Back To Work Connect CLG Website & Users Terms of Use

by Back To Work Connect August 28, 2020 No comments

BACK TO WORK CONNECT

WEBSITE AND MEMBER ACCOUNT TERMS OF USE

1             WHO WE ARE & HOW TO CONTACT US

BACK TO WORK CONNECT CLG is a company limited by guarantee incorporated in Ireland (company number 658117) whose registered office is at Unit 11 Naas Road Business Road, Muirfield Drive, Inichore, Dublin 12 (BTWC).

Company details: BTWC is a social enterprise connecting stay at home parents and career changers to supports, training and job opportunities which can assist them to re-enter the workforce. BTWC operates a website located at: https://backtoworkconnect.ie/ (the Website).

Contacting us: To contact us e-mail: info@backtoworkconnect.ie.

2             BY USING THE WEBSITE YOU ACCEPT THESE TERMS

The following terms and conditions (the Terms) apply to your use of the Website and any related services provided by us in connection with the Website (Services). For the purpose of this document, “use” of the Website and Services includes without limitation:

  • visiting the Website;
  • browsing any information or material which has been made available on the Website;
  • the set-up and use of your Back to Work member account (BTWC Account);
  • registration and use of any Services, including advertising services, on the Website;
  • uploading content, including advertising content, to the website.

The Website is operated by Back to Work Connect (we / our / us) and these Terms set out the rights and obligations of all users (you / your / User) in relation to your use of the Website.

By using the Website, you agree to these Terms. Any personal information which is provided by you on the Website will be processed in accordance with our Privacy Policy and our Cookies Policy (as made available on the Website). If you do not agree to these Terms or the contents of our Privacy Policy or the Cookies Policy, you must not use the Website.

We recommend that you print a copy of these terms for future reference.

3             WHO CAN REGISTER FOR A BTWC ACCOUNT

There are two types of users that may set up a BTWC Account on the Website:

  • Job/course seeker; and
  • Employer, recruiter,  educator, childcare providers, career guidance/personal development coaches or any other organisation who may advertise on the Website from time to time (Advertisers)

4             RESPONSIBILITY FOR INFORMATION UPLOADED

You accept sole responsibility for your conduct and any information that you upload, share, exchange or display on the Website. By submitting content which is subsequently made available on the Website, you assume all risks associated with the content. This includes any reliance placed on the quality, accuracy, and completeness of the information provided by other visitors to and users of the Website.

Purposefully submitting content to the Website which is known to be incorrect or misleading may attract personal liability. You also assume the risk associated with submitting illegal or immoral content which violates any law or regulation.

Users acknowledge that BTWC is a passive conduit for the distribution of information between Users of the Website (e.g. between job applicants and employers/recruiters). BTWC assumes no responsibility for ensuring that such information is legal, honest, truthful, up to date, accurate, complete or not misleading or that it possesses any other characteristics.

5             PROHIBITED USES

You must not use the Website or Services for any illegal or unauthorised purpose. You agree to comply with all applicable laws regarding acceptable online conduct. You must not engage in any attempt to modify, adapt, copy, or hack the Website. This includes falsely implying that another service or third party is affiliated with the Website. You must not crawl, scrape, or otherwise cache any content from the Website, including (but not limited to) other user profiles, personal details, photos, graphics, scripts or other content. You must not intentionally upload or transmit any viruses, malware, trojans, worms, spyware, adware, or any other malicious, destructive, or unauthorised software to the Website.

6             CONTENT

Removal of Content

We reserve the right to remove any BWTC Account, or content uploaded to the Website, that we determine to be illegal, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable. We reserve the right to take similar action if we determine that a BTWC Account or content infringes the rights and freedoms of others, or violates these Terms.

Intellectual Property

You may not sell, copy, reproduce, distribute, modify or otherwise exploit intellectual property owned by us. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it(except where specifically identified as third party content). Our intellectual property includes, but is not limited to, graphics, design, branding, computer code and interactive features.

Nothing in these Terms grants you any right, title, interest or licence in or to our intellectual property rights.  Except for the making of a hard copy print for your own personal use only or the use of others in your organisation (or downloading the material for your own personal use or the use of others in your organisation only provided that you retain all copyright and proprietary notices), the materials on the Website may not be copied, reproduced, transmitted, distributed or displayed, by any means, without the express written consent of BTWC.

Nothing in these terms grants you the right to publish or use any trademark, service-mark, logo and/or other identifying mark of BTWC in any advertisement, sales promotion, press release and/or publicity or marketing materials without BTWC’s prior written consent.

