Terms of Use

  1. Introduction

  2. These terms of use are divided into 3 parts. Part A contains general terms relating to the use of our website; Part B contains special terms relating to jobseekers; and Part C contains special terms relating to employers, recruiters and advertisers.

    By using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website. If you register with the website as a jobseeker or an employer, recruiter and partner, we will ask you to expressly agree to these terms of use.

    These terms of use are provided in the English language only.

    You must be at least [18] years of age to use our website. By using our website and by agreeing to these terms of use, you warrant and represent that you are at least [18] years of age.

    Our website uses cookies. By using our website and agreeing to these terms of use, you consent to our use of cookies.

PART A

  1. Licence to use website

  2. Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

    You may view, download for caching purposes only, and for your own personal use only, subject to the restrictions set out below and elsewhere in these terms of use.

    You must not:

    1. Republish material from this website (including republication on another website;
    2. Sell, rent or sub-license material from the website;
    3. Show any material from the website in public;
    4. Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
    5. Edit or otherwise modify any material on the website; or
    6. Redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter and jobs networking). Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
  3. Acceptable use

  4. You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

    You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

    You must not conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website without our express written consent.

    You must not use our website to transmit or send unsolicited commercial communications.

    You must not use our website for any purposes related to marketing without our express written consent.

  5. Restricted access

  6. Access to certain areas of our website is restricted. We reserve the right to restrict access to other areas of our website, or indeed our whole website, at our discretion.

    If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

    We may disable your user ID and password in our sole discretion without notice or explanation.

  7. User generated content

  8. In these terms of use, user content means material including without limitation text, images, audio material, video material and audio-visual material that you submit to our website, for whatever purpose.

    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

    You warrant and represent that your user content will comply with these terms of use.

    Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party in each case under any applicable law.

    Your user content and its publication on our website must not:

    1. Be libellous or maliciously false;
    2. Be obscene or indecent;
    3. Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
    4. Infringe any right of confidence, right of privacy, or right under data protection legislation;
    5. Constitute negligent advice or contain any negligent statement;
    6. Constitute an incitement to commit a crime;
    7. Be in contempt of any court, or in breach of any court order;
    8. Be in breach of racial or religious hatred or discrimination legislation;
    9. be blasphemous;
    10. Be in breach of official secrets legislation;
    11. Be in breach of any contractual obligation owed to any person;
    12. Depict violence in an explicit, graphic or gratuitous manner;
    13. Be pornographic or sexually explicit;
    14. Be untrue, false, inaccurate or misleading;
    15. Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
    16. Constitute spam;
    17. Be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or<
    18. Cause annoyance, inconvenience or needless anxiety to any person.

    Your user content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

    You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms of use.

    You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

    We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

    Notwithstanding our rights under these terms of use in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

  9. Limited warranties

  10. You acknowledge that some of the information published on this website is submitted by users, and that we do not usually review, approve or edit such information. We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

    To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.

  11. Limitations and exclusions of liability

  12. Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

    The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort including negligence and for breach of statutory duty.

    To the extent that the website and the information and services on the website are provided with charge or free-of-charge, we will not be liable for any loss or damage of any nature.

    We will not be liable to you in respect of any losses arising out of any event or events beyond our control.

    We will not be liable to you in respect of any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    We will not be liable to you in respect of any loss or corruption of any data, database or software.

    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

    You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms of use. This will, also, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

    You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

  13. Indemnity

  14. You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

  15. Breaches of these terms of use

  16. Without prejudice to our other rights under these terms of use, if you including for the avoidance of doubt registered jobseekers and registered employers, recruiters and advertisers breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

    1. Send you one or more formal warnings;
    2. Temporarily suspend your access to the website;
    3. Permanently prohibit you from accessing the website;
    4. Block computers using your IP address from accessing the website;
    5. Contact your internet services provider and request that they block your access to the website;
    6. Bring court proceedings against you for breach of contract or otherwise;
    7. Suspend and/or delete your account with the website; and/or
    8. Delete and/or edit any or all of your user generated content.

    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

  17. Third party websites

  18. Our website includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  19. Trade marks

  20. Our logos are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights.

    The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  21. Competitions

  22. From time to time we may run competitions, free prize draws and/or other promotions on our website according to law. These might be subject to separate terms and conditions that we might make available to you as appropriate.

  23. Variation

  24. We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

  25. Assignment

  26. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

    You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

  27. Severability

  28. If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  29. Exclusion of third party rights

  30. These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

  31. Entire agreement

  32. These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

  33. Law and jurisdiction

  34. These terms of use will be governed by and construed in accordance with Texas of United States law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of Texas of United States.

  35. Registrations and authorisations

  36. We are registered with the Texas state of United States our registration file number is 801640996. You can find the online version of the register at https://ourcpa.cpa.state.tx.us/coa/Index.html

  37. Our details

  38. The full name of our company is NKO Corporation.

    We are located at Austin, TX 78750, US

    You can contact us by email to webmaster@happiijobs.com

PART B: JOBSEEKERS

  1. Registering as a jobseeker

  2. In order to register free-of-charge or with charge as a jobseeker with our website, you will need to the following registration process by creating an account.

  3. Jobseeker warranties and undertakings

  4. By registering as a jobseeker, you warrant that all information you provide to us and to any registered employer, recruiter and partner via or in relation to our website including without limitation all information in your CV and profile is true, accurate, fair and complete, and you undertake to keep all such information up-to-date at all times.

    After registration, we provide each jobseeker with a login and password to enable the jobseeker to access restricted areas of our website. Jobseekers must ensure that their login and password details are kept confidential.

    Jobseekers must notify us in writing immediately if they become aware of any unauthorised use of their login or password details.

