These are the terms and conditions of use and service for www.myjobmatcher.com/us (Terms). The website, any mobile applications we make available and job alert emails we may send from time to time (website) is operated by My Job Matcher, Inc. (we, us and our). Our registered office is at 310 Alder Road, Dover, Kent, Delaware 19904.
Your use of the website will be subject to these Terms and by using the website you agree to be bound by them.
We reserve the right to change these Terms from time to time by changing them on the website. If you continue to use the website after any such revisions take effect then you will be taken to have agreed to the revised Terms. These Terms were last updated on 4 November 2014.
In addition to these terms our Privacy and Cookies Policy also applies to your use of the website and is incorporated by reference into these Terms.
Registering an account
To start being matched with jobs on the website you will need to register an account. In order to register you must:
- be an individual; and
- be 18 years old or older.
- You must sign up directly on the website in order to register. When signing up, you must provide:
- your full name;
- email address;
- phone number;
- your CV or resumé (CV); and
- any other information reasonably requested by us as part of the sign up process.
You can also update your account with details of your job preferences, detailing the sorts of skills you would like to employ or location which you prefer and whether you are looking for full time work, contract work or both.
All information that you provide to us when registering an account must be true and accurate to the best of your knowledge and belief. It is your responsibility to ensure that information in your account and CV is updated regularly with any relevant changes.
We reserve the right in our absolute discretion to refuse to register any given prospective user and to withhold the reasons for doing so. We reserve the right to disable any account at any time if in our opinion you have failed to comply with any of the provisions in these Terms or if any details you provide for the purposes of registering as a user prove to be false.
Login details and password
You will also be asked to choose a password for your account on registration. You must keep your password confidential at all times You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.
We may suspend your account or require you to change your password if we have reason to believe that there is likely to be a breach of security or misuse of your account.
You are responsible for all activities that occur under your login details and must contact us immediately if you suspect any unauthorised use or other security breach.
Job matches and our role
We operate the website as a platform for you to be matched with jobs and to apply and make contact with entities offering those jobs (Job Providers). We are not an agent for you or those Job Providers, and we do not vet or endorse the jobs they make available and we are not responsible for the jobs they make available.
We may match you with a particular job posted on the website based on your resume, account information and location. You acknowledge and agree that such suggestions do not amount to an endorsement of that Job Provider's job offering.
If you decide to accept a job with a Job Provider you acknowledge and agree that will be on the basis of a contract between you and the Job Provider on terms agreed between you and the Job Provider and that we shall not be a party to that contract and shall not be responsible in any way for the performance of that contract by the Job Provider or for the quality, safety, timeliness or any other aspect of any such jobs offered by the Job Provider or accepted by you.
We make no guarantee that we will be able to match you to a job, or that any jobs posted on our website will meet your particular needs. We do not control the job listings submitted to the website by Job Providers. We are not a recruitment or employment agency and give no warranty as to the suitability of a job or job advertisements or as to their accuracy, completeness, or reliability. You acknowledge that you are solely responsible for all use you make of the website.
You acknowledge and agree that we shall not be liable for any jobs advice or tips that we may provide to you from time to time, and that such advice is generic.
Access to the website
It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.
We cannot guarantee the continuous, uninterrupted or error-free operability of the website. There may be times when certain features, parts or content of the website, or the entire website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the website, or any features, parts or content of the website.
What you are allowed to do
You may only use the website for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the website on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the website and, where they apply, will be displayed on-screen or accessible via a link.
What you are not allowed to do
Except to the extent expressly set out in these Terms, you are not allowed to:
- store pages of the website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the website;
- use the website in any way that is illegal or fraudulent, or has any illegal or fraudulent purpose or effect;
- remove or change any content of the website or attempt to circumvent security or interfere with the proper working of the website or the servers on which it is hosted;
- use the website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- use the website to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website; or
- reproduce, duplicate, copy or re-sell any part of the website in contravention of these Terms.
- You must only use the website and anything available from the website for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them.
Intellectual property rights
All intellectual property rights in any content of the website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the website. In the event you print off, copy or store pages from the website (only as permitted by these Terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
We may change the format and content of the website from time to time. You agree that your use of the website is on an 'as is' and 'as available' basis and at your sole risk.
Whilst we try to make sure that all information contained on the website (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Unless expressly stated to the contract, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the website and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the website or relying on any of its content.
We cannot and do not guarantee that any content of the website will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
Your personal information
Use of your personal information submitted to or via the website is governed by our Privacy and Cookies Policy.