Any content you upload to the Website will be considered non-confidential. You retain all of your ownership rights in your content uploaded to the Website. When you upload or post content to the Website, you grant BTWC a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to use, reproduce, store, distribute and promote your content in connection with the Services and make it available to third parties.

Any content you upload to the Website must not infringe any third party rights (including intellectual property rights).

7             ADDITIONAL TERMS APPLICABLE TO ADVERTISERS

Advertisers agree to comply with the following additional terms.

Registration, Responsibility and Security

If you are an Advertiser (as defined above) you may set up a BTWC Account in order to advertise on the Website.  You are responsible for any activity or communications that occur through the use of your BTWC Account.

You are responsible for maintaining the confidentiality of your BTWC Account. If you create a BTWC Account with us, you must treat any information provided as part of our security and authentication procedures (e.g. your password) as confidential. You agree to use a strong password. You must not disclose such information to any person or legal entity that is not otherwise a party to these Terms. You agree to notify BTWC of any unauthorised user of your BTWC Account or passwords.

You understand and acknowledge that if you cancel your BTWC Account or your BTWC Account is terminated, all your account information, including any Postings (as defined below), will be deleted.

Website Postings and Compliance with Law

You are solely responsible for your conduct and any information that you upload in your advertisements and postings which are shared, exchanged or displayed on the Website (including but not limited to: the accuracy of the information uploaded, job/training course descriptions, creatives, trademarks, images, URLs) (together, Postings) and all postings or content to which the Postings may redirect Website users to.

You agree that your Postings, and any interactions with individuals who may respond to your Postings, will comply with all applicable law including but not limited to laws relating to: employment, privacy, data protection, intellectual property and regulatory requirements.

You agree that your Postings will not:

  • contain the names, logos or trademarks of unaffiliated companies other than those of your organisation except where expressly agreed by us;
  • promote or post information that is inaccurate, false, or misleading;
  • contain any content or links to content that is exploitative of individuals (including in a sexual, violent or other illegal context), or solicits personal information from children;
  • contain a requirement in connection with the Posting which is not an actual or legal requirement for the job or training course;
  • endorse a political party or, political agenda or issue;
  • promote a particular religion;
  • except where permitted by applicable law, request an applicant to provide information relating to their: (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age;
  • contain anything (e.g. malware, spyware) which would interfere with or obstruct the operation of the Website or Services or which would circumvent any security measure of BTWC.

If a job or training course advertised in a Posting has been filled, the Posting must be removed as soon as possible.

Non-Compliant Postings

BTWC reserves the right to:

  • remove any Posting from the Website, which in our reasonable view, does not comply with these Terms or is not in the best interests of BTWC; and/or
  • reject any link contained within a Posting which is not materially functional and/or which BTWC considers to be unsuitable.

Where a Posting does not comply with these terms, BTWC will first provide you with a description of any non-compliance and will provide you with a reasonable opportunity to remedy any such non-compliance. If you are unable or unwilling to remedy such non-compliance, the Posting shall be deemed cancelled and removed from the Website.

BTWC reserves the right to cancel and/or withdraw any Posting in the event that this is required by any relevant authority and at BTWC’s sole discretion and without liability to the Advertiser.

Website Positioning

BTWC does not provide a guaranteed position in connection with any Posting placed on the Website.

Payment

You agree to meet any and all payment obligations in connection with your use of the Website and the Services and you agree to BTWC storing your payment information for this purpose.

Unless agreed otherwise, payments which are on a subscription basis are charged monthly in advance until such time as they are cancelled by the Advertiser. BTWC requires a 30 day notice period for cancellation of a subscription. For further information, please contact: info@backtoworkconnect.ie.

8             CONFIDENTIALITY

All information which is (or which could reasonably be believed to be) confidential and is furnished under these Terms to the receiving party by the disclosing party or any third party at the request of the disclosing party under these Terms shall be and will remain the property of the disclosing party. All copies of such confidential information in written, graphic or tangible form shall be returned to the disclosing party at any time on request of the disclosing party or on termination of these Terms.

9             PRIVACY & DATA PROTECTION

Any personal data which you provide to us in connection with your use of the Website or Services will be processed in accordance with our Privacy Policy and Cookies Policy which is available via the Website

The Website may, from time to time, contain links to and from other websites. If you follow a link to any of those websites, please note that those websites have their own privacy and data protection policies and we do not accept any responsibility or liability for those policies. Please check those policies before you submit any personal data to those websites.

10           EVENTS OUTSIDE OF BTWC’S CONTROL

BTWC will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by any act or event beyond BTWC’s reasonable control.

