TERMS OF USE

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and WorkWise Talent Community (“we”, “us”, or “our”), concerning your access to and use of the https://www.workwiseja.com website as well as any other mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

 You agree that by completing the registration process and accessing the Site, you represent that you are 18 years old or older and you have read, understood, and agreed to abide by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Certain Definitions: The following definition applies to this Agreement:

“Materials” includes any job opportunity information, application information, personal information, emails, brochures, conference material, career fair material, documents, audio, videos, photographs, logos, trademarks, service marks, domain names, comments, questions, and other data, content or information or other materials provided by you, if any, for use in connection with the Site.

1. Changes to Terms of Use

WorkWise Talent Community reserves the right to change, alter, replace or otherwise modify the Terms of Use at any time. Notification of any changes will be sent to you by email.  If any of these changes are unacceptable, you may terminate your subscription as described below under “Term and Termination.” Use of WorkWise Talent Community following the posting of any changes to these terms of use constitutes acceptance of those changes by you.

• Term and Termination

This Agreement will continue until terminated by either WorkWise Talent Community or you. The Agreement can be terminated by either party by notifying the other party by electronic mail of the decision to terminate. 

• Use of  WorkWise Talent Community
• WorkWise Talent Community hereby grants you a non-exclusive, non-transferable license to access and use the Site for the fees and under the terms described in this Agreement.
• Only one person at a time may access WorkWise Talent Community using your username and password without the prior consent of WorkWise Talent Community.
• You may, free of charge and on an occasional basis, make up to 20 copies in paper form of an individual article appearing on the Site for non-commercial use provided you include all copyright and other proprietary rights notices that appeared on the original and include a notice indicating that WorkWise Talent Community is the source of the material.
• You may not disseminate any portion of WorkWise Talent Community through electronic means, including mail lists or electronic bulletin boards, without our prior consent.
• Except as expressly permitted in this Agreement, WorkWise Talent Community may not be reproduced, transmitted, or distributed without our permission.
• You may not amalgamate any portion of WorkWise Talent Community with any other information and shall not edit, modify, or alter any portion.
• Rules for Posting “Material”

The following rules apply to your use of the Site. The list of rules is for illustration only and is not a complete list of all the posting rules.

1. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any material that you submit and that WorkWise Talent Community use of your material in accordance with this Agreement will not violate any law or infringe the rights of any third party, and that to the best of your knowledge, all your material and other information that you provide to us is truthful and accurate.
2. You grant to us the non-exclusive right to use all material entered into WorkWise Talent Community by you (other than third-party material transmitted through private electronic mail), in any of our print or electronic publications.
3. You are responsible for the content of any material that you enter into WorkWise Talent Community, including the content of any messages or information posted by you.
4. WorkWise Talent Community retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete any content which we deem to be illegal, offensive, or otherwise inappropriate.
5. You may not input or distribute any material through WorkWise Talent Community that is promotional in nature, including solicitations for business or funds, provided however, that WorkWise Talent Community may allow posting of certain training and business opportunities.
6. You may not post any material on the Site that contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
7. You may not post any material on the Site that contains any information or content that you know is not correct and current.
8. You may not post any material to the Site that contains: 
9. URLs or links to web sites other than to recruitment related pages on your company web site; 
10. Copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material);
11. Trade secrets (unless you own them or have the owner’s permission to post them);
12. Material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others;
13. Anything that is discriminatory, sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful;
14. Anything that is embarrassing or offensive to another person or entity.
15. You may not use your material to:
16. Impersonate another person, living or dead;
17. Post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters.
18.  Your material must contain sufficient detail to convey clearly to Job Seekers, the nature and requirements of the job opportunity.
19. Documents that encourage Job Seekers to “email for more details” are not permitted.
20. WorkWise Talent Community is under no obligation to monitor the material posted on the Site, but it may monitor materials at random. Materials found to violate the above rules for posting may be removed at WorkWise Talent Community sole discretion.

• Rules for Conduct and Security

The following rules apply to your conduct and security while using Site. The list of rules is for illustration only and is not a complete list of all the conduct and security rules.