The website may, from time to time, make comments pages, message boards, news groups and/or other public areas for user-generated content and communications (collectively User Content Pages) available to its users. We do not control the material submitted to User Content Pages (collectively Postings), nor are User Content Pages actively moderated. You are solely responsible for the content of your Postings as submitted by you and acknowledge that all Postings express the views of their respective authors, and not our views.
If you participate in any User Content Pages, you must:
- keep all Postings relevant to the purpose of the User Content Page and the nature of any topic;
- not submit any Posting that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
- not submit any Posting that contains any viruses and/or other code that has contaminating or destructive elements;
- not submit any Posting containing any form of advertising; and
- not impersonate, or misrepresent an affiliation with, any person or entity.
You agree that, by submitting any Posting, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Posting (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such Posting.
Whilst we do not pre-screen Postings, we reserve the right, in our sole discretion, to delete, edit or modify any Posting submitted by you and/or to close any topic, at any time without notice to you.
Complaints about the content of any Posting must be sent to and must contain details of the specific Posting giving rise to the complaint.
The website will include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
Service suspension and termination
We may, from time to time, with or without prior notice, temporarily suspend the operation of the website or any service we offer on the website (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
We may suspend or terminate any service if we need to do so in order to comply with legal or regulatory requirements, provided that we will give you as much notice as we reasonably can.
We may, with or without prior notice, suspend or terminate your account, the website and any services we offer through the website if you have breached any of these Terms.
You may close your account at any time by selecting "Account Settings" and clicking "Close account". We will retain information you have submitted to us as required for our records in accordance with applicable law. We will remove information you have submitted to us if specifically requested by you in writing.
Nothing in these Terms shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under Delaware law, be limited or excluded. Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
These Terms shall be governed by Delaware law, and you agree that any dispute between you and us regarding them or the website will only be dealt with by the Delaware courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
Please submit any questions you have about these Terms or any problems concerning the website by email to customer.success @ myjobmatcher.com (remove spaces when sending email) or write to us via our website contact form.
Additional Terms and Conditions of Business for Recruiters
In these terms and conditions:
- 'Customer' means any person, company, organisation or firm which purchases Services from us; 'Order Form' means an order for Services on a form provided by us (in any format) and signed by a Customer;
- 'Services' means all recruitment products and services made available by us from time to time;
- 'Contract Month' means, in respect of any Order Form relating to the provision of Services for a specified period of months, the calendar month commencing on the start date specified in the Order Form and ending on the day before the same date in the next calendar month. For example, the calendar month commencing on 17 March and ending 16 April;
- 'Contract Term' means the full term specified in the Order Form.
We will not commence the provision of Services pursuant to any Order Form until the Order Form has been returned to us, in a form approved by us and confirmed by the Customer by way of signature, e-mail confirmation or provision of purchase order number and, in the case of Customers who purchase Services on terms that require pre-payment, Services will not commence until payment is received and cleared.
We shall use reasonable skill and care in its provision of the Services but we make no representation or warranty that the Services will be uninterrupted or error free or fit for the Customer’s particular purpose.
We shall be entitled to temporarily suspend or alter the operation of the Services for legal or technical reasons. We shall endeavour to notify the Customer as far in advance as possible of any temporary suspension or significant alteration but the Customer acknowledges that prior notice may not always be possible.
Fees are as specified in the Order Form we issue and are guaranteed for the period stated on the Order Form. Any discounts agreed are confidential and may not be disclosed by the Customer.
We reserve the right to require the Customer to pay the Fees in advance of the Contract Month(s) in which they intend to use the Services stated in the Order Form before making Services available to the Recruiter.
If any Services to be used within any time period specified on the Order Form are not used within that period of time they may not be carried over into any subsequent period without our prior written consent. The Customer will be responsible for payment for any unused Services.
All fees exclude VAT. All fees are payable prior to activation of Services to the Customer. Late payment will entitle us to suspend provision of Services until all monies owing to us have been paid in full by the Customer. Interest will be payable on late payments at the rate of 4% per annum above HSBC Bank plc's base lending rate in force from time to time or such higher rate as may be permitted by law from the due date until settlement or discharge of the debt.
We reserve the right to charge the Customer its reasonable administration costs in dealing with any failed payments and/or any costs incurred by us in relation to pursuing debt collection (including debt collection agency fees and expenses).
The terms and conditions of this agreement will continue unless terminated by you or us, by notice in accordance with this section.
