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Welcome to the User Agreement ("Agreement") for Gradpool Limited. ("Gradpool" or "we") and all websites operated by Gradpool. This Agreement describes the terms on which you may access and use our services and websites.1. This Agreement
1.1 In order to become a User of the Gradpool Services (the "Website" and/or "Gradpool") and to enjoy the service provided and features available on the Website (the "Gradpool Services"), you must read and accept all the terms and conditions of this Agreement and the Privacy Policy. Gradpool may require that you agree to additional terms and conditions as part of any registration process and/or for particular service/product offerings, which Gradpool may make available to you from time to time ("New Terms"). You should review New Terms applicable to future service/product offerings before using the relevant service/product offering and any such use will constitute full acceptance of all New Terms. In the event of any inconsistency between the Privacy Policy and this Agreement, this Agreement shall take precedence. In the event of any inconsistency between this and the New Terms, then the New Terms shall take precedence. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use the Gradpool Services. This agreement is a preliminary version and is subject to change.1.2 Gradpool may modify this Agreement from time to time without notice, and such modification shall be effective upon posting by Gradpool on the Gradpool Website. You agree to be bound to any changes to this Agreement when you use the Gradpool Services after any such modification is posted on the Website. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
2. Description of Gradpool Services
2.1 Gradpool offers users the ability
to select criteria of their ideal career and view the matches to the criteria
they have chosen. Users can submit CV’s to the recruiters or be directed to the
companies’ own recruitment pages. Users can also register an interest in
companies/opportunities and ask to be notified about the same.
3. Use of Gradpool Services
3.1 Your use of all the Gradpool Services is governed by this Agreement. Gradpool may at its absolute discretion refuse you access to the Gradpool Services and/or cancel/terminate your membership without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your membership.3.2 Residents of any state or jurisdiction in which any aspect of the Gradpool Services are in conflict with local laws are not eligible to avail of the Gradpool Services. Gradpool makes all reasonable efforts to ensure that the Gradpool Services comply with all local laws that we are actually aware of, but you are responsible to ensure that you are in compliance with your local laws.
3.3 When you sign up to Gradpool, you will be asked to choose a password. You agree not to use the account or password of another User at any time or to disclose your password to any third party. You agree to notify Gradpool immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
3.4 You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Gradpool of any unauthorized use of your password or account or any other breach of security. Gradpool cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
4. Non-Commercial Use
4.1 The Gradpool Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by Gradpool. Illegal and/or unauthorized use of the Gradpool Services, including collecting email addresses of other users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of this Website, is prohibited.4.2 Unauthorized commercial advertisements, affiliate links and other forms of solicitation may be removed from User profiles without notice and may result in termination of membership privileges.
4.3 Appropriate legal action will be taken for any illegal or unauthorized use of the Gradpool Services.
4.4 You are prohibited from selling, trading or otherwise transferring your Gradpool account to another party.
5. Prohibited Activity
5.1 You agree to act in a responsible and legal manner when using the Gradpool Services. You shall comply with all applicable laws, regulations and rules and undertake not to use the Gradpool Services for any unlawful purpose, for the commission of any offense or crime under the laws of any jurisdiction to which access is obtained through the Website or in a manner which is likely to cause harm, offense or nuisance to any other Internet user.5.2 Use of manual or automated software, devices or other processes to crawl or spider any web pages contained on this Website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to frame or otherwise simulate the appearance or function of this Website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
6. Intellectual Property
6.1 Gradpool IP contains Intellectual Property, which is the proprietary property of Gradpool ("Gradpool IP"). This includes, but is not limited to, copyrights and information about technology and may be provided in the form of text, graphic, audio and video downloads, links or source codes. Gradpool retains the rights to the Gradpool IP and reserves all rights in respect of same.6.2 Subject to the terms of this Agreement, we grant you a non-exclusive, non-transferable, limited, revocable right to access and use the Website and the material displayed thereon. However, no right, title or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials.
6.3 All materials incorporated in or accessible through the Website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement and assembly thereof (including the look and feel of the Website), are protected by Irish and international copyright laws, and are owned, controlled or licensed by Gradpool, or by the original creators of such materials or their permitted licensors. Such materials may be used only for viewing the Website in the ordinary course or as a resource for using the Gradpool Services through the Website. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-use, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
6.4 Gradpool is a trademark of Gradpool Internet Services Limited. Trademarks of Gradpool may not be used in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gradpool.