    Jobseekers are responsible for any activity on our website arising out of any failure to keep login details and passwords confidential, and may be held liable for any losses arising out of such a failure.

    A jobseeker must not use any other person's user ID and password to access our website, unless they have that person's express permission to do so.

  5. Jobseeker services

  6. Registered jobseekers may have access to additional website areas and features which we will determine in our sole discretion which may include:

    1. The facility to upload a CV and/or profile into our database, to enable registered employers, recruiters and advertisers to search for the CV/profile, assess whether the jobseeker may be suitable for a role, and contact the jobseeker where appropriate;
    2. The facility to limit the disclosure of confidential information to employers, recruiters and advertisers;
    3. A facility to enable the jobseeker to receive email alerts, any communication, newsletters, notice of competitions, and/or other email notifications from us.
  7. Your relationship with employers, recruiters and partners

  8. You acknowledge that we merely provide a facility to enable jobseekers and employers, recruiters and advertisers to get in touch and that we do not vet or monitor the registered employers, recruiters and advertisers who advertise or promote on our website, and you agree that you will not hold us liable, or seek to hold is liable, in relation to any loss, damage or expense that you suffer arising out of the actions of omissions of an employer, recruiter and partner subject to the first paragraph of Section 7 above.

  9. Cancelling your account etc.

  10. You may delete your jobseeker account using the website interface at any time.

    You acknowledge that the website services are provided free-of-charge or with charge, and that we may at any time, with or without notice or explanation, delete the jobseeker's account and/or discontinue the website and/or website services.

PART C: EMPLOYERS, RECRUITERS AND ADVERTISERS

  1. Registering as an employer, recruiter and partner

  2. In order to register as an employer, recruiter and partner with our website, you will need to the following account creation process.

    You will have the opportunity to identify and correct input errors prior to the account creation process.

    We will not file a copy of these terms of use specifically in relation to each registered employer, recruiter and partner and, if we update these terms of use, the version to which you originally agreed will no longer be available on our website. For this reason, we recommend that employers, recruiters and advertisers visit our website frequently to read these terms of use for future reference.

  3. Employer, Recruiter and Partner charges

  4. The charges payable by employers, recruiters and advertisers will be as set out on our website from time to time.

    All charges stated on the website may or not include any tax.

    You must pay to us the applicable charges in advance, in cleared funds, in accordance with the instructions on our website.

    We may vary charges from time to time by posting new charges on our website. However, such variations may not affect services that have already been paid for.

  5. Employer, Recruiter and Partner warranties and undertakings

    By registering as an employer, recruiter or partner, you warrant that all information you provide to us and to any jobseeker via or in relation to our website including without limitation all information in job advertisements is true, accurate, fair and complete, and you undertake to keep all such information up-to-date at all times.

    We provide each employer, recruiter and partner with a login and password to enable them to access restricted areas of our website. Employers, recruiters and advertisers must ensure that their login and password details are kept confidential.

    Employers, recruiters and advertisers must notify us in writing immediately if they become aware of any unauthorised use of their login or password details.

    Employers, recruiters and advertisers are responsible for any activity on our website arising out of any failure to keep login details and passwords confidential, and may be held liable for any losses arising out of such a failure.

    An Employer, recruiter or partner must not use any other person's user ID and password to access our website, unless they have that person's express permission to do so.

    Employers, recruiters and advertisers undertake to ensure that all job advertisements and other promotions that they submit to the website for publication are true, accurate, fair and complete advertisements for bona fide jobs.

    Employers, recruiters and advertisers must only use our database of jobseekers for the sole purpose of seeking candidates to fill bona fide jobs; and employers, recruiters and advertisers must treat the information in our database as confidential, and must not copy any information from the database or record or retain any information from the database or disclose to any third party any information from the database.

  6. Employers, Recruiter and Partners services

  7. Registered employers, recruiters and partners will have access to additional website areas and features which we will determine in our sole discretion which may include:

    1. The ability to post job or advertisements on our website;
    2. Access to our database of jobseekers, jobs and advertisements;
    3. Any other services specified on our website from time to time.
    4. These employers, recruiters and advertisers’ services may be accessed in such way, subject to such limitations and for such period, as may be specified on our website from time to time.
  8. Your relationship with jobseekers

  9. You acknowledge that we merely provide a facility to enable jobseekers and employers, recruiters and advertisers to get in touch and that we do not vet or monitor the registered jobseekers who use our website, and you agree that you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense that you suffer arising out of the actions or omissions of a jobseeker subject to the first paragraph of Section 7 above.

  10. Employer, Recruiter and Partner warranties

  11. We warrant to employers, recruiters and advertisers that we will try our best to perform the paid-for employers, recruiters and advertisers’ services with reasonable care and skill.

    We do not warrant that employers, recruiters and advertisers will receive any applications in relation to job advertisements; nor do we warrant that our jobseeker database will hold information regarding jobseekers that may be suitable for the positions that the employers, recruiters and advertisers requires to be filled.

  12. Cancelling your account

  13. You may request to delete your employers, recruiters and advertisers account.

    We may cancel your employer, recruiter and partner account in accordance with the provisions of Section 9.

    We may also cancel your employer, recruiter and partner account without cause and without written notice of cancellation.

    Save as specified in the preceding paragraph, employers, recruiters, advertisers and jobseekers will not be entitled to any payment from us on the cancellation of employers, recruiters, advertisers and jobseekers’ account or any service(s).

    Copyright © happiijobs of NKO Corporation. All Rights Reserved. This document, or any portion of, may not be copied or duplicated in any way without the written permission of NKO Corporation. www.happiijobs.com