We reserve the right to terminate this agreement immediately and payment will become due immediately of all outstanding amounts. We will have no further obligation to the Customer, upon the occurrence of any of the following events:
- The Customer fails to pay any amount due to us;
- The Customer is a limited company and calls a meeting of creditors or is otherwise the subject of proceedings under the Insolvency Act of 1986, or is unable to pay their debts as they fall due within the meaning of section 123 of the Insolvency Act of 1986, they cease to trade or go into liquidation;
- The Customer is an individual and is declared bankrupt or enters into any arrangement or compromise with their creditors, or they cease to trade;
- The Customer is in material breach of these terms and conditions and has not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied
The Customer may terminate the provision of Services in writing to us:
- To expire at the end of the term stated in the Order Form;
- In the event that we are in material breach of these terms and conditions and have not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied, or;
- We become insolvent, cease to trade or go into liquidation
License to use Customer’s name, trademarks and logos
Customer agrees that we may use the Customer’s name, trademarks and logos (“IP-Rights”) for the purposes of providing the Services.
Additionally Customer agrees that we may mention Customer as a reference customer in our marketing materials (such as e.g. but not limited to websites and brochures), that we may use the Customer’s IP Rights in this context and may present examples of the services provided to and the materials published on behalf of Customer.
Limitation of Liability
Our total liability to the Customer in respect of any loss or damage under or in connection with the Services, except for death or personal injury caused by our negligence, is limited to the total amount paid to us during the Contract Term for such Services or the aggregate amount of Fees paid by the Customer in the twelve months immediately preceding the incurring of such loss or damage.
Our liability in respect of any failure to perform the Services shall be limited to the re-performance of the relevant part of the Services as far as is practicable.
Access to Candidate Database
Access to the candidate CV database will be granted within a reasonable time period after payment confirmation of payment of Fees.
You will be notified contacted by us when your username has been granted access to the candidate database.
We support the current and most recent previous versions of all popular browsers, and follows the HTML 5 (loose) and CSS 3 W3C standards. If your browser is not supported, you may still be able to access our site, but you may encounter some display problems.
Use of candidate database
Rights in the database
Database rights and all other applicable copyright and intellectual property rights in the candidate database belong to My Job Matcher. You acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its content is governed by these terms and conditions.
Use of the database
We will take reasonable steps to provide a reliable service to you. However, we cannot guarantee the accuracy or authenticity of any of the CVs stored in our candidate database. You acknowledge and accept that this is beyond our control, and refunds cannot be given in the event of untruthful information being submitted by Candidates.
The material you are entitled to receive from the candidate database is determined by the product you have purchased from us. On receipt of this material you may:
- Use, search or download it to your database using the TalentMatch back office interface and its associated functions for the purpose of finding suitable candidates for specific job vacancies that you or (if you are an employment agency or employment business) your client wish to fill.
- Use the information about the individuals contained in the database for the purpose of contacting them in relation to a specific job vacancy.
- Use the information only in connection with your own recruitment-related activities.
You may NOT:
- Supply, sell or license material from the candidate database, or a copy of it, to any other person, including another member of your group of companies.
- Download or capture volume quantities of information from the our database through any automated process (e.g. using automatic extraction software tools commonly known as robots and spiders).
- Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies. You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations.
- Access our candidate database from a system that is not fully patched or does not have industry standard AntiVirus software installed that is regularly updated.
Fair Usage of the Database
Downloads from the candidate database, CV searches and CV watchdogs are subject to a fair usage policy. We deem fair usage to be 500 CV searches and 500 CV downloads or 500 CVs received per CV watchdog per user per day where:
- A user is a person, company or firm who is named as the Customer in an Order Form and who has a unique login to the TalentMatch portal within the our site(s) (as set out in the applicable Order Form); and
- A day is considered a calendar day between the hours of 00:00:00 GMT and 23:59:59 GMT.
My Job Matcher reserves the right to amend any fair usage limits that have been imposed without prior notification to users.
My Job Matcher takes any misuse of data, breach of the terms stated in a user's Order Form or breach of any legal policy or regulations very seriously. We reserve the right to limit, suspend or cancel, without refund, access to the candidate database and associated services if My Job Matcher, in its sole discretion, suspects (i) the misuse of data by a user and/or the user has breached any of these terms. In addition, any such activity may result in legal action being taken by us against the offending party.
Dealings with candidates
You agree to deal fairly and professionally with individuals you may contact using information from the candidate database and not do anything which may bring My Job Matcher into disrepute. You will indemnify My Job Matcher from and against any claim brought by an individual against My Job Matcher arising from your breach of this obligation or any other of these terms and conditions.
Passwords are for the sole use of the person to whom they are issued. Passwords must be kept confidential and secure. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is breaching these terms and conditions.