1. You may use your subscription to the Site only for the purpose of job seeing, liaising with employers and recruiters, seeking candidates for employment or to build your talent pipeline.
2. You may not respond to any communications in any manner or for any purpose other than that which is expected (example, to apply for the job or to initiate further discussion with the candidate).
3. Communications soliciting any form of business are prohibited.
4. You may not send unsolicited commercial email to Job Seekers or to Employers and Recruiters.
5. Protect your password. Your WorkWise Talent Community account and any related Services accessed through such account are to be accessed and used solely by you.
6. Upon your successful registration for a WorkWise Talent Community account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your WorkWise Talent Community account to any third party.
7. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).
8. You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Site.
9. You agree to notify WorkWise Talent Community immediately of any unauthorized use of your account or password.
10. You may not delete or revise any material posted by any other person or entity.
11. If at any time WorkWise Talent Community comes to the understanding that you:
12. misled WorkWise Talent Community regarding your business practices and/or services, or
13. purchased services that do not represent your precise business, WorkWise Talent Community reserves the right to terminate your Agreement.
14. Indemnity
15. You agree to defend, indemnify and hold harmless WorkWise Talent Community from all damages, liabilities, costs, charges and expenses, including reasonable accounting and attorneys’ fees, which WorkWise Talent Community, their affiliates, employees, and authorized representatives may incur as a result of, or resulting from either: (i) your breach of this Agreement; or (ii) material entered into WorkWise Talent Community with the use of your username or password or (iii) your use of the Site. 
16. No Warranties/Limitations on Liability
17. WorkWise Talent Community makes no guarantees or warranties as to the accuracy or completeness of, or results to be obtained from, accessing and using the Site, nor any material that can be accessed (via a direct or indirect hyperlink or otherwise) through WorkWise Talent Community.
18. WorkWise Talent Community shall not be liable to the user or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause, or for any damages resulting therefrom.
19. In no event will WorkWise Talent Community be liable for any indirect, special or consequential damages, including but not limited to, lost time, lost money, lost profits or goodwill, whether in contract, tort, strict liability or otherwise, and whether or not such damages are foreseen or unforeseen with respect to any use of the Site.
20. You agree that all demands of whatever kind assessed against WorkWise Talent Community arising out of or relating to use of the Site shall not exceed the total amount the you paid to WorkWise Talent Community for use of the Site during the previous twelve (12) months (or if you have subscribed for fewer than twelve (12) months, during the time since the user’s subscription began).
21. Use of Information
22. WorkWise Talent Community may, from time to time, use information you provide as part of the registration process to send you information regarding other services from WorkWise Talent Community that may be of interest to you.
23. Free Subscription
24. WorkWise Talent Community reserves the right to qualify subscribers to a complimentary subscription. We also reserve the right to suspend the complimentary subscription at any given time during the one year period.
25.   No Endorsements 
26. Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any Company, whether in regards to your web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
27.   License to Use
28. You hereby grant WorkWise Talent Community a non-exclusive, worldwide, royalty-free license to use your materials and to hyperlink to your website in connection with the recruitment service.
29. WorkWise Talent Community hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for internal business use – seeking candidates for employment  or personal – job seeking.
30. This authorizes you to view and download a single copy of Jobseekers’ data solely for your personal use directly related to searching for and recruiting job prospects.
31. WorkWise Talent Community also grants you a limited, terminable, non-exclusive license to use the WorkWise Talent Community Site for your internal use only.  You may not sell, transfer or assign any of our services or your rights to any of our services provided by WorkWise Talent Community to any third party without the express written authorization of WorkWise Talent Community.

1.   Data Protection Act
2. You will comply with the Jamaica Data Protection Act and any  applicable data protection laws with respect to such data, including:
3. Processing such data fairly and lawfully and only for the Intended Purpose;
4. Processing such data only for as long as is necessary for the Intended Purpose and deleting such data once the Intended Purpose has been fulfilled;
5. Having in place appropriate technical and organizational measures to protect such data against accidental or unlawful destruction or accidental loss, alternation, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data;
6. Having in place procedures so that you will respect and maintain the confidentiality and security of the data;
7. Not disclosing or transferring such data to a third party located outside of Jamaica unless it does so in compliance with all applicable data protection laws;
8. Complying with data protection authorities requests for access to, or correction, amendment, blocking or deletion of, such data made pursuant to applicable data protection laws.
9.   General
10. This Agreement constitutes the entire agreement between the parties relating to the Site and supersedes any and all other agreements, oral or in writing, with respect to the Site.
11. The failure of WorkWise Talent Community to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.
12. This Agreement is personal to you, and you may not assign your rights or obligations to anyone.
13. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
14. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of Jamaica, as if the Agreement was a contract wholly entered into and wholly performed within Jamaica.