Terms & Conditions

Section 1 - Overview

These Terms of Business apply to our employer clients (“you”) who provide approval for their company profile to feature on our website www.jobsearch.im (the “Website”). They form a legally binding contract between Jobsearch Limited, a company incorporated in the Isle of Man with company number 137139C (“we” or “us”) and you. By registering for a profile on the Website, and by accessing the Website, you are deemed to accept these Terms of Business and to be bound by them.

Jobsearch Limited provides tools to connect Employers and Job Seekers but does not independently perform recruitment activities, make employment decisions, or supply workers.

Section 2 – Definitions and Interpretation

2.1 Definitions

In these Terms of Business, the following capitalised terms listed in bold have the meanings set out alongside them:

• ‍Fees means the monthly subscription fees that you pay to us in order to use the Website, as more particularly set out in Section 7.‍
• Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
• ‍Services means the services offered on the Website, including but not limited to: (i) the ability for employers to create a company profile and advertise job opportunities; (ii) the ability for candidates to search for job vacancies; and (iii) the ability for candidates to click directly to employers’ application processes.‍
• User Content means all content uploaded to the Website by you, including but not limited to your employer profile; images and logos; job opportunities; events you are hosting and insights content (i.e., content that we have curated from the information you have uploaded to the Website, in order to assist in promoting your business).

2.2 Interpretation

Any reference in these terms of business to the words “include” or “including”, or to the phrase “in particular” are non-exhaustive, without limitation and are illustrative only.

Section 3 - Changes to these Terms of Business

3.1 We may change these Terms of Business at any time. If we do so, we will provide an update on the Website.

3.2 It is your responsibility to check the Website for the most current version of these Terms of Business. Your continued use of the Website following an alteration to the Terms of Business shall constitute your acceptance of such alteration.

Section 4 – Website Overview

4.1 The Website is a digital platform that aggregates live job listings from Isle of Man employers to make the job market more transparent and accessible to job seekers. It offers the comprehensive reach of a job board and access to tailored marketing campaigns to funnel quality applicants directly towards company careers pages and application processes. It is available to individuals searching for job openings and to individuals/organisations who are advertising job roles.

4.2 The Website has an easy-to-use, intuitive interface which allows employers to either build their own bespoke profile page and advertise their job roles, or collaborate with us to create a bespoke profile that meets their requirements, whilst allowing candidates to quickly search and filter job opportunities depending upon the criteria they are looking for.

Section 5 – Website Registration Process

5.1 To create a company profile on the Website, you can follow the unique URL sent to you by a member of our team. You must be at least 18 years of age to create a profile, and you hereby warrant and represent that you are at least 18 years of age.

5.2 Following the link referred to in clause 5.1 above will take you to our profile creation portal. This is a simple walk-through process which enables you to input all of the critical information about your business including key contact names, details of the industry that your business operates in, details of the working models that you offer (on-site, hybrid, remote etc.), details of the roles you are looking to fill and details of the perks and benefits that you offer to candidates. You also have the opportunity to provide us with a short summary of your business and what sets it apart from your competitors, followed by a more detailed company summary in which you can set out further background about your business, its culture and reasons why a candidate should apply for a role with you. Lastly, you also have the opportunity to explain your hiring process (for example how many rounds of interviews you normally conduct, whether you require references, etc.)

5.3 Once you have completed the profile creation process, your profile will be activated and any changes to your careers and job pages on your own website will be mirrored on the Website. Please refer to clause 6 for further details of this process.

5.4 If you are creating a profile on behalf of an organisation, you hereby represent and warrant that you have the authority to do so and that you have authority to bind the organisation.

