Terms Of Use - Bermuda JobBoard

A. INTRODUCTION

(ii) Welcome to the internet website known as the Bermuda Job Board operated by the Government of Bermuda, Department of Workforce Development ("Government", "we", "our" or "us") which owns this internet website. Our internet website offers a variety of resources and information, some or all of which may be accessed through a variety of means.

(iii) In consideration for the use of our internet website at www.bermudajobboard.bm or any other website we may use (the "Site" or “Bermuda Job Board”), you and anyone on your behalf, agree to the following terms and conditions of use, Acceptable Use Policy and the Privacy Policy on our Site (collectively the "Terms of Use"). The term "you" or "your" includes the following where applicable: your subsidiaries, affiliates, employees, parent or legal guardian.

B. ABOUT THIS SITE AND THESE TERMS

We provide the Site for information and as a service to our customers in Bermuda. It is not intended for use outside Bermuda. We may discontinue or change the Site, including these Terms of Use, any Content or services available on the Site, at any time without notice. Changes take effect when posted to the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

1. ENSURING QUALITY OF CONTENT

The following terms of use are in place to protect the quality of the content on our Site. Quality content means that jobseekers can find the most relevant positions quickly and easily and that employers receive relevant applications.

1.1 To ensure equal exposure for all positions advertised on site, job adverts may only be updated/amended a maximum of 5 times per day.

1.2 Once a job has been added and a created date has been generated, this date may only be changed with the permission of Bermuda Job Board

1.3 Each position may be posted once only. Posting duplicates of the same job gives unrealistic search results and is deeply frustrating for job seekers.

1.4 It should be made clear in the job description if a jobseeker is not applying for a specific position, but rather their resume is being added to a bank of resumes for future positions that may arise.

2. COPYRIGHT, TRADEMARKS & OTHER INTELLECTUAL PROPERTY RIGHTS

"Content" includes what you may see, read, hear, download or access on or from the Site in any form (including HTML and Java code). All Content is protected by copyright and/or other intellectual property laws under Bermuda and foreign laws. Certain names, words, brands or devices on the Site may be the exclusive trade marks of the Government in Bermuda or of their respective owners, protected at common law or registered in Bermuda or other countries. The symbols ™ and ® designate Bermudian unregistered and registered trade mark status respectively. Using the Site will not give you a license to exercise any intellectual property rights, unless expressly stated.

2.1 You may display, copy, print and download any Content from the Site for your personal, non-public and non-commercial use only, provided you do not, directly or indirectly:
(a) change or delete any copyright or proprietary notices from the Content;
(b) adapt, alter, translate, copy, reproduce, store, perform, show, play, broadcast, publish, repost, transmit, distribute, or otherwise use any of the Content for any commercial or public purpose;
(c) decompile, reverse engineer or create derivative works from any downloadable software;
(d) transfer the Content to another person or Web site or computer network, including any personal Web site or network; and
(e) pass off or otherwise infringe the intellectual property rights of the Government or others.

2.2 Except as provided above or authorised by law, you must not, directly or indirectly, adapt, alter, translate, copy, reproduce, store, perform, show, play, broadcast, publish, repost, transmit, distribute, or otherwise use any Content on the Site without the written consent of Government or the relevant owner.

2.3 You must not use any trade mark displayed on the Site without the written consent of Government or the relevant owner. Parts of the Site may contain other proprietary notices and copyright information, which must be observed and complied with.

3. LINKS TO OUR SITE

3.1 While using this Site you may access third party web sites through links. Such third party web sites are not under our control and we are not responsible for the availability of such sites or their contents. Any links provided on the Site are provided for your interest or convenience only and do not represent or imply any endorsement by us of such linked site and we cannot be held liable for any loss or damage which may arise from use of such third party web site or contracts entered into resulting from the use of such third party web sites. You acknowledge that the use of such third party web sites is governed by the terms and conditions of use applicable to such sites.

3.2 You must not use a deep link or an image (IMG) link, or use the Government logo or any of our trademarks as a "hot" link, to our home page or any other part of the Site, without entering a written link agreement with Government.

4. LINKS TO THIRD PARTY WEB SITES

4.1 The Site may contain informational or advertising links or references to external Web sites that are owned, operated, developed and controlled by others and not by us. We do not endorse or authorize access to those external web sites or any content, services and goods on or through them. You use those links at your own risk and are urged to review their legal and privacy notices, terms and conditions.

4.2 We will not be responsible for or liable to you for any losses or damages resulting from your use of links to or from external web sites or of any dealings you have with such third parties.

