Terms and Conditions

What is EMPLOI?

EMPLOI is a SAAS Enabled Marketplace Platform for integrated talent acquisition, management, and Growth. It's your online career advisory and employment service with a tailored twist. With EMPLOI, users can dream about the future, plan their careers, learn new skills and competencies, and find jobs that match their unique talent and profile. EMPLOI allows employers to attract vast talents, find candidates that match their requirements, conduct fast headhunting, and continuously keep their staff skills up to date with the current job market demands.

What are these Terms about?

These EMPLOI Service Terms and condition are information that may be presented amid the Service (collectively "Terms" governing Your (later on referred to as "You," "Your" or "End User") access and use of the Service, Site, Content, and software (collectively the "Service"). You are presumed to have accepted the terms through registration and usage of the service or any portion.

The Terms establishes an agreement between You and EMPLOI Ltd with its address at Even Business Park, Airport North Rd, Nairobi, Kenya, including its affiliates and suppliers (collectively "EMPLOI"), defining Your ("End User") and EMPLOI's rights and responsibilities concerning service provision.

Your access and usage of the services should comply with the terms and any relevant local, state, national, or international rules, laws, and regulations.

Who can use the Service?

The registration can either be as an individual user (Individual) under the Job-seeker category or as a company, organization, government, or other legal entity users (collective organization) under the employer category.

To use the Service, You must be of legal age, i.e., eighteen (18) years of age. If you accept these Terms and use the Service under an entity you serve, you have to affirm that you are certified to do so.

Registration and termination of service Usage

Registration and creation of an EMPLOI account with a username and a password may be required for the service's access and usage. Personal information or information concerning the company that you serve may be required. EMPLOI will verify Your email address before the account can be used. In the case of Organizations, EMPLOI may also validate the company identity (Company ID) with local authorities' help.

The creation of an EMPLOI Account will depend upon the transmission of data. The transmission of data costs may apply and are borne by the End User. The Website allows minimal and restricted access to the services for unregistered users.

You agree to provide trustworthy and complete information when You register for the Service and keep that information updated to the best of Your ability. Trustworthy information helps You to take full benefit of the Service. You must take a due care to protect Your username and password against misuse by others and promptly notify EMPLOI about any misuse.

In the case where you no longer need our services, you are allowed to terminate Your registration by contacting EMPLOI user support or sending an email to info@emploi.co. By terminating your account, it means that You will no longer have access to the service. EMPLOI may terminate Your registration or restrict Your access to certain Service parts if we reasonably believe that You have breached the Terms.

EMPLOI is not responsible for removing or losing the data or the submitted Content to the Service. In the case where information or Content is removed from the Service by either You or EMPLOI, traces or copies may remain elsewhere.

What are the Dos and Don'ts?

You agree to:

• Adhere to the suited rules and regulations, the conditions and graciousness;
• As a person, use the Service only for Your personal, career development-related objective;
• As an Organization, the Service use should be to identify, develop and foster professional talent or to promote your Organization;
• As an Individual, only keep one user account and focus on keeping its information up updated and true;
• As an organization, make certain that the information account is updated and true;
• As an Individual, do not send job applications or conduct tests on behalf of somebody else or otherwise use somebody else's user account or identity on EMPLOI account;
• As an organization, not to publish any campaigns, news updates, or other Contents that are meant to misguide or sham Individual users or other entities;
• Not to submit unlawful, offensive, inaccurate, misleading, abusive, pornographic, harassing, defamatory, or otherwise inappropriate information;
• Procure any consents, permission, or licenses that may be lawfully needed for Your submission any information;
• To access and use the Content only for Your benefit, and not for commercial purposes;
• To use the Content per the restrictions set out in the relevant laws, additional terms, guidelines, and policies that apply to the given Content;
• Not to make copies, sell, give, resell, loan, rent, offer, broadcast, send, transfer, distribute, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available unless otherwise authorized in the applicable Terms and to advise EMPLOI promptly of any such unauthorized use;
• Not to utilize any automated systems or means, except for those we provide, during selection or downloading of the Content;
• Not to share out Your password or otherwise allow other people to access the Content. The restrictions on copying, applicable to media, also apply to the Content accessibility as part of this Service.

