XUPAJOBS USER’S TERMS AND CONDITIONS

These Terms and Conditions (collectively, “terms”) contain legal obligations. By accessing or using XUPAJOBS.COM, you confirm your understanding of these terms and conditions, and agree to be bound by them. If you do not accept these terms, please do not use XUPAJOBS.COM.

1.0 Definition of Terms

1.1 “User” refers to any individual, or organisation, whether registered or not, that uses or enjoys any of the Services offered by XUPAJOBS.COM.

1.2 “Services” shall mean job advertisement services, or any other services offered by the Site.

1.3 “Account” refers to a personalised access to XUPAJOBS.COM, gained when a User registers on the Site. Each User that has an Account on the Site has a unique a username and password that they use to gain access to their saved data or enjoy certain Services on XUPAJOBS. COM.

1.4 “Content” refers to all data, text, jobs, logos, artwork, software, documents, images, photographs, video, music, sound and other materials that a User, any third party, or XUPAJOBS.COM may upload to or download from the Site.

1.5 “Site” refers to www.xupajobs.com, also known as XUPAJOBS.COM, or XUPAJOBS.

2.0 Account Administration

2.1 You must be at least 18 years of age and have the legal capacity to conclude legally binding contracts to use this Site. If neither of the requirement is met, please do so only with the involvement of parent or guardian.

2.2 XUPAJOBS.COM may be browsed through by any User, but for you to enjoy certain services, such as applying for a job, posting a job, product or service, XUPAJOBS.COM will require you to create an account by completing a registration form online.

2.3 By registering with XUPAJOBS.COM, the User agrees to provide accurate and current information about him/her and to promptly update such information if there are any changes.

2.4 A User may only hold one account, and in opening it, must be acting on their own behalf. This account is non-transferable and non-refundable.

2.5 Your account username and password must be kept confidential at all times and not be disclosed to other persons for any reason. The User is entirely responsible for any and all activities that occur under their Account username.

2.6 You must notify XUPAJOBS.COM of any unauthorised use of your Account in writing.

2.7 XUPAJOBS.COM reserves the right to deny you an Account, refuse Services, terminate Accounts, edit Content, or to cancel orders for any reason XUPAJOBS.COM in its sole discretion deem fit including, but not limited to, suspected fraudulent activities, inappropriate activities or previous suspension from using the Site.

2.8 You may change your password by requesting for a password reset.

3.0 Ownership Of Content

3.1 By submitting any Content to the Site, you automatically grant XUPAJOBS.COM an exclusive, royalty-free, perpetual, irrevocable, worldwide license and fully sub licensable; right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media.

3.2 XUPAJOBS.COM takes no responsibility and assumes no liability for any Content posted by a User or any third party. The User is solely responsible for all Content that they upload, email or otherwise make available via XUPAJOBS.COM.

4.0 Standards

You agree to uphold the following standards, and may not:

4.1 Infringe any of the foregoing intellectual property rights of any party including third-party intellectual property or publicity/privacy that he/she does not have a right to make available under any law or under contractual or fiduciary relationships; that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless he/she the owner of such rights or have permission or a license from their rightful owner to post the material and to grant  XUPAJOBS.COM all of the license rights granted herein.

4.2 Provide Content that is distasteful, threatening, or grossly offensive, of an indecent, obscene, or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity, or privacy of any other third party rights.

4.3 Make available Content that is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data, automated computer scripts, time bombs, e-mail bombs, cancel bots or other computer programming routines) and intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information on the Site.

4.4 Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file.

4.5 Use any form of automated device or computer program (sometimes referred to as “flagging tools”) that enables the use of our “flagging system” or other community control systems without each flag being manually entered by a human that initiates the flag (an “automated flagging device”), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these terms or any applicable law or regulation.

4.6 Attempt to gain unauthorised access to computer systems owned or controlled by us or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Site.

4.7 Use any automated device or software that enables the submission of automatic postings on the Site without human intervention or authorship (an “automated posting device”), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals.

4.8 Attempt to intercept any communications transmitted by way of a telecommunications system for any fraudulent purpose or purposes other than which we have designed them or intended them to be used, other than in conformance with accepted internet practices and practices of any connected networks.

4.9 Attempt to circumvent our security or network including accessing data not intended for you, logging into a server or Account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan).

4.10 Access the Site in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.

4.11 Post any Content that harasses, degrades, intimidates or is hateful towards an individual or group of individuals or entity on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

4.12 Employ misleading email addresses, or forged headers or otherwise manipulated identifiers to disguise the origin of Content transmitted through the Site. Furthermore, you may not use proxy Internet Protocol addresses in order to attempt to hide the use of multiple User Accounts.

4.13 Create or forward “chain letters” or other “pyramid schemes” of any type “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” or unsolicited advertisements of a commercial nature on the Site. That includes links to commercial services or third party websites, except as specifically allowed by us.

4.14 Engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other User from properly using or enjoying the Site and Services.

