PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS UNDER WHICH jobXnow OFFERS YOU USE OF ITS SERVICES AS DEFINED IN CLAUSE 1.1 OF THIS AGREEMENT BY MEANS OF jobXnow (THE “WEBSITE”). BY USING ANY OF THE SERVICES AND/OR THE WEBSITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE DO NOT REGISTER FOR OR USE THIS WEBSITE.
This Agreement is made between you and jobXnow.
1. The Services
1.1 The Services are only available on the completion of the registration section of the Website including confirmation that the relevant terms and conditions have been read and accepted.
1.2 Please note that when responding to recruiters you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without jobXnow as a party and jobXnow cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
1.3 The Services are only available on the completion of the registration section of the Website including confirmation that the relevant terms and conditions have been read and accepted.
2. Use of the Website and the Services
2.1 The Website and the Services are for personal and non-commercial use only. You may copy electronically and print portions of the Website and/or the Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on the Website and/or the Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Website and/or the Services (including without limitation reproduction for a purpose other than that noted above and any modification, distribution, or republication) without the prior written permission of jobXnow is strictly prohibited. You also agree not to deep-link and/or frame the Website or any of the Services for any purpose, unless specifically authorized by jobXnow to do so.
2.2 You agree that you shall not use the Website or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorize or permit any other person to receive or transmit) material that is obscene, threatening, menacing, offensive, defamatory, abusive, untrue, in breach of confidence, in breach of any intellectual property right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm jobXnow’s computer systems or any third party computer system.
2.3 By registering to use the Services pursuant to clause 1.3, you automatically and hereby grant to jobXnow a royalty-free right to display, copy, reproduce and make available on the Website and otherwise deal with as necessary to provide to you the Services any material and information which you may provide to jobXnow through your use of the Services.
2.4 Save to the extent required by law, no representations, warranties, or terms of any kind are made in respect of the Website and/or the Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Website, the Services and/or in any directory or other listings or information retrieval service made available on or by the Website and/or the Services has been so made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. All liability of jobXnow, its directors, employees, or other representatives howsoever arising for any loss suffered as a result of your use of the Website and/or the Services is expressly excluded to the fullest extent permitted by law.
2.5 JobXnow make no warranty that the contents of any and all e-mails communicated through the Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
2.6 The Website and/or the Services may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only and jobXnow is not responsible for and does not give any warranties or make any representations regarding any such websites and/or services and is not responsible for or liable in relation to the content or your use of such websites (save to the extent required by law).
2.7 You acknowledge that jobXnow is not responsible for third-party content on the Website and that jobXnow cannot ensure that material presented on the Internet is legal. JobXnow will not limit access to material unless notified that it is illegal. In particular, you acknowledge that jobXnow is not responsible for and does not monitor the content of job postings provided by third parties on the Website. However, jobXnow shall have the right to remove any postings, materials, or other items on the Website which it believes may be illegal or which it determines to be inappropriate.
2.8 JobXnow will not be a party to any communications whatsoever between you and those responding to any use which you may make of the Services, although jobXnow reserves the right to monitor any such communications which are made by you or third parties by means of the Website and/or the Services.
2.9 Intellectual Property
Save to the extent permitted by this Agreement, jobXnow does not grant any license or other authorization to use any of its trademarks, product names, company names or logos or any of its copyright works or other intellectual property rights by placing them on or making them available by means of the Website or the Services
3. Availability of the Website and the Service
JobXnow does not promise full, uninterrupted, or error-free operation of the Website and/or the Services. All liability of jobXnow, its directors, or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website and/or the Services is excluded, insofar as it is possible to do so in law.
Where you are asked to complete a registration form the personal details that you provide must be true, accurate, and complete. You agree to notify us of any changes which are relevant to your registration.
5. Data Protection and Use of Personal Information
Information may be gathered from your registration form(s) and your use of the Sites and/or the Interactive Services including through “cookies”. Cookies are blocks of text placed in files on your computer’s hard drive when you visit a website that contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name, unless the cookie is attached to personal information collected another way, such as by means of your online registration form.
The information gathered may be used by jobXnow dot com private limited and companies in the same group as jobXnow dot com private limited (ie companies which share the same ultimate parent company) internally, for purposes relating to your use of the Sites and the Interactive Services and for marketing activities, and maybe passed to carefully selected third parties to use for marketing activities. By marketing activities, we mean the communication directly to particular individuals (by e-mail, post, or telephone) of any advertising or marketing material. If you do not wish to receive marketing material from jobXnow dot com private limited, from companies in the same group as jobXnow dot com private limited or from carefully selected third parties you should tick the appropriate box on the registration form(s) or notify us by e-mail. If you subsequently decide you no longer wish to receive direct marketing/information from jobXnow dot com private limited or companies in the same group as jobXnow dot com private limited or no longer wish us to pass your information to third parties you should again notify us by e-mail.
Other than as set out elsewhere in this clause 5 your information shall not be disclosed or used by us. You hereby agree to these terms in this clause 5 by your agreement to the terms and conditions of this Agreement.
JobXnow may terminate, suspend or deny you access to the Website and/or Services immediately for any reason without incurring any liability whatsoever to you.
You agree to indemnify jobXnow and all companies within the jobXnow group for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by jobXnow or companies within the Trinity Mirror plc group in or as a consequence of your breach of this Agreement and/or your use of the Website and/or Services (save to the extent that a court of competent jurisdiction holds that such a claim arose due to any act or omission of jobXnow).
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any power failure.
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party’s address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
10.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease, or delegate all or any of your rights and obligations, without jobXnow’s prior written consent.
10.2 JobXnow reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as Trinity Mirror plc or any other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Website.
11. No Waiver
Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
If any provision of this Agreement or part thereof is determined to be invalid, unlawful, or unenforceable, such provision, or part thereof, shall be severed from the remaining terms, conditions, and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
13. Variation of Terms
13.1 This Agreement (together with any variations to it pursuant to clause 13.2) constitutes the entire agreement between the parties in respect of its subject matter.
13.2 JobXnow reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted on the home pages of the Website. Changes in this manner shall be deemed to have been accepted if you continue to use the Website and/or the Services after a period of two weeks from the date of transmission of the e-mail or of posting on the home pages of the Website, whichever occurs later.
14. Law and Jurisdiction
This Agreement shall be governed by the laws of Nepal and you hereby submit to the exclusive jurisdiction of the Nepal courts.