Respect the privacy of others;

• By Not distributing or posting spam, unreasonably large files, chain letters, pyramid schemes, viruses;
• By Not using any other technologies or initiating other activities that may abuse the Service or the enthusiasm or property of the users of the service;
• By Not using any automated systems or means to access, acquire, copy, or monitor any Service part.

EMPLOI may, but has no obligation for

• The Monitoring or moderation of any Content or information;
• The Removal of any Service's data or information;
• The Restriction of access to any part of the Service at any time in its sole discretion; and
• Blocking of Users from accessing and using the Service in case of violation of these Terms and conditions.

What about accessing and using the Content?

• Before downloading, using, or accessing any Content, please check whether the Content you wish to access is restricted by age or marked as potentially 'offensive' or 'explicit.' EMPLOI shall not be liable for any claims or offense caused or suffered by Your access to such Content.

The Content is owned and controlled by EMPLOI and/or its respective licensors and is protected by intellectual property laws. The third-party Content provider is solely responsible for any Content it provides, any warranties to the extent that such warranties have not been disclaimed. For any claims You may have pertaining to that Content or Your use of that Content, EMPLOI may enforce the third party Content license terms against You as a third-party beneficiary of those terms. The third-party Content providers are third-party beneficiaries under these Terms and may enforce the provisions that directly concern the Content in which they have rights. EMPLOI may be acting as an agent for third-party Content providers in providing the Content to You. EMPLOI is not a party to the transaction between You and the third-party Content provider for such Content.

Allegations of Copyright Infringement

You may notify EMPLOI of copyright infringement on the Service by providing notice (a) by email with "Copyright Notification" in the subject line to info@emploi.co, (b) by a document titled "Copyright Notification" mailed to EMPLOI Even Business Park, Airport North Rd, Nairobi (c) via the contact form.

Your notice must:

• Single out the original copyrighted element that You are claiming has been infringed;
• Indicate the Content on the Service that You claim is infringing the copyrighted work. Please provide enough detail for EMPLOI to spot the purportedly infringing Content on the Service;
• Provide information about your contact, including Your full name, mail address, and phone number, if available;
• Provide an affidavit that You have good faith and belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• Provide the following statement: "I swear, under penalty of perjury, that the information in this notification and complaint is truthful and that I am the rightful owner of the copyright, or am authorized to act on behalf of the copyright owner of an exclusive right that is infringed."; and
• Provide Your signature, as applicable.

How does EMPLOI inform End-Users about the changes?

EMPLOI post notices within the Service. EMPLOI may also send You notifications about new or changing Services strictly to the email address. You are deemed to have received such messages at the latest within seven (7) days from EMPLOI sending or posting those. Your continued access and usage of the Services constitutes Your receipt of all notices regardless of delivery method.

What fees am I subject to?

Your access and use of the Service may be subjected to charges. The charges may cover parts or the entire Service.

Any fees charged by EMPLOI will be announced separately in connection with the Service.

Use of the Service involves data transmission through Your service provider's network. Prices indicated within the Service DO NOT include possible data transmission, text message, voice, or other service provision charges by Your network service provider.

EMPLOI assumes no responsibility for the payment of any charges of Your service providers.

What are the payment terms?

"Order" shall mean selecting payable Content or Service and/or subscription to Content or Service offered by EMPLOI available in the Service and submission of payment method, as well as submitting the order by selecting the "buy," "ok," "I accept," "confirm," "pay," or other similar confirmation of acceptance in the order flow or providing further manifestation of acceptance terms that are conferred to You in the order flow.

You agree that all Orders shall be lawfully valid and binding. All orders are subject to acceptance by EMPLOI.

You may make payment by credit or debit card, network service provider billing, mobile money, or other payment methods.

The credit or debit card must have a billing address in the country where the Service offers the Content or Service. EMPLOI will charge Your credit card or debit the bank account within a reasonable time after making Your Order. All credit card payments are subjected to validation checks and authorization by the card issuer.