5. VIRUSES

5.1 We cannot and do not represent or warrant that Content or services available for use or downloading through the Site will be free of viruses, worms, trojan horses, or other code with contaminating or destructive properties.

5.2 You should take precautions, including scanning for viruses and having a complete and current back up of files on your computer system.

6. ACCURACY

You use the Site, including the Content and services available on it, at your sole risk. Although we try to ensure the accuracy of the Content we post on the Site, we do not represent or warrant that the Content on the Site is accurate, complete or up-to-date, or free of technical or typographical errors. Government is not under any obligation, and to the fullest extent permitted by law, expressly disclaims any obligation, to update or alter Content on the Site, whether as a result of new information, future events or otherwise.

7. NO REPRESENTATIONS OR WARRANTIES

7.1 GOVERNMENT DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN AS-IS AND AS-AVAILABLE BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GOVERNMENT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GOVERNMENT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, COURSE OF DEALING, INTEROPERABILITY, MERCHANTABILITY, SERVICE AVAILABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE GOVERNMENT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE GOVERNMENT FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN IN YOUR USE OF THE SITE.

7.2 The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

7.3 We reserve the right to do any of the following, at any time, without notice: to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

8. LIMITATION OF LIABILITY

8.1 TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR ECONOMIC OR COMMERCIAL LOSS, LOSS OF PROFITS OR REVENUE OR EXPECTED SAVINGS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, OR LOSS OF USE, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR ANY LINKED OR REFERENCED WEB SITE, OR ANY ERRORS OR OMISSIONS OR OTHER DEFECTS IN THE CONTENT, IN CONTRACT, TORT, STATUTE OR OTHER THEORY OF LIABILITY, EVEN IF WE KNOW OR HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT ALLOWED BY LAW, OUR TOTAL LIABILITY TO YOU, IN CONTRACT, TORT, STATUTE OR OTHER THEORY OF LIABILITY, ARISING IN RELATION TO THE SITE (INCLUDING THE CONTENT AND THESE TERMS OF USE) IS LIMITED TO FIVE (BM$5.00) BERMUDA DOLLARS.

9. NO ADDITIONAL WARRANTY

Nothing on the Site shall add to or change any contract for services or goods you may have with Government, its suppliers or partners. Nothing on the Site shall be construed as a further or additional representation or warranty. You shall construe nothing on this Site as being an offer by us, only as an invitation to treat.

10. EXTENSION OF DEFENCES

Every right, including right to be indemnified, exemption from liability and defence of whatsoever nature applicable to Government or to which Government is entitled hereunder extends to and for the benefit of the public officers, employees or suppliers (including any party involved in creating, producing or delivering the Site or the Content).

11. INDEMNITY

You agree to defend, indemnify and hold us, our public officers, employees or agents harmless from any and all losses, claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) related to or associated with your use of the Site or someone using your account and password or your or such user's violation of these Terms of Use.

12. REGISTRATION AND CANCELLATION

12.1 If any of Bermuda Job Board Services requires you to open an account, 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.

12.2 You are entirely responsible for any and all activities that occur under your account. You agree to notify Bermuda Job Board immediately of any unauthorised use of your account or any other breach of security. Bermuda Job Board 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.

12.3 You could be held liable for losses incurred by Bermuda Job Board or another party due to someone else using your account or password.

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

12.5 You agree to immediately notify us of any unauthorized use of your user name, password or account.

12.6 We may suspend or terminate your access to this Site if we believe you have breached these Terms of Use, including any additional terms and conditions applicable to the part of the Site or service for which you have contracted. After your access is suspended and/or your services contract is cancelled, we may delete any Content you posted or accessible only to you on or via that part of the Site.

13. ACCEPTABLE USE POLICY - PROHIBITED USES

13.1 You must not violate our Acceptable Use Policy. Without limited the generality of the foregoing, you must not post, upload, publish, reproduce, transmit or otherwise distribute any material or Content on the Site that:
(a) is likely to give rise, or to encourage conduct that would give rise to criminal or civil liability;
(b) you do not have the right to post, upload, publish, reproduce, broadcast, transmit or otherwise distribute;
(c) passes off or infringes any copyright, trade mark, patent or other intellectual property right of another person;
(d) is in contempt of any legal proceedings;
(e) is in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(f) is intended to incite or is likely to excite or promote ill will or hostility against any section of the public, or indicates discrimination or an intention to discriminate against any person or class of persons, because of race, place of origin, colour or ancestry, ethnic or national origins, sex, marital status, birth out of lawful wedlock, religious beliefs or political opinions;
(g) is offensive, or of an indecent, obscene or menacing character;
(h) is likely to cause, or is for the purpose of causing, annoyance, inconvenience or needless anxiety to another;
(i) is defamatory;
(j) impersonates any person or misrepresents your relationship with any person or authority;
(k) transmits, or procures the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(l) contains unsolicited or unauthorized advertising;
(m) contains viruses, worms, Trojan horses or other code with contaminating or destructive properties; or
(n) interrupts or interferes with or adversely affects any software or hardware or use of the Site or the Internet by others or us.

