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Terms & Conditions

The service provided by the Site is to provide Users with access to job postings and the ability to submit candidate profiles and résumés and post jobs, subject to these Terms & Conditions (the "Service").

The Service is located at "www.BermudaJOBS.com" (the "Site"), which is owned and operated by Expertise Limited, a limited liability company incorporated in Bermuda ("Expertise"). Any reference to Expertise in these Terms & Conditions includes, as appropriate in the context, a reference to BermudaJOBS.com, Expertise and its affiliates. Any reference to these Terms & Conditions includes, as appropriate in the context, a reference to the Privacy Statement and the Legal Disclaimer, all as amended from time to time.

As an entity to which the Electronic Transactions Act 1999 of Bermuda applies, Expertise is required to comply with the provisions of the Standard for Electronic Transactions appointed by the Minister under section 29 of that Act.

The information on the Site is intended to provide those seeking jobs with access to job postings and/or those offering employment with a place to post jobs. "You", "you" and "User" are terms used to refer to any individuals and/or organisations/entities that access the Site.

By accessing and using the Service, you are accepting these Terms & Conditions. If you do not accept these Terms & Conditions, do not use the Site. Expertise may amend these Terms & Conditions at any time by updating this page or the pages on which the Privacy Statement and the Legal Disclaimer appear. You are advised to access this page and those pages periodically to review the Terms & Conditions, the Privacy Statement and the Legal Disclaimer, as they are binding on you at all times.

If there is any conflict or inconsistency between these Terms & Conditions and the Legal Disclaimer, the provision or provisions more favourable to Expertise prevail. If there is any conflict or inconsistency between these Terms & Conditions and the Privacy Statement, the provision or provisions more favourable to Expertise prevail.

Use of the Site

Expertise authorises you to access the Site for your sole use in accordance with these Terms & Conditions.

The contents of the Site, such as text, graphics, images, logos, button icons, software and other content ("Material"), are protected under Bermuda and foreign copyright, trademark and other laws. All Material is the property of Expertise. The compilation (meaning the collection, arrangement and assembly) of all Material on this Site is the exclusive property of Expertise and protected by Bermuda and international copyright laws. Unauthorised use of the Material may violate copyright, trademark and other laws. You may not copy, sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the code that Expertise creates to generate its pages. It is also protected by Expertise's copyright.

Acceptable Site Use

Users may not use the Site in order to transmit, distribute, store or destroy information/material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) in a manner that is defamatory, obscene, threatening, abusive or hateful.

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which the User is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail. Violations of system or network security may result in civil or criminal liability. Expertise will investigate occurrences which may involve such violations and may involve, and cooperate with, legal authorities in prosecuting Users who are involved in such violations.

Specific Prohibited Uses

The Site may be used only for lawful purposes by individuals seeking employment and employers/recruiters seeking employees. Expertise specifically prohibits any use of the Site, and all Users agree not to use the Site, for any of the following:

  • Posting any false or inaccurate information or information which is not your own.
  • Posting any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
  • Deleting or revising any information/material posted by any other person or entity.
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on the Site.
  • Taking any action which imposes an unreasonable or disproportionately large load on this Site's infrastructure.
  • If you have a Username and Password allowing access to a User specific area of the Site, disclosing to or sharing your Username and Password with any third parties or using your Username and Password for any unauthorised purpose.
  • Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than any search engine and/or search agents available from Expertise on the Site and other than generally available third party web browsers (e.g., Microsoft Internet Explorer, Firefox, Safari).
  • Attempting to decipher, decompile, disassemble or reverse engineer, or deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Site.
  • Aggregating, copying or duplicating in any manner any of the Material or information available from the Site.
  • Framing of or linking to any of the Material or information available from the Site.

    User Information

    When you register with the Site, you will be asked to provide Expertise with certain information including, without limitation, contact information and a valid e-mail address ("Username") (collectively "Profile"). In addition to our policy with regard to privacy that is set forth in our Privacy Statement, you understand and agree that Expertise may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration. Other than the provision of access to your job postings to other Users, Expertise will not disclose to any third party your Profile, résumé, name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Expertise reserves the right to offer third party services and products to you based on the information you provide in your registration and at any time thereafter.

    User Submissions

    As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Site you agree not to, do the following things, or any of them:

  • post information/material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
  • post information/material that reveals trade secrets, unless you own them or have the permission of the owner;
  • post information/material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
  • post information/material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another User or any other person or entity;
  • post a sexually-explicit image or statement;
  • post advertisements or solicitations of business, post chain letters or pyramid schemes;
  • impersonate another person; or post information/material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

    EXPERTISE DOES NOT REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF COMMUNICATIONS POSTED BY USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON THE MATERIAL OR ON ANY INFORMATION POSTED BY OTHER USERS WILL BE AT YOUR OWN RISK.

    Expertise acts as a passive conduit for the online distribution and posting of User-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring information posted by Users. If notified by a User of communications which allegedly do not conform to these Terms & Conditions, Expertise may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication. EXPERTISE HAS NO LIABILITY OR RESPONSIBILITY TO USERS FOR PERFORMANCE OR NON-PERFORMANCE OF SUCH ACTIVITIES. Expertise reserves the right to expel Users and prevent their further access to the Site for violating the Terms & Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. Expertise may take any action with respect to User-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Expertise or may cause Expertise to lose (in whole or in part) the services of its ISPs or other suppliers.

    By submitting information/content to the Site, you grant Expertise the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the information/content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such information/content. You also warrant that the holder of any rights, including moral rights in such information/content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such information/content for personal use. Subject to the foregoing, the owner of such information/content placed on the Site retains any and all rights that may exist in such information/content.