6.5 The Gradpool IP is provided by Gradpool on an "as is" basis, and Gradpool expressly disclaims, to the extent permitted by applicable law, any or all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any Gradpool IP. To the extent permitted by applicable law, Gradpool excludes any or all responsibility and /or liability for any damages or loss of any kind whatsoever with respect to the Gradpool IP whether any of the foregoing are, without limitation, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.
7. Gradpool Communications
7.1 In the course of providing you
with some of the Gradpool Services, we may need to communicate with you via
email. (see our Privacy Policy to learn more about communications.) You agree
to receive emails which are specific to your account and necessary for the
normal functioning of the Gradpool Services. You also agree to have your name
listed in the header of certain communications which you initiate through the
Gradpool Services.
8. Termination
8.1 You agree that Gradpool may, with or without cause and/or prior notice, immediately terminate your Gradpool account and your access to any Gradpool Services. Without limiting the foregoing, the following will lead to a termination by Gradpool of your use of the Gradpool Services: (a) breaches or violations of this User Agreement or other incorporated Gradpool agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) unexpected technical issues or problems or (e) extended periods of inactivity.8.2 Termination of your Gradpool account includes removal of access to all offerings within the Gradpool Services and may also bar you from further use of the Gradpool Services. Furthermore, you agree that all terminations shall be made at Gradpool's sole discretion and that Gradpool shall not be liable to you nor any third party for any termination of your account or access to the Gradpool Services.
9. Indemnification
9.1 By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Gradpool, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from (i) your use of the Gradpool Services; (ii) unauthorized access to or alteration of your communications with or through the Gradpool Services or (iii) any other matter relating to the Gradpool Services. Any business transactions which may arise between Users from their use of the Gradpool Services are the sole responsibility of the Users involved.10. Privacy and Disclosure
10.1 Use of the Gradpool Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Gradpool may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is necessary to comply with legal process, enforce this User Agreement or protect the rights, property or safety of Gradpool, its Users and the public.11. User Disputes
11.1 You are solely responsible for your interactions with other Gradpool Users. Gradpool reserves the right, but has no obligation, to monitor disputes between you and other Users.12. Governing Law
12.1 This Agreement will be governed by and construed in accordance with the laws of Ireland without regard to conflict of laws principles and you agree to submit to the exclusive jurisdiction of the Irish courts. The English language version of this Agreement shall take precedence over any translated versions thereof in the event of any inconsistencies.13. Refund Policy
From time to time, at your own discretion, you may choose to avail
for paid services offered to you by Gradpool By purchasing such services,
you agree to use them and abide by the Terms set forth herein. At the
time of purchase of these services you will be informed of any
expiration terms or length of availability of these services to you and
agree that these items may expire if left unused by you.
Gradpool does not issue refunds for any of these expired paid services, nor does it offer refunds with respect to any of these services. If you have reason to enquire about any aspect of this you agree to submit such enquiry in writing to Gradpool. Submission of such enquiries does not imply any direct action be taken by Gradpool with respect to these enquiries but Gradpool will endeavour to read and respond to them. If you fail to provide timely payment for any of these paid service offered to you by Gradpool, Gradpool reserves the right to terminate such services.
14. Disclaimers
14.1 While Gradpool endeavours to ensure that the information on this Website is correct, Gradpool does not warrant the accuracy and completeness of the material on the Website. Gradpool may make changes to the material on the Website or the Gradpool Services at any time without notice. The material on the Website may be out of date, and Gradpool makes no commitment to update such material.14.2 Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User of this Website, or by anyone who may be informed of any of its contents.
14.3 Under no circumstances shall Gradpool be responsible for any loss or damage, resulting from use of the Gradpool Services, attendance at an Gradpool event, from any content posted on or through the Gradpool Services, from the conduct of any User of the Gradpool Services, whether online or offline, or damage arising as a result of any bugs, trojan horses, viruses, worms or other harmful codes or errors experienced as a result of accessing the Gradpool Services.
