1.1 These terms and conditions ("Terms") govern all users (defined as “users”, "you" and "your") that have access to and use the contents and Services provided on MaraJobs.com (the Site). The Site is owned and operated by MSM Jobs Holdings Limited ("Mara Jobs", "we", "us" and "our").
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
1.2 Your access to and use of the Site including any services provided thereunder (the “Services”), constitutes your unconditional agreement to be bound by these Terms and all other operating rules, policies and procedures that may be published (the “Operating Rules and Policies”) from time to time on the Site by Mara Jobs, each of which is incorporated by reference and each of which may be amended and varied from time to time without notice to you, which establishes a contractual relationship between you and us. It is your responsibility to check these Terms and the Operating Rules and Policies periodically for changes. If you do not agree to these Terms and the Operating Rules and Policies, please do not access the Site or use any of the Services.
1.3 Access to and use of the content and Services provided on the Site is subject to the Privacy Statement and these Terms. If you do not accept the Privacy Statement and the Terms please do not join, access, view, download or otherwise use any Services in connection with Mara Jobs or via the Site. By your continued use of the Site or any Services, you acknowledge that you have read and understood the Privacy Statement and the Terms and that you agree to be bound by all of their provisions. Mara Jobs reserves the right to amend, add to, delete or revise the Privacy Statement and the Terms at any time without prior notice.
The Site may be used by individuals (“Job Candidates”) seeking employment and by employers (“Employers ”) seeking employees (collectively the (“Users”)).
3.1 You agree that information contained on this Site is for personal use only and may not be sold, redistributed or used for any commercial purpose which includes, but is not limited to, the use of advertiser contact details for unsolicited commercial correspondence.
3.2 You may download only one copy of material from this Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site, including code and software. You must not use this Site for any purpose that is unlawful, offensive or prohibited by these Terms.
4.1 The Services offered on the Site may require you to register for an account (“Account”). You agree to provide complete, accurate and current information of yourself including without limitation, a valid email address when registering for an Account. You agree that when registering for an Account you must not:
(a) Use as a username the name of another person with the intent to impersonate that person;
(b) Use as a username, a name subject to any rights of a person other than you without proper authorisation; or
(c) Use as a username, a name that is offensive, vulgar or obscene.
4.2 You may not use another person’s Account without the express consent of the holder of the Account.
The jobs content contained in the Site search results, or linked from within those results; are created by third parties over whom Mara Jobs exercises or has no control. Site search results are indexed in an automated manner and Mara Jobs does not review, critique or screen the jobs. Mara Jobs assumes no responsibility for the content of any job listing or website that is either included in search results or linked to by the Site.
Creating an Account or registering on the Site is completely optional, and you do not need to subscribe on the Site in order to view a job advertisement. However, purchasing a subscription allows you to take advantage of more of the Site Services and resources that may better assist you in finding a job. By submitting your personal information such as your email address you become a registered user (the “Registered User”). You may access your information at any time by editing your details under ‘Profile’. You agree that we may use this information in order to customise the service provided to you.
Job Candidates must register to make an online application to a job advertisement via the Site and optional Services. Applications, including attachments and cover letters, can be uploaded through the relevant Employer website via a link on the Site.
Email alerts are an optional service available to Registered Users. Registered Users can select to receive email alerts based on certain searches. Mara Jobs will notify Registered Users via email of jobs specific to their specified criteria. Registered Users can modify or delete their email alert preferences (or their Account) at any time.
We may use the information we collect about you to:
(a) provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide services you request (and send related information), and develop new features;
(b) perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, track user movements, testing, and research; and to monitor and analyse usage and activity trends;
(c) send you communications we think will be of interest to you, including information about services, promotions, news, and events of Mara and other companies, where permissible;
(d) gather broad demographic information for aggregate use of the Services; and
(e) personalise and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
10.1 Registered Users may upload and store a resume on the site, and use that resume when applying for a job. Deleting a resume will mean it is no longer accessible to the Registered User.
10.2 Your resume can be set as Private OR Public. “Public” means that your resume is visible to Employers, and Employers can find and contact you via the Site. “Private” resumes are visible only to the Employer to whom you applied for a job.
10.3 We may use all information provided when uploading a resume (including your name, resume, email address, telephone numbers, employment and educational history) for the purpose of improving placement opportunities for you or for tailoring specific products to you.
10.4 Registered Users can modify their resume at any time, or modify the privacy options in relation to their resume settings at any time. You may also delete your resume altogether. Deleted resumes may still however be stored by us in testing or backup systems for a period of time.