Section 6 – Uploading User Content and Creating Profiles and Job Listings

User Content

6.1 You should read this section 6 carefully before you upload any User Content to the Website.

6.2 By uploading User Content to the Website, you hereby:

• Grant us a worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable licence to: (i) publish the User Content on the Website; (ii) modify, adapt and display the User Content on the Website in such manner as we think fit; (iii) use the User Content fully or partially for promotional reasons; and (iv) to distribute and redistribute the User Content to other parties, websites, applications, and other entities (provided such User Content is attributed to you), in each case without any permissions being required from any third party, in each case strictly in connection with our services.
• Represent and warrant that you hold all necessary Intellectual Property Rights in the User Content; you have the right to enter into these Terms of Business and that you have taken all necessary steps to authorise your acceptance of these Terms of Business; you do not require the permission or consent of any third party to provide us with the User Content or to be bound by these Terms of Business; the User Content does not infringe the Intellectual Property Rights of any third party; the User Content and your use of the Website does not breach any legal provisions in any jurisdiction applicable to you; you will report any infringements of Intellectual Property Rights to us by email to privacy@jobsearch.im as soon as reasonably practicable after you become aware of such infringements; you will not use the Website for any illegal or immoral purpose; if you are an individual, you are not a minor in the jurisdiction in which you reside; and you will not access the Website by automated means (such as, for example, through a bot).

6.3 The licence granted pursuant to clause 6.2.1 above will endure for so long as your User Content is accessible on the Website and shall immediately terminate if the User Content is removed from the Website.

6.4 Notwithstanding the other provisions of this clause 6, we acknowledge that you retain full rights to the User Content that existed prior to you uploading the User Content to the Website.

6.5 Whilst we take reasonable measures to ensure that users and visitors to the Website do not make unauthorised copies of the User Content, and whilst we will take steps to stop any unauthorised use of your User Content by other users if we become aware of the same, we do not make any representation or warranty that users or visitors to the Website will not make copies of the User Content and we accept no liability to you in the event that such users or visitors use the User Content in a manner which infringes your Intellectual Property Rights.

6.6 We accept no liability to you in relation to the User Content that you submit to us. In particular, but without limitation, we shall not be responsible for any inaccuracies, errors, omissions or misrepresentations in the User Content. It is your responsibility to carefully check the User Content as it appears on the Website and to notify us of any errors, inaccuracies etc. so that we can take steps to correct the problem. Notwithstanding the foregoing, we reserve the right (but do not assume any obligation) to correct any obvious errors where necessary.

6.7 We reserve the right, in our absolute discretion and without giving any reason, to:

• Edit, change or amend any User Content on the Website;
• Refuse to publish any User Content on the Website;
• Remove from the Website any User Content or any profile which we consider to be improper, inappropriate or offensive.

6.8 You agree not to upload any User Content which is libellous, defamatory, pornographic, obscene, abusive, profane or offensive. If we reasonably believe that any User Content infringes this clause, we will remove it from the Website.

6.9 You are solely responsible for ensuring that the User Content remains up-to-date, complete and current at all times. We do not accept any liability to you or to any other person for User Content which is inaccurate or incomplete in any respect.

Section 7 – Fees and Charges

7.1 Although our current fee options are (1) £1,000 per calendar month for our basic package and (2) £2,000 per month for our enterprise package, it is likely we will offer a period of free trials to new and existing customers where our services are free of charge. You may be required to purchase or pay a monthly or annual fee to access some of our services. You agree to provide current, complete, and accurate purchase and profile information for all purchases made to use our services. We will bill you through an online billing account for purchases made via the Site.

7.2 You can cancel your subscription any time by contacting us using the contact information in Section 11. Your cancellation will take effect at the end of the current paid term.

Section 8 - Intellectual Property Rights Indemnity and Release

The Website and the content thereof (including the source code, databases, functionality, design, text, photographs and graphics, but excluding the User Content) is our proprietary property and is protected by law. Except with our prior express written permission, you may not copy, reproduce, distribute, sell, decompile, publish or otherwise exploit the Website or its contents for any purpose. You hereby agree to indemnify us (and each of our directors, officers, employees, agents and representatives) for any loss we suffer as a result of your breach of this clause.

Section 9 - General Release and Indemnity

9.1 Employers and Job Seekers are solely responsible for their interactions and any agreements formed through the platform. Jobsearch.im provides its tools 'as-is' and does not participate in employment negotiations or decision-making.

9.2 Whilst we will take all reasonable measures to ensure that the Website functions correctly, we do not warrant or guarantee that your access to and use of the Website will be uninterrupted or error-free. Whilst we will post details on the Website of any upcoming scheduled maintenance or ‘down time’ which will or may affect your access to the Website, it is possible that the Website may be subject to unanticipated periods of disruption or restricted access which are beyond our reasonable control. We do not accept any liability for, and you hereby release us (and each of our directors, officers, employees, agents and representatives) from any claims, losses, expenses, damages, and costs that you suffer as a result of any interruptions to your use of the Website.