11           WARRANTY & INDEMNITY

YOU WARRANT THAT:

  • YOU HAVE FULL AUTHORITY TO ENTER INTO THESE TERMS.
  • ANY CONTRIBUTION TO THE WEBSITE COMPLIES WITH THE STANDARDS SET OUT IN THIS THESE TERMS.
  • WHERE APPLICABLE, THE CONTENTS OF ALL POSTINGS, INFORMATION AND MATERIAL PROVIDED TO THE WEBSITE ARE (I) TRUE AND ACCURATE; (II) DO NOT VIOLATE ANY APPLICABLE LAWS; (III) DO NOT INFRINGE ANY THIRD PARTY RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS).

YOU WILL BE LIABLE TO US AND INDEMNIFY US FOR ANY BREACH OF THESE WARRANTIES. THIS MEANS YOU WILL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WE SUFFER AS A RESULT OF YOUR BREACH OF WARRANTY.

12           LIABILITY & DISCLAIMER

TO THE EXTENT PERMITTED BY LAW, BTWC EXCLUDES ALL EXPRESS OR IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS, OR OTHER TERMS WHICH MAY APPLY TO THE CONTENT AND SERVICES PROVIDED ON THE WEBSITE.

BTWC WILL NOT BE HELD LIABLE TO ANY USER FOR LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE OR SERVICES, WHETHER ARISING IN CONTRACT, TORT, STATUTORY DUTY, OR OTHERWISE.

BTWC DOES NOT GUARANTEE THE ACCURACY OF THE INFORMATION ON THE WEBSITE, AND DISCLAIMS ALL LIABILITY FOR ERRORS OR INACCURACIES IN THE INFORMATION PROVIDED. THIS INCLUDES, BUT IS NOT LIMITED TO  EMPLOYMENT OR OTHER OPPORTUNITIES POSTED BY ADVERTISERS ON THE WEBSITE.

BTWC RESERVES THE RIGHT TO AMEND INCORRECT OR INCOMPLETE INFORMATION ON THE WEBSITE AT OUR OWN DISCRETION. BTWC DOES NOT ASSUME THE OBLIGATION TO DO SO IN EVERY CIRCUMSTANCE.

IN CASES WHERE LINKS TO OTHER WEBSITES, SERVICES OR RESOURCES ARE PROVIDED ON THE WEBSITE, BTWC ASSUMES NO RESPONSIBILITY FOR THE CONTENTS OF THESE THIRD PARTY OFFERINGS. SUCH LINKS ARE PROVIDED FOR YOUR INFORMATION ONLY, AND YOUR USE OR RELIANCE ON THE THIRD PARTY INFORMATION IS AT YOUR OWN RISK. BTWC HAS NO CONTROL OVER THE CONTENTS OF THOSE SITES OR RESOURCES.

ANY SERVICES PROVIDED BY A THIRD PARTY IN CONNECTION WITH THE WEBSITE MAY BE SUBJECT TO ADDITIONAL TERMS OF SERVICE AND PRIVACY POLICIES. IT IS YOUR RESPONSIBILITY TO REVIEW AND FAMILIARISE YOURSELF WITH THESE TERMS AND POLICIES.

13           WEBSITE AVAILABILITY

The Website is provided on an “as available” basis. Although BTWC will make every reasonable effort to ensure continued uninterrupted access, there may be occasions where such access will be unavailable. BTWC does not guarantee that the Website will be secure or free from bugs or viruses.

14           VARIATIONS TO THE WEBSITE & TERMS OF USE

BTWC reserves the right to modify the Website and Services at any time without the requirement to provide notice.

BTWC also reserves the right to modify these Terms at any time. If we make changes to these Terms, the Privacy Policy or Cookies Policy, we will notify you by providing appropriate notice on the Website. The date on which these Terms was last updated will also be indicated on this webpage. Once you have received notification of such changes, your continued use of the Website and Services will indicate your awareness and acceptance of those changes.

If you do not agree to be bound by any changes to these Terms, you will not be able to continue to use the Website and Services.

15           GOVERNING LAW & JURISDICTION

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, these Terms, although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country. These Terms and any dispute or claim arising out of them shall be governed by and construed in accordance with the law of Ireland.

16           TERMINATION

BTWC reserves the right to restrict, remove, or prevent access to the Website and Services or terminate your BTWC Account if you fail to comply with these Terms. Such actions are at our sole discretion.

Further cancellation terms apply to Advertisers with subscriptions as outlined above under Clause 7 – ‘Additional Terms Applicable to Advertisers’.

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to the extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

17           COMPLAINTS

Should you have any complaints regarding the Website, Services, or these Terms, please direct these to the following email address: info@backtoworkconnect.ie.

If you have any concerns, queries, or complaints regarding your data privacy, please refer to the relevant section in our Privacy Policy.

Last updated: 22 July 2020