These terms of use refer to the website “www.kerryscitech.com” (the “Website”), which is operated by KERRYSCITECH Company Limited by Guarantee with a registered office at The Tom Crean Centre, Kerry Technology Park, Tralee, Co. Kerry, (the “Company”, “we”, “us” or “our”).  KerrySciTech is a not for profit organisation established to showcase science and technology jobs and employers in County Kerry.

USERS and YOUR AGREEMENT

The Terms of Use shall apply to the use of the Website by any visitor, jobseeker, recruiter, registered user or unregistered user of the Website (each a “user”, “you” or “your”) as follows:

If you are a visitor, jobseeker or recruiter, these Terms of Use and any other terms and conditions referred to in them comprises your Agreement with us and the term Agreement shall be construed accordingly throughout these Terms of Use.

Use of or access to the Website is subject to and constitutes your acceptance of the Agreement.

When you access or use our Website you conclude a legally binding agreement, comprising the Agreement, based on these Terms of Use and any other terms and conditions referred to in the Terms of Use, with the Company.

We reserve the right to update these Terms of Use (including any Website Services) at any time with or without notice to you. Users are responsible for regularly reviewing the Website to receive such changes. Your continued use of the Website, and the Website Services after changes are posted constitutes your acceptance of the Agreement, including the updated Terms of Use.

We may terminate your registration and/or deny you access to the Website or any part of it (including any services or information available on or through the Website) at any time in our absolute discretion.

This Agreement constitutes the whole agreement between us and you and supersedes and terminates any previous arrangement, understanding or agreement between us and you relating to the Website and any of our Website Services. You acknowledge that you do not rely on any statement, representation, assurance or warranty of any person (whether a party to this agreement or not) other than as expressly set out in your Agreement with us.

CHANGES TO THE WEBSITE AND WEBSITE CONTENT

We may update our Website 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 Website whether written, published, shared or otherwise appearing on the Website in respect of any of the Website Services, and for the avoidance of doubt this shall include any and all information or material contained in any job posting or User Content appearing on the Website, (the “Content”) at any time. However, please note that any of the Content on our Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Website, or any Content on it, will be free from errors or omissions.

We make services available to users on the Website from time to time, including the ability for employers (the “Employer”) to create, publish and manage job postings, and for jobseekers to search the Website for jobs, and respond to Employers, (the “Website Services”). For the purpose of performing the Website Services, the Company may cooperate with media partners and host the Website, or parts thereof, at further websites and/or on third party hardware.

The names, images and logos identifying the Company or third parties and their products and services are proprietary marks of the Company and/or third parties, and may only be used by users when using the Website in the ordinary course. We may use Employer-user names, logos and marks for the purpose of the provision of the Website Services to you and in connection with the management, use and provision of the Content, including the User Content.

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.

Without any admission of liability, we may from time to time assess any possible risks for users from third parties when they use the Website and/or Website Services and we will decide in each case whether it is appropriate to use moderation (including what kind of moderation to use) in the light of those risks. We may appoint certain users of the Website or third parties to act as moderators.

OTHER WEBSITES

We may provide links and pointers to websites or other resources maintained by third parties from our Website. Such websites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any such website or any link contained in such a website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website. We are not responsible for the copyright compliance of any linked website. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party and you acknowledge that the use of any third party website or resource is governed by the terms and conditions of use applicable to such website or resource.

YOUR USE OF THE WEBSITE AND YOUR LIABILITY

Your account and password

If any of the Website Services require you to register with us, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account and you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

You may not use anyone else’s account at any time, without the permission of the account holder.

Any links provided on the Website are provided for your interest or convenience only and do not represent or imply any endorsement by us of such linked websites and we cannot be held liable for any loss or damage which may arise from use of such third party websites or contracts entered into resulting from the use of such third party websites.

You acknowledge that the use of such third party websites is governed by the terms and conditions of use applicable to such websites.

Privacy and Information provided by you including User Content

We are committed to safeguarding your privacy online. At KerrySciTech, we understand that you should have complete control over your CV and personal details. With that in mind, we store no candidate information or CVs on the website. Instead, candidates apply directly to the companies that advertise positions

Creating and Posting User Content

You may only create and publish User Content for purposes that are consistent with the Agreement and that are not illegal or otherwise breach Applicable Laws. You may not create any User Content that contains confidential or proprietary information, intellectual property, personal data relating to third parties (including an individual’s name or other information which identifies a living individual) or trade secrets, or which breaches your employment agreement.

Licence of User Content

By submitting User Content you hereby grant to us and our licensees a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, transferable and royalty-free licence to use, copy, make, reproduce, display, perform, distribute, sub-licence, sell, delete, edit, prepare derivative works from, analyse and otherwise exploit the User Content for the purposes of managing our Website, providing the Website Services and operation of our businesses (including by compiling it together with other User Content and anonymising it to perform statistical analysis for comparison or benchmarking purposes) to the extent permitted by applicable laws.