4.15 Impersonate any person or entity, including, but not limited to, our employees, or falsely state or otherwise misrepresent an affiliation with a person or entity.

4.16 Post any Content that advertises any illegal services or the sale of any items which are prohibited or restricted by applicable law.

4.17 Send or receive any material for which he/she has not obtained all necessary licences and/or approvals (from XUPAJOBS.COM or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of XUPAJOBS.COM or any third party.

5.0 Intellectual Property Rights/ Trademarks & Copyrights

5.1 These terms give the User no proprietary interest in XUPAJOBS.COM or Content provided by the Site or others and therefore, a User shall not use them in any way except as expressly permitted by these terms.

5.2 All other names, titles, logos and designs appearing on the Site are the property of their respective owners. Any use of any trademarks/ intellectual property rights appearing on XUPAJOBS.COM, whether registered or unregistered, in the Site, that includes information, Content on the Site and all the Site design, including, but not limited to text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software without the express written consent of the owner of the trademark is strictly prohibited.

5.3 Content displayed on or through XUPAJOBS.COM is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws under Kenyan copyright laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of XUPAJOBS.COM, the materials, or the collective work and/or compilation is expressly prohibited.

5.4 The User will not seek to create an Account on this Site in order to infringe on the intellectual and copyright property of others.

6.0 Fee

6.1 We do not charge you any fees to browse through XUPAJOBS.COM (Although this may change at any time).

6.2 XUPAJOBS.COM offers various paid Services. The User agrees to comply with and pay all the charges associated with the paid Services.

6.3 All ‘Paid Services’ are non-transferable and non-refundable.

6.4 Any expenses (such as hardware, software, and internet access costs) or taxes you incur to access the Site shall be your sole responsibility.

6.5 XUPAJOBS.COM must confirm payment before providing the paid Service to the User.

7.0 Termination

7.1 In addition to any other legal or equitable remedies, XUPAJOBS.COM may, without prior notice to the User, immediately revoke any or all of the User’s rights granted under these terms.

 8.0 Disputes

8.1 Any disputes, controversies, or differences arising out of the implementation, interpretation, performance of these terms, shall be finally settled through arbitration by a single arbitrator to be appointed in accordance with the rules of Chartered Institute of Arbitrators. The award of the arbitrator shall be final and binding.

9.0 Privacy Policy

By accepting these terms, you expressly consent to our use of your information as described in this privacy policy.

9.1 At XUPAJOBS.COM, we respect your privacy and we endeavor to protect it. XUPAJOBS.COM is however not liable for the information you provide to us.

9.2 By using the Site, you consent to collection, storage, and use of the information that you may provide for any of the Services that XUPAJOBS.COM offers.

10.0 The Information We Collect

10.1 The information we collect may include, but is not limited to:

  • Name, title, email address and password.
  • Address and postcode.
  • Academic qualifications, skills, work experience and salary.
  • Job listings, products and services.
  • Click patterns and journey across the Site.
  • Internet Protocol address.

 

11.0 How We Collect Information

11.1 Personal contact details are provided by the User during registration for an Account /and or when updating their details.

11.2 When a User accesses the Site, XUPAJOBS.COM may send cookies to their computer to collect certain usage details. Please review your web browser “Help” file to learn more about modifying your cookie settings.

11.3 Certain usage details may be automatically collected and recorded by XUPAJOBS.COM from your system by using different types of tracking technology.

11.4 XUPAJOBS.COM may use web beacons to compile anonymous information about usage of the Site.

12.0 How We Use the Information

12.1 XUPAJOBS.COM may use the information you provide to enable us to carry out opinion surveys, statistical surveys, and market research on our Users’ demographics and send you information which you may have requested from us.

12.2 XUPAJOBS.COM may use your information to improve the way the Site or Services work and look, create new features and functionality, analyse the Site and User behavior, troubleshoot technical problems, resolve disputes and address complaints, prepare aggregated reports that are shared with others, monitor User activity, and manage traffic on the Site.

12.3 You agree to XUPAJOBS.COM passing your contact details to other Users to which you make an enquiry to so that they can respond to you directly. XUPAJOBS.COM is not liable for any agreements or decisions that are made within these communications.

12.4 XUPAJOBS.COM may retain your information even after your Account is terminated for as long as is required to fulfil our business objectives and prevent your re-registration.

13.0 Third Party Access to Your Information

13.1 XUPAJOBS.COM uses trusted contractors and/or third parties to help with its operations that may require disclosure of your information to them. XUPAJOBS.COM will endeavor to ensure that these contractors and/or third parties place restrictive provisions on their use and disclosure of the User’s information that they may obtain through the operations.

13.2 We may transfer our database containing your information if we sell our business or part of it.

13.3 XUPAJOBS. COM may contain advertising of third parties and links to other websites or frames of other websites. Please be aware that XUPAJOBS.COM is not responsible for the terms or Content or advertising materials for those third parties.

14.0 Cookies

14.1 Most browsers automatically accept cookies, but you can set your browser to not accept cookies.

14.2 XUPAJOBS. COM cannot control or access cookies used by third- parties. This privacy policy covers only cookies used by us.

