As a result, WorkJunction has no control over the
quality, safety or legality of the jobs or resumes posted, the truth or
accuracy of the listings, the ability of Recruiters or Employers to offer job
opportunities to Candidates or the ability of Candidates to fill job openings.
In addition, there may be risks, including but not limited to risk of physical
harm of dealing with strangers, foreign nationals, underage persons or people
acting under false pretenses. You assume all risks associated with dealing with
other users with whom you come in contact through the Site.
Because user authentication on the
Internet is difficult, WorkJunction cannot and does not confirm that each user
is who they claim to be. Because we do not and cannot be involved in
user-to-user dealings or control the behaviour of participants on this Site, in
the event that you have a dispute with one or more users, you release
WorkJunction (and our agents and employees) from all claims, demands and
damages of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such
disputes.
WorkJunction is under no legal
obligation to, and generally does not, control the Content provided by other
users which is made available through the Site. By its very nature, other
people's information may be offensive, harmful or inaccurate, and in some cases
will be mislabelled or deceptively labelled. WorkJunction does not guarantee,
and makes no representations or warranties as to the truthfulness, accuracy,
reliability, currency, veracity or completeness of the Materials or about the
results to be obtained using the Materials. The use of the Site and the
Material is at your own risk. Changes are periodically made to the Site and may
be made at any time.
This Site contains materials, data,
information provided, posted or offered by third parties, including third party
provided content, advertisements and user content. You agree that WorkJunction
shall have no liability whatsoever for any such third party material, data or
information.
You acknowledge and agree that you
are solely responsible for the form, content and accuracy of any resume,
posting or other Content placed by you, as applicable on the Site.
WorkJunction shall not be responsible
for any employment decisions, for whatever reason made, made by any entity
posting jobs on the Site.
10.
Limitation of Liability
YOU AGREE THAT WORKJUNCTION AND ANY THIRD PARTY
MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES
FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT,
LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE
OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS,
ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF
WORKJUNCTION, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE OR LOSS. In any event, you agree that WorkJunction' aggregate liability
for damages shall be limited to $100.
The limitations of liability and
disclaimers in these Terms and Conditions apply regardless of the form of
action, whether in contract, warranty, civil liability, delict, quasi-delict,
strict liability, negligence, or other tort and shall survive a fundamental
breach or breaches, or the failure of the essential purpose of contract or the
failure of an exclusive remedy.
11.
Indemnity
You agree to defend, indemnify and hold harmless
each of WorkJunction, its affiliates, and each of their officers, directors,
employees and agents, including all third parties mentioned at the Site, from
and against any and all claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting from
your use of the Site and the Materials or your breach of these Terms and
Conditions.
12.
Choice of law
This Site is controlled, operated and administered
by WorkJunction from its offices within Pakistan. WorkJunction makes no
representation or warranty that materials at this Site are appropriate or
available for use at any locations outside Pakistan. If you access this Site
from outside Pakistan, you are responsible for compliance with all local law.
You may not export any of the Materials accessible through this Site in
violation of applicable export laws and regulations. These Terms and Conditions
shall be interpreted, construed and governed by the laws in force in Pakistan,
without reference to its conflict of laws principles, except where prohibited
by mandatory provisions of the laws applicable in your jurisdiction. Except in
respect of any matter relating to the enforcement of intellectual property
rights and protection of confidential information, the parties agree that any
action, suit or proceeding arising out of or related to these Terms and
Conditions shall be commenced in Karachi, Pakistan. Each party hereby agrees to
submit to the jurisdiction of the courts of Karachi, Pakistan and to waive any
objections based upon venue in any such action, suit or proceeding. The United
Nations Convention on Contracts for the International Sale of Goods does not
apply to these Terms and Conditions.
13.
Arbitration
Any and all disputes arising out of these Terms and
Conditions, its performance, breach, enforcement, existence or validity,
including any failure of the parties to reach agreement with respect to matters
provided for in these Terms and Conditions and all matters of dispute relating
to the rights and obligations of the parties, which cannot be amicably
resolved, even if only one of the parties declares that there is a difference,
will be referred to and finally settled by private and confidential binding
arbitration before a single arbitrator held in Karachi, Pakistan in English and
governed by Pakistan law pursuant to the Arbitration Act, 1940, as amended,
replaced or re-enacted from time to time. The arbitrator shall be a person who
is legally trained and who has experience in the information technology field
in Pakistan and is independent of either party.
Notwithstanding the foregoing, each
party may pursue the protection intellectual property rights and confidential
information through injunctive or other equitable relief through the courts.
14.
General
(i) Except as expressly provided in additional terms
of use for areas of the Site, a particular legal notice, or an additional
Agreement, these Terms and Conditions constitute the entire agreement between
WorkJunction and you with respect to the subject matter hereof; (ii) Any cause
of action you may have with respect to your use of this Site or which is the
subject of these Terms and Conditions must be commenced within one (1) year
after the claim or cause of action arises; (iii) If for any reason a court of
competent jurisdiction finds any provision of these Terms and Conditions or
portion thereof to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of these Terms and
Conditions, and the remainder of these Terms and Conditions shall continue in
full force and effect; (iv) The relationship of the parties is solely that of
independent contractors and neither party shall have any authority to act for
or bind the other party; (v) The waiver of any breach or default hereunder
shall not constitute the waiver of any other or subsequent breach or default;
(vi) No changes to these Terms and Conditions shall be made except by a revised
posting on this page.
15.
Additional Terms of Use.
Certain areas of this Site may be 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.
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