    Registration and Password

    You are responsible for maintaining the confidentiality of your information, Username and Password. You shall be responsible for all uses of your registration, whether or not authorised by you. You agree to immediately notify Expertise of any unauthorised use of your registration, Username or Password.

    Upon registering with the Site you agree to permit Expertise to contact you via e-mail to notify you of changes to the Site and its policies.

    Expertise's Liability

    The Site is only a location on the World Wide Web. The Site acts as a place for employers/recruiters to post job opportunities and candidates to submit personal information and does not screen or censor the information offered. Expertise is not involved in the actual transaction between employers/recruiters and candidates. As a result, Expertise has no control over the quality, safety or legality of the jobs or personal information posted, the truth or accuracy of the job postings and personal information/Profiles, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill employment positions. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, persons under the age of consent or people acting under false pretenses. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH THE SITE.

    Because User authentication on the Internet is difficult, Expertise cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behaviour of Users, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE EXPERTISE (AND OUR DIRECTORS, AGENTS, EMPLOYEES AND AFFILIATES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL, DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

    Expertise is under no legal obligation to, and generally does not, control the information provided by other Users which is made available through the Site. By its very nature, other Users' information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Expertise expects that you will use caution and common sense when using the Site.

    The Material may contain inaccuracies or typographical errors. EXPERTISE MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE OR THE MATERIAL. THE USE OF THE SITE AND THE MATERIAL IS AT YOUR OWN RISK. Changes are periodically made to the Site and may be made at any time.

    YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE FORM, CONTENT AND ACCURACY OF ANY JOB POSTING AND/OR PERSONAL INFORMATION AND/OR OTHER INFORMATION POSTED BY YOU ON THE SITE.

    Expertise is not to be considered an employer with respect to your use of the Site and EXPERTISE SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS MADE, FOR WHATEVER REASON, BY ANY ENTITY POSTING JOBS ON THE SITE OR BY ANY CANDIDATE/PERSON SEEKING A JOB.

    EXPERTISE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, EXPERTISE IS NOT RESPONSIBLE FOR THOSE COSTS.

    THE SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EXPERTISE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXPERTISE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

    Expertise reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your job postings and/or personal information/Profile from the Site and immediate termination of your registration with or ability to access the Site and/or any other service provided to you by Expertise, upon any breach by you of these Terms & Conditions or if Expertise is unable to verify or authenticate any information you submit to the Site.

    For other, further and additional important disclaimers, see Legal Disclaimer.

    Services & Fees

    You acknowledge: # that you are bound by the information which you provide on any order form when ordering the Service:

    (a) that having completed and forwarded any such order form, you have made an irrevocable offer to purchase the Service which you have ordered; (b) that there is no contract between you and Expertise for the purchase of such service unless and until any payment that may be due has been made and is received by Expertise; (c) that Expertise may later revoke for whatever reason, the contract which was formed upon receipt of any payment due and that the contract will be rendered invalid ab initio.

    If for any reason when you attempt to forward any order form the process fails, you should try again.

    Expertise may modify, suspend or terminate the Service or delete your information from our server at any time for any reason without notice, with a refund only of any prepaid, but unapplied, fees, if any, subject to these Terms & Conditions.

    Indemnity

    YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS EXPERTISE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS, FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM YOUR USE OF THE SITE OR THE MATERIAL OR YOUR BREACH OF THESE TERMS & CONDITIONS. EXPERTISE shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

    General

    Expertise makes no claims that the Material may be lawfully viewed or downloaded outside of the Islands of Bermuda. Access to the Material may not be legal by certain persons or in certain countries. IF YOU ACCESS THE SITE FROM OUTSIDE OF THE ISLANDS OF BERMUDA, YOU DO SO AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR JURISDICTION. These Terms & Conditions, the Legal Disclaimer, the Privacy Statement, and any matter, thing or claim arising out of them, or of any of them, are governed by the internal substantive laws of the Islands of Bermuda, without respect to its conflict of laws principles, and you agree to submit to the exclusive jurisdiction of the Courts of Bermuda with respect to any such matter, thing or claim. If any provision of these Terms & Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Site, a particular legal notice or software license or Material on particular web pages, these Terms & Conditions, the Legal Disclaimer, the Privacy Statement constitute the entire agreement between You and Expertise with respect to the use of the Site.

    Additional Terms of Use

    Certain areas of the Site may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to those areas.

    Dispute Resolution

    Any dispute or difference between you and Expertise in connection with these Terms & Conditions, the Legal Disclaimer or the Privacy Statement shall be referred to a sole arbitrator (the "Arbitrator").

    The arbitration shall be held in Hamilton, Bermuda. The Arbitrator shall be appointed by the parties or, failing agreement, by Ronald Myers, or, alternatively, Mark Diel of Messrs. Marshall Diel & Myers, 48 Church Street, Hamilton HM 12, Bermuda. The procedure shall be agreed by the parties or, failing agreement, determined by the Arbitrator. If either party fails to comply with any procedural order made by the Arbitrator, the Arbitrator shall have power to proceed in the absence of that party and deliver the award.

    Nothing in the dispute resolution process set out above prevents or in any way restricts either party from seeking specific performance, injunctive relief or any other form of equitable remedy.

    Contacting the Site

    If you have any questions about these Terms & Conditions, the Legal Disclaimer, the Privacy Statement, the practices of the Site, or your dealings with the Site, including any complaint of any kind, you can contact us.
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