13.2 You must also not use the Site:
(a) In a manner or for a purpose prohibited by law (including without limitation, to send or communicate messages, conduct activities or otherwise use the service in contravention of the Telecommunications Act 1986, the Obscene Publications Act 1973, the Criminal Code Act 1907, the Proceeds of Crime Act 1997, the Human Rights Act 1981, or the Tenth Schedule to the Companies Act 1981);
(b) to send or communicate bulk, unsolicited Electronic Records (as defined in the Electronic Transactions Act 1999) to persons with whom or which the customer has no relationship (either contractual or personal) or to persons that have not otherwise consented to receive such Electronic Records; or
(c) to access, or enable others to access, parts of the Site or Content to which you are not authorized to access, including the personal information of other users of the Site.

13.3 You also agree:
(a) Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our Terms of Use.
(b) Not to access without authority, interfere with, damage or disrupt:
(i) any part of our Site;
(ii) any equipment or network on which our Site is stored;
(iii) any software used in the provision of our Site; or
(iv) any equipment or network or software owned or used by any third party.

14. INTERACTIVE SERVICES

We may from time to time provide interactive services on our site, including, without limitation:

14.1 Chat rooms.

14.2 Bulletin boards.

14.3 Any other interactive services.

14.4 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

14.5 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

14.6 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

14.7 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

15. SECURITY SAFEGUARDS & CONFIDENTIALITY OF COMMUNICATIONS

15.1 Please note that communications sent over the internet, particularly unencrypted e-mail, are subject to possible interception, loss, change or forging.

15.2 We will not be responsible for any damages you may suffer from the transmission of confidential information that you make to us or any third party, or request us or any third party to make to you through the e-mail links provided or addresses given on the Site.

15.3 We are not responsible for any errors or changes made to, or loss or interception of, any transmitted information. Such transmission is at your own risk.

16. MONITORING

16.1 We may, but are not obligated to, monitor any material or Content residing on or transmitted to our server.

16.2 We may, without notice, change or remove any material or Content residing on or transmitted to our server that we, in our sole discretion, believe is unacceptable or violates the law or these Terms of Use.

16.3 We may, without notice, restrict, block, suspend or terminate your access to use the Site or any part of it to protect it or our services or if required by law or we, in our sole discretion, believe you are in breach of these Terms of Use.

17. APPLICABLE LAW & GENERAL PROVISIONS

17.1 Any claim arising out of the Content or the use of the Site shall be governed by and construed in accordance with the laws of Bermuda, without giving effect to any principles or conflicts of law.

17.2 You irrevocably submit to the non-exclusive jurisdiction of the courts of Bermuda. If you use the Site from outside Bermuda, you do so at your own risk and you alone are responsible for complying with applicable laws.

17.3 Our failure to insist upon or enforce strict performance of any provision in these Terms of Use shall not be construed as a waiver of such provision or any right.

17.4 If any part of these Terms of Use or any additional terms and conditions applicable to certain parts of the Site is found by any court or tribunal of competent jurisdiction to be void, invalid or unenforceable, it shall be given effect to the greatest extent possible and the remainder will continue to apply.

17.5 These Terms of Use, together with any additional terms and conditions applicable to certain parts of the Site and certain services, constitute the entire agreement between you and us and supersede all prior agreements relating to the subject matter thereof.

17.6 In the event that there is a conflict between these Terms of Use and any other terms and conditions applicable to certain services and certain parts of the Site, these Terms of Use shall govern with respect to your use of our services, otherwise the terms and conditions applicable to certain services and certain parts of the Site shall prevail.

17.7 We may, by posting on this Site, change these Terms of Use from time to time. Please check back regularly to keep abreast of any changes.

17.8 For avoidance of doubt, by accessing this Site, you agree to be bound by these Terms of Use.

18. CHANGES TO THESE TERMS OF USE

We may revise these terms of use at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this terms of use may also be superseded by provisions or notices published elsewhere on our site.

If you have any questions regarding these Terms of Use or this Site please contact us.