You acknowledge that we are owner of the intellectual property rights in the Content (whether jointly or solely) and that our prior written permission is required for any such use or removal of the Content. Your use of the Content does not give you any proprietary rights in the Content.

Liability for User Content

By submitting User Content to this Website you acknowledge that any use, display, copying or reproduction that you make of a company trade mark or logo or inclusion of Employer or third party text or other content (including by hyperlink text) constitutes use of third party intellectual property rights and you agree that you are wholly responsible for ensuring that your User Content is permitted.

If you have a clarification, feedback or a complaint regarding the accuracy of specific User Content, you may tell us about it by using the Report functionality beside the specific User Content on the Website.

Unlawful & Prohibited Use

You may only use the Website and/or the Website Services for lawful purposes when seeking employment or help with your career, or when recruiting staff. You must not under any circumstances seek to undermine the security of the Website or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information on the Website to which you do not have authorised access, seek to overload the Website system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of the Website or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Website. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to the Website.

We reserve the right to remove any information including any Content supplied by you from the Website at our sole discretion, at any time and for any reason without notice or any explanation.

OUR LIABILITY

We do not warrant that the Website will be available on an uninterrupted basis, and we accept no liability in respect of losses or damages arising out of any unavailability of the Website.

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 could be held 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 this Agreement.

In no event will the Company be liable for any losses or damages including indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract or negligence, arising out of or in connection with the use of the Website, including arising out of changes made to the Content of the Website by any third party. Your access to and use of the Website and Content is at your own risk.

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

The Company does not endorse and is not responsible for any opinion, advice, information, or statement contained in the User Content. To the fullest extent permitted by law, the Company shall under no circumstances be liable for any use, misuse of or reliance upon, any User Content, for any claim made in relation to these Terms of Use, or for any damages, whether direct, indirect, incidental, consequential, special or punitive, and whether arising from use, misuse or reliance upon the User Content, from damage caused by information contained in the User Content or to damages incurred by reason of use of any links provided within the User Content. We expressly exclude our liability for any loss or damage arising from the use of the Website and/or Website Services by a user in contravention of our Agreement, whether the Website and/or Website Services are moderated or not. Any action that we might take in respect of a user or regarding Content, for example, deletion, editing or declining to publish, is neither an admission of liability on our part nor an indication of the breach or otherwise of any standard, Legal Provision or term by a user . Where we do moderate the Website and/or Website Services, we will normally provide you with a means of contacting the moderator or an administrator, should a concern or difficulty arise.

In accessing this Website you acknowledge that the Company is not liable for the misuse, alleged or otherwise, of third party intellectual property rights by users of this Website who create User Content.

JURISDICTION AND INVALIDITY

This Agreement, and any issue connected with it, are governed by and construed in accordance with Irish law. The courts of Ireland have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of the Website or this Agreement.

If any provision of the Agreement is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

ENSURING QUALITY OF CONTENT

The following rules are in place to protect the quality of the Content on the Website. The maintenance of quality Content seeks to ensure that jobseekers can find the positions most relevant to their requirements quickly and easily and that Employers receive relevant job applications.

These rules are intended to make the Website easier to use, thus attracting more jobseekers to apply for your jobs.

Job postings: Title and Description

  • The title of a job posting must accurately reflect the job’s description. It is to no-one’s advantage if a jobseeker has to click on the title of a job posting unnecessarily, only to find that the job description does not match.
  • Job postings should not use excessive CAPITAL LETTERS or **** Punctuation!!!!
  • Avoid generic job postings titles such as “Engineers”.

JOB POSTING usage

  • Job postings perform best if they are allowed to remain on the Website for 60 days from the date they are first uploaded, ensuring the best possible response. Job postings older than 60 days may be deleted by the site administrator.
  • Each job may be posted once only. Posting duplicate or similar job postings that relate to the same job provides unrealistic search results and is deeply frustrating for jobseekers. Postings of the same job twice, at the same time, is prohibited, including where the description of the job is changed or rephrased.

Filled roles & CV Collection

  • If the job being posted has been filled, the job posting must be removed as soon as possible.
  • If you are recruiting in order to build a panel of CVs for a job that is available from a certain date in the future but that is not vacant on the date the job is posted, this must be made clear to the jobseeker in the job description.

Costs AND SALARY

  • If there is a cost involved to the jobseeker at any stage in the process of applying for or accepting a job, this must be explained in the job posting.
  • If the job posted offers no basic salary (e.g. if the job operates on the basis of commission only, or is a position registered under or otherwise forming part of a state-sponsored “back-to-work” scheme or similar), this must be clearly stated in the job posting. Unpaid internships may not be posted on the Website.

Job Categorisation

  • You must ensure that a job is posted using the correct category from the list available on the website.