15.0 Opt-Out Policy

15.1 You may request to cancel your registration to XUPAJOBS.COM or request the removal of your registration information from our records by emailing us on admin@xupajobs.com.

16.0 Disclosures

16.1 On rare occasions, XUPAJOBS.COM may be required to disclose your personal information due to legal or regulatory requirements. In such instances, XUPAJOBS.COM reserves the right to disclose your information as required.

16.2 XUPAJOBS.COM may also disclose information about its Users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to enforce this privacy policy.

17.0 Protecting Your Information

17.1 XUPAJOBS.COM has endeavored to put in place appropriate technical and security measures to prevent unauthorised or unlawful access to or accidental loss of or destruction or damage to the User’s information.

18.0. Security Violations

18.1 Any person that delivers any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and damages shall be claimed in the event that XUPAJOBS.COM suffers any damage or loss.

18.2 You allow XUPAJOBS.COM to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.

19.0 Limitations

19.1 XUPAJOBS.COM uses industry-standard methods of securing its database of User information. However, please keep in mind that there is no such thing as perfect security on the internet, no method is 100% safe.

19.2 XUPAJOBS.COM assumes no liability regarding the theft, loss, alteration, or misuse of personal or other information or Content, including, without limitation, such information that has been provided to third parties or other Users, or with regards to the failure of a third party to abide by these terms.

19.3 In addition, although highly unlikely, it is possible for internet transmissions containing your information to be intercepted by others. It is impossible for XUPAJOBS.COM to ensure the privacy and security of all transmissions made to and from the Site while in transit. XUPAJOBS.COM cannot be held liable for such violations.

20.0 Disclaimer

20.1 The information on XUPAJOBS.COM is provided on an “As is” and “As available” basis. XUPAJOBS.COM makes no representations or warranties of any kind, expressed or, implied or otherwise, as to the operation of the Site or the, Content, Services, information, materials, products, links, or technology compatibility available from XUPAJOBS.COM are free from errors or omissions.

20.2 The User expressly acknowledges and agrees that the use of the Site is entirely at their own risk. It is the User’s sole responsibility to satisfy themselves prior to accepting this disclaimer that the Services available from and through XUPAJOBS.COM will meet their individual requirements and be compatible with their hardware and/or software.

20.3 Under no circumstances shall XUPAJOBS.COM respective partners, officers, directors, employees, subsidiaries, agents or parents be held liable for any damages, whether incidental, direct or indirect from the use of the Site.

21.0 Liability Limits

21.1 You understand that when using the Site, you will be exposed to Content from a variety of sources, and that XUPAJOBS.COM will not be liable for the accuracy of or relating to the Content provided by its Users.

21.2 In no event shall XUPAJOBS.COM be liable for any lost profits or special, incidental, or consequential damages or for the interruption of use or loss or corruption of data arising out of or in connection with XUPAJOBS.COM, its Services or these terms. These limitations shall apply to the fullest extent permitted by applicable law.

21.3 XUPAJOBS.COM does not endorse or recommend any of the Content expressed or contributed therein by its Users or third parties and expressly disclaims all liability in connection with such Content. The risk of harm or damage from the above-mentioned rests exclusively with you.  The User hereby agrees to waive and do waive, any legal or equitable rights or remedies that he/she have or may have against XUPAJOBS.COM with respect thereto.

21.4 XUPAJOBS.COM will not be liable for any losses, expenses, or damages you suffer, or third party claims made against you, which arise from you having disclosed your Account username and/or password to a third party.

22.0 Indemnity

22.1 The User releases and indemnifies XUPAJOBS.COM and any of its officers and representatives from any cost, damage, liability, or other consequence of any of the actions of the Users of the Site and specifically waive any claims that the User may have in this behalf under any applicable law.

22.2 In the event that the User has a dispute with any of the Users, or violates this agreement, or any other reason relating to our provision of Services to them, the User releases XUPAJOBS.COM inclusive of our agents and employees from claims, demands and damages of every kind and nature, arising out of such disputes.

22.3 The User is encouraged to report any abusive or related dispute problems to admin@xupajobs.com.

23.0 Governing Law and Jurisdiction

23.1 This Site is controlled and operated from the Republic of Kenya, therefore these Terms and Conditions, and any other matter arising from these terms shall be interpreted and governed by the laws in force in Kenya. The User hereby agrees to submit to the jurisdiction of the Kenyan courts.

24.0 Change of the Terms and Conditions

24.1 XUPAJOBS.COM reserves the right to change, modify, add, or remove, in whole or in part, these terms at any time. It is your responsibility to keep yourself up to date and satisfied with the new amendments.

24.2 The continued use of XUPAJOBS.COM means that the User agrees to these terms, as revised.

24.3 Should the User not be contented with the amendments; the User’s sole and exclusive remedy is to discontinue using the Site.

* These Terms and Conditions are valid from 29/03/2017.