11.1 You are solely responsible for your Account information, content, messages or other information ("User Content") that you submit, publish or display on the Site or transmit to other Users. For the purposes of these Terms, the term “User Content” shall include all content added, created, uploaded, submitted, distributed, or posted to the Site through the Services by users of the Site and Services, whether publicly posted or privately transmitted.
11.2 We may review and delete any Account that, in our sole judgment, violates these Terms, applicable law, rule or regulation, is offensive or illegal or violates the rights of, harms or threatens the safety of Site Users. We reserves the right to expel Users and prevent their further access to the Site for violating the Terms or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms, abusive, illegal, or disruptive.
12.1 For the purposes of the Terms, the term “Site Content” includes, without limitation, information, data, text, artworks, photographs, videos, audio clips, music, written posts, articles, comments, logos, trademarks, software, scripts, graphics, designs, user interfaces, visual interfaces and interactive features generated, provided, or otherwise made accessible on the Site or through the Services.
12.2 Both the Site Content and the User Content found on the Site are owned, controlled or licensed by or to us and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any of the Site Content and User Content accessed through the Services. You also agree not to display or use in any manner Mara Jobs’ marks or logos without our express written consent.
12.3 Subject to these Terms, we grant to each User a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Site Content solely for the purpose of using the Services.
12.4 Subject to these Terms, we grants each Job Candidate a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the relevant User Content of Employers to the extent we hold such rights solely for the purposes of using the Services.
12.5 Subject to these Terms, we grant each Employer a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the relevant User Content of the Job Candidates to the extent we hold such rights solely for the purposes of using the Services.
12.6 Any other use, reproduction, modification, distribution or storage of the Site Content and relevant User Content other than for the purpose of using the Services is expressly prohibited without the written consent of Mara Jobs and the relevant User. You are prohibited to sell, license, rent, or otherwise use or exploit any of the Site Content and User Content for commercial purposes or in any way that infringes the rights of us, the Users or others.
12.7 In connection with your use of the Services, we may send you emails and other information. You may opt not to receive such emails.
We may modify the Terms when we deem it necessary, without providing prior notice to Users. The modification will become effective once the modified Terms are posted on an appropriate location within the Site. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms by continuing to use the Site and/or any Services. Users shall refer to the Terms on a regular basis when using the Services, since a separate notification regarding the modification to Terms will not be provided.
14.1 We are committed to protecting the privacy of Users. By submitting any personal information for use of the Services, you agree that we may collect and use your personal information, including the transfer of this information to other countries outside of your jurisdiction for storage, processing and use by our affiliates and us.
14.2 We promise to protect your privacy and personal information in accordance with the Privacy Statement.
14.3 By using the Services provided under the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information that you send/transmit/upload to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
15.1 You understand that to become a Registered User you may be required to pay a subscription fee for the use of the Services (“Charges”). More detail regarding any Charges and the terms of payment may be set out in the Site and upon your Account registration, which terms are deemed to form part of these Terms.
15.2 Job Candidates agree that payment is required in order to gain access to the optional Services and to make an application to a job advertised. The subscription fee is final and non refundable.
16.1 You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material uploaded to the Site. You agree that you must not:
(a) post incomplete, false or inaccurate resume, or other, information or data on or via the Site; or
(b) respond to any job vacancy advertisement for any reason other than to apply for the job advertised.
16.2 Job Candidates agree that your Public resume and related information or data may be accessed by Employers who have subscribed to receive the Employer related services of the Site for the purpose of recruiting and assessing the suitability of potential employees.
16.3 We will not be responsible or held liable in any way if any Employer or person in breach of these Terms uses the Job Candidate’s personal data, information or materials for any purpose other than for recruiting potential employees. The Job Candidate accepts that all personal data, information or material given to the Employers or submitted on or through the Site is given entirely at their own risk.
16.4 From time to time we may offer special promotions for subscription Charges, such as discounts on future annual subscription fees if you have not secured a position during your first year as a Registered User. In such cases, proof of qualification for the promotion criteria may be subject to the terms and conditions of the promotion, and you may be required to prove that you have met the relevant promotion criteria – for example if you have not found a job via the Site. Where we are unable to reasonably determine from objective criteria whether or not you have met the relevant criteria, we reserve the right to award or reject your qualification for the promotion in our absolute discretion.
16.5 By purchasing a subscription to our Services you agree:
(a) to pay us the applicable fees and taxes. Failure to pay them may result in the termination of your Account subscription;
(b) we are authorised to store and continue billing you via your payment method (e.g. credit card) even after your Account subscription has expired, to avoid interruptions in your service and to facilitate easy payment for new services;
(c) Charges will be inclusive of applicable taxes where required by law otherwise they may be shown separately;
(d) Charges paid by you are final and non-refundable;
(e) Taxes are calculated based on the billing information that you provide us at the time of purchase; and
(f) All Charges are due on the date applicable to your subscription and payment will be facilitated by us using the preferred payment method designated in your Account, after which we will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may use a secondary payment method in your Account, if available.