In case You choose network service provider billing, charges will appear on Your mobile phone bill or be deducted from Your prepaid account in case of a prepaid account. Some network service providers might subject Your usage of the Service to additional terms and conditions, including placing limits on the number of charges possible with network service provider billing. Charges exceeding network service provider limits or account balance may be declined.

You agree to pay the charges relating to Your Order, to assure that the instrument of payment is authentic at the time of the Order, that You are the lawful holder of the instrument and that the instrument is used in correspondence to its credit limits.

The Content or Service that is dispatched is licensed under You. You comply with using such Content or Service solely as authorized in these Terms and in any additional terms that You may be given in the order flow.

The Service at times may offer subscriptions, and You authorize the Service to place a periodical charge during the duration of the subscription. The Service may also provide a trial period. In the case where Your Order involves a trial period (also known as try-and-buy), You may be charged when the trial period expires, unless You cancel following the subscription/trial terms and conditions.

The prices in the Service may vary from time to time. Prices include relevant taxes in effect at the period of Your transaction, unless otherwise stated, and need to be paid in full to EMPLOI. Depending on local tax laws and regulations, You may be required to pay additional taxes, such as the withholding tax. There are instances where You may incur additional charges from Your bank or credit card provider based on currency conversion rates used and/or additional fees assessed. EMPLOI assumes no responsibility for bank payment or any other third party service fees, charges, or taxes.

What about service availability and technical requirements?

The Content and the Service availability may differ and are subject to EMPLOI's sole discretion. The Service may not be usable in all countries; hence it may be available only in selected languages. The Service, operations, and some features may also be according to the network, compatibility of the devices used, and the content formats supported.

EMPLOI may disable any Content or Service contained in Your Service account for any reason and remove any Content and/or disable copies of any application on Your device to protect the Service, application providers, wireless carriers over whose network You access the Service or any other affected or potentially affected parties.

Can I cancel my order?

You agree to the delivery of Content electronically or Service being initiated simultaneously with the Order's placement. There is no cancelation of the order once it is processed. The nature of the Content is such that it is not returnable.

If after Your Order, You discover and promptly inform EMPLOI within 48 hours that

• The Content or Service You have ordered is faulty;

the Content or Service EMPLOI delivers to You does not match the description of the Content or Service You ordered via the Service; or

• Technical problems delayed or prevented delivery of Your Content or Service or accidental multiple orders caused by such technical issues, Your sole and the exclusive remedy concerning such Content or Service will be either replacement of such Content or Service, or refund of the price paid for such Content or Service, as determined solely by EMPLOI.

Otherwise, no refunds are possible. If You encounter any of the above issues, please contact EMPLOI.

What happens with my social and location data?

You are allowed to use features in the Service to share Your location, status, Content, Data, or information about You as an Individual or representative of an Organization or to interact with other users, sites and services. Using these features, You agree that EMPLOI may use and provide that information to other services and persons with whom You choose to interact or share this information with. Users of these services and persons, such as Your contacts or people or Organizations You Follow, may see or get to know Your status, location, and/or personal information. By using these features, You agree not to share information, Content, or Data or to link to any service or site that: (a) contains Content or other material that is illegal or inappropriate; or (b) exploits intellectual property rights without authorization or encourages users to piracy. Any interaction does not involve EMPLOI and is solely between You and the other user(s).

How to provide feedback to EMPLOI?

Through submitting any ideas, feedback, and/or proposals ("Feedback") to EMPLOI through the Service or other means, You acknowledge and agree that:

• EMPLOI may have identical development ideas to the Feedback;
• Your Feedback does not contain confidential or proprietary information of You or any third-party;
• EMPLOI is not under any obligation of confidentiality to the Feedback;
• EMPLOI may freely use, distribute, exploit and further develop and modify Feedback for any purpose;
• You are not entitled or guaranteed to compensation of any kind from EMPLOI.