14.4 To the fullest extent permitted by applicable law, Gradpool shall not be liable to any User under contract, tort, equity or otherwise for any loss or damages arising out of Gradpool's connection with the User's use of the Website or the provision of services by Gradpool, whether any of the foregoing are, without limitation, special, incidental, indirect, punitive or consequential and/or whether any of the foregoing are, without limitation, occasioned by the negligence, fault, error, omission, act, or breach of Gradpool, its employees, contractors or sub-contractors. Without prejudice to the generality of the foregoing, under no circumstances shall Gradpool be liable to any User for any consequential, economic or indirect loss or damages, loss of profits, revenue, business, capital, administrative time or loss of use of data or software, howsoever arising.
14.5 THIS WEBSITE AND ALL MATERIAL ON THE WEBSITE IS PROVIDED "AS IS", WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, GRADPOOL EXPRESSLY DISCLAIMS ALL AND SHALL NOT BE DEEMED TO HAVE GIVEN ANY WARRANTIES, EXPRESS OR IMPLIED (BY LAW OR OTHERWISE), OTHER THAN AS SET OUT IN THIS AGREEMENT. GRADPOOL EXPRESSLY DISCLAIMS AND EXCLUDES ALL TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, IN CONNECTION WITH THIS WEBSITE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WITHOUT PREJUDICE TO THE GENERALITY OF THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, ALL CONDITIONS AND WARRANTIES IMPLIED BY SECTION 39 OF THE SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980 ARE HEREBY EXCLUDED, AND THE PARTIES AGREE THAT THESE EXCLUSIONS ARE FAIR AND REASONABLE
14.6 Gradpool cannot guarantee and does not promise any specific results from use of the Gradpool Services.
14.7 Part of this Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with international and national law. Gradpool takes no responsibility for third-party advertisements which are posted on this Website or through the Gradpool Services, nor does it take any responsibility for the goods or services provided by its advertisers. Gradpool will not be responsible for any error or inaccuracy in advertising materials.
14.8 Gradpool assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication.
14.9 While Gradpool endeavours to ensure that the Website is normally available 24 hours a day, Gradpool is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Gradpool Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Gradpool Services. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Gradpool's control.
14.10 Gradpool reserves the right at any time to modify or discontinue, temporarily or permanently, the Website with or without notice. The User agrees that Gradpool shall not be liable to them or any third party for any modification, suspension or discontinuation of the Service.
14.11 Commentary and other materials posted on this Website are not intended to amount to advice on which reliance should be placed. Gradpool therefore disclaims all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
14.12 Gradpool does not guarantee the availability and the exactitude of the information contained in its websites. Gradpool cannot be held responsible for the lack of exhaustiveness of search results since Gradpool and the information available through the Internet are in constant transformation..
14.13 Gradpool cannot guarantee the confidentiality of information it receives on candidates. Gradpool cannot be held responsible of possible damages caused by their disclosure. You have to assume the entire responsibility of the transmission of sensitive information.
14.14 Gradpool will not be held responsible for any employment decision made by any user of the service, whatever the invoked reasons, because Gradpool does not act as a recruiter. Gradpool doesn't proceed to any pre-screening or censorship on job offers resulting from the service. It is a platform allowing those looking for employment to post their career profiles and allows employers to view the career profiles of interest to them. Employers can subsequently contact candidates directly without any further involvement of Gradpool. Consequently, Gradpool does not control the quality, the safety or the legality of any resulting communication or job offers between employer and potential employee.
14.15 Since it is extremely difficult to verify the identity of Internet users, Gradpool cannot guarantee that each user is the person she or he indicates they are. It is the sole responsibility of the employer or recruiter to seek references on candidates independently from this Service.
15. General Terms
15.1 This Agreement is accepted upon your use of this Website or any of the Gradpool Services and is further affirmed by you becoming a User.15.2 This Agreement (together with any New Terms) which incorporates the Gradpool Privacy Policy (and any future amendments of such policies) constitutes the entire agreement between you and Gradpool regarding the use of this Website and the Gradpool Services.
15.3 The failure of Gradpool to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
15.4 This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is personal to Gradpool and you.
15.5 You may not assign, novate, sub-contract or otherwise transfer its part or all of this Agreement, without the prior written consent of Gradpool.
15.6 Nothing in this Agreement shall create or be deemed to create a partnership, joint venture or relationship of employer and employee of any kind between Gradpool and you.
15.7 Gradpool shall not be liable for delay or failure to perform any of its obligations under this Agreement where and to the extent that such delay or failure results from any circumstances beyond its reasonable control.