17.1 Employers are solely responsible for the content and material contained in their advertisements posted on the Site. Your use of the Services may also be subject to supplemental separate agreements or arrangements with us.
17.2 You agree that you must not use the Site to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to employment, data privacy and intellectual property;
(b) sell, promote or advertise products or services;
(c) post any franchise, pyramid scheme, distributorship or multi-level marketing opportunity;
(d) promote any activity that does not represent bona fide employment; and
(e) advertise sexual services or seek employees for jobs of a sexual nature.
17.3 Subject to these Terms and any separate contract you have with us, you are entitled to access the Public resume database solely for the purpose of recruiting and assessing the suitability of Job Candidates.
17.4 You must use the Public resume database in accordance with all applicable privacy and data protection laws and you agree that you must not disclose any of the data from the Public resume database to any third party without the express consent of the Job Candidate concerned.
17.5 Your first year subscription will entitle you to the basic Services. Subsequent to that and if Mara introduces a new service range (the “Premium Services”), you will be entitled to upgrade to that service. Further details will be contained in any separate contract you have with us.
18.1 Mara Jobs disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in the Site. Mara Jobs disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. Mara Jobs disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Site.
18.2 The Services, and all materials, information, products and other data included in the Site are provided "as is," with no warranties whatsoever. Mara Jobs expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Mara Jobs disclaims any warranties regarding the security, reliability, timeliness, and performance of the Mara Jobs Services. Mara Jobs disclaims any warranties for any information or advice obtained through the Services. Mara Jobs disclaims any warranties for Services or goods received through or advertised on the Site or received through any links provided by the Site, as well as for any information or advice received through any links provided in the Site.
18.3 You understand and agree that you download or otherwise obtain material or data through the use of Services or the Site at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.
19.1 Mara Jobs accepts no responsibility or liability for the quality, safety or legality of the content, jobs or resumes posted, the truth or accuracy of the content and job listings, the ability of Employers to offer job opportunities to Job Candidates or the ability of Job Candidates to fill job openings and Mara Jobs makes no representations about any jobs, resumes or User Content on the Site.
19.2 Except to the extent prohibited by applicable mandatory law, notwithstanding anything to the contrary in these Terms or the Privacy Statement, you agree that Mara Jobs or its affiliates and any of their directors, employees, agents, partners or content providers are not liable for: (i) any indirect, incidental, special or consequential damages, costs of procurement of substitute products or services, loss of employment opportunity or business interruption, loss of profits or revenue, or loss of data or use incurred by you or any third party, whether in an action in contract, statute, equity or tort (including negligence) or otherwise, even if it has been advised of the possibility of such damages; or (ii) any direct or other damages exceeding $100.
You agree to indemnify, defend and hold Mara Jobs, its affiliates and any of their directors, employees, agents, partners or content providers harmless from and against any and all loss, damage, liability, suits, actions, proceedings, demands, damages, judgments, liabilities, claims, and expenses (including, without limitation, reasonable attorneys’ fees, expert fees and court costs and the costs of investigation and defence and settlement awards) relating to, arising from, or in connection with, your use of the Site or Services.
21.1 The terms “Sponsored Jobs” and “Company Logo” shall be collectively referred to as “Product”. All logos and content are subject to approval from Mara Jobs. We reserve the right to reject any logo or content that we deem unsuitable for the Site. Upon request you must provide any image and/or logo as per the Product specifications. Cancellation, refund or deferment of a trial or plan is not permitted unless otherwise agreed mutually by both parties.
21.2 Sponsored Jobs will appear at the top of a search results page where the candidate search results query matches that of the Employer’s advertised job vacancy (the “Client Job Ad”). Where there is no set search query, Mara Jobs site will randomly allocate the Sponsored Jobs for the search.
These Terms and any contract you may have entered into with Mara Jobs in respect of the Services constitute the entire agreement between Mara Jobs and you in relation to the use of the Site and the Services.
The laws of the British Virgin Islands will govern these Terms. Conflicts that arise from the Service or conflicts between Users and us related to the Service will be governed primarily under the exclusive jurisdiction of the courts in the British Virgin Islands.
We will not be liable for any nonperformance, delay in performance, the un-availability of Services and/or the Site caused by any act or event beyond our reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms will remain in full force.
No term or provision of these Terms will be deemed waived and no breach excused, unless such waiver or consent will be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other party, whether express or implied, will not constitute consent to, waiver of, or excuse for any different or subsequent breach.