Links to third-party sites and Content

EMPLOI may include access to sites and services on the Internet or preloaded clients that enable You to interact with sites and services owned or operated by third parties and that are not part of the Service. You must review and agree to these sites' or services' terms and conditions before using these sites or services.

EMPLOI has no control over the third-party Content, sites, or services and presumes no liability for services granted or creation or publishing of material on these third-party sites or services. The third-party links do not imply that EMPLOI endorses the site or the products or services referenced in the site.

Besides, You and other users may create Content and links to Content within the Service that has not otherwise been submitted to the Service. EMPLOI is not responsible for this type of content or links.

EMPLOI and advertisements?

Our Services may include advertisements. Advertisements may be targeted to the Content or information stored on the Service, queries made through the Service, or other information.

How do WE take care of Your privacy?

The privacy policy (Create a link to the privacy policy) and any additional privacy information made available to You govern the use of data related to You as an individual user or as a representative of an organization.

Confidentiality

As elaborated under the Privacy Policy, EMPLOI will keep all personal information confidential, including the Candidate and Employer's personal and business information. Shall not reveal it to anyone except as recommended by law. Ensure that such confidential information is protected with security measures and a degree of care applicable to its data. EMPLOI acknowledges that its candidates, employees, directors, agents, and contractors shall use the confidential information only for the intended purpose for which it is provided. EMPLOI shall use all reasonable endeavors to ensure that its candidates, employees, directors, agents, and contractors acknowledge and comply with these Terms of confidentiality provisions as if such person was subject to these Terms of confidentiality.

Indemnification

You agree to defend and indemnify EMPLOI from and against all third-party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (i) Your breach of the Terms, (ii) Your infringement or violation of any intellectual property rights, other rights or privacy of a third party, or (iii) misuse of the Service by a third party where the misappropriation was made possible by Your failure to take reasonable measures to protect Your username and password against misuse.

Limitation of liability

The Service is provided on "AS IS" and "AS AVAILABLE" basis. EMPLOI does not warrant or guarantee that the Service will be uninterrupted or error-free or virus-free. No warranty of any form, either expressed or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose, is made concerning the availability, accuracy, reliability, information, or Content of the Service. You expressly agree and acknowledge that the Service's use is at Your sole risk and that You may be exposed to Content from different sources.

Except for liability for death or personal injury caused by its gross negligence or intentional misconduct, EMPLOI is not liable for any direct damages caused by Your use or inability to use the Service. In no case will EMPLOI be responsible for any indirect, incidental, punitive, or consequential damages resulting from Your use or inability to use the Service.

How long are these Terms valid?

The Terms neither exclude nor limit any of Your mandatory rights in Your country of residence that cannot by law be waived. Suppose a provision of the Terms is found to be invalid. In that case, the remaining provisions will not be affected, and the invalid provision will be replaced with an authentic provision that comes closest to the result and purpose of the Terms. In the case one or more provisions of these Terms are not admissible to Your use of the Service, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole. The provisions of the Terms that are intended to survive termination of Your registration remain valid after termination.

Choice of law for these Terms

The laws of Kenya govern the Terms without regard to its conflicts of law provisions.

Making changes to the Terms

EMPLOI may do the modification of the terms at any time without prior notice. In the case where the Terms are changed in a material, adverse way, EMPLOI will provide a separate notice advising of the change.

You are required to review the Terms and conditions regularly. The continued access and use of the Service constitute Your consent to any changes and modifications.

Intellectual property

International copyright laws protect the services, Content, and the app. EMPLOI claims copyrights in its Service, Content, to the maximum extent of the law. Subject to the Terms, EMPLOI retains all right, title, and interest in the Service, its Content, and all other EMPLOI products, software, and other properties provided to You or used by You through the Service.

Transferring rights and obligations

EMPLOI may transfer its rights and obligations under these Terms to its corporate parent, its subsidiaries, or any company under common control with EMPLOI. Additionally, EMPLOI may assign its rights and obligations under these Terms to a third party connected with a merger, acquisition, sale of assets, by operation of law or otherwise.

How to Contact Us

In case of questions or concerns about this Terms, please contact us at info@emploi.co