9.3 We recommend that you retain back-up copies of any User Content that you upload to the Website. You hereby agree to release and hold us (and each of our directors, officers, employees, agents and representatives) harmless from any loss or damage that you suffer as a result of loss of User Content from the Website.

9.4 You hereby agree to indemnify and hold us (and each of our directors, officers, employees, agents and representatives) harmless from and against all claims, losses, expenses, damages, costs, and reasonable legal fees resulting from or arising out of: (i) your breach of these Terms of Business; (ii) any User Content that you post to the Website; (iii) your use of the Services (including by any person who accesses your profile using your password) and (iv) any violation by you of any third-party rights.

Section 10 - Limitation of Liability

10.1 Jobsearch.im acts solely as a technology platform and disclaims any liability for decisions, actions, or agreements made between Employers and Job Seekers. All relationships formed through the platform are exclusively between the parties involved.

10.2 We shall not be liable to you under any circumstances for any of the following:

• Any lost profits; indirect losses; special damages; consequential damages or punitive damages;
• The accuracy (or otherwise) of the User Content that you upload to the Website;
• The actions taken by any other user of the Website in response to your User Content.

10.3 Nothing in these Terms of Business shall exclude our liability for fraud.

Section 11 - Intellectual Property Rights Disputes

If you believe that any User Content posted on the Website infringes your Intellectual Property Rights (or the Intellectual Property Rights of any other person), please notify us immediately by email to: enquiries@jobsearch.im setting out, in reasonable detail, the nature of the alleged breach so that we may consider the matter further. We will take reasonable steps to investigate any alleged infringement and we will take such action as we deem appropriate in each case (which may include, without limitation, removing or temporarily suspending the infringing User Content).

Section 12 - Third Party Websites and Content

12.1 Please note that we have no control over, and we do not accept any responsibility or liability for, the availability of or content of information hosted on any external web links or resources posted on the Website either by you or by other users. In particular, we do not make any representation or warranty as to: (i) the identity of any individuals; (ii) the availability of any roles, or (ii) any salary benchmarks.

12.2 It is your responsibility to carry out such checks and due diligence as you consider reasonable before clicking on any links to external content. We do not endorse or verify any external web links, or the content contained therein, nor do we investigate, monitor or check such content for accuracy, appropriateness or completeness.

12.3 If you decide to access third-party content via a link on the Website, such access is at your own risk and is not subject to these Terms of Business. We recommend that you review the terms and conditions and privacy policy of any third-party website.

12.4 We will not be liable for any losses that you suffer as a result of your interaction with third-party websites or the content thereof, and you hereby agree to hold us harmless from any such losses.

Section 13 – Acceptable Use Policy

13.1 As a condition of accessing the Website you hereby agree that you will not:

• Reproduce, duplicate, copy, crawl, scrape, sell, rent, sub-license, trade or resell any content on the Website for any purpose; or
• Modify, reverse-engineer, deconstruct, adapt or translate any content on the Website.

13.2 You agree not to transmit, post, distribute, store or destroy any material (including User Content) in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information (such as the General Data Protection Regulation or ‘GDPR’), or in breach of our privacy policy.

13.3 You agree to not access the Website for malicious purposes including publishing, copying, storing, hosting, transmitting or distributing any harmful material (including viruses, malicious software, ransomware, and spyware).

13.4 You agree not to:

• Violate, or attempt to violate, the integrity or security of the Website (including attempting to test its vulnerability or to breach security or authentication measures); or
• Attempt to access the Website using another person’s profile; or
• Impersonate any other person on the Website; or
• Provide (or encourage the provision of) any false, misleading or fraudulent information on the Website.

Section 14 - Termination of these Terms of Business

14.1 Subject to clause 15.3 (force majeure), you may close your profile without notice at any time, without giving us a reason.

14.2 Subject to clause 15.3 (force majeure), we may close your profile without notice at any time, without giving you a reason.

14.3 We will close your profile without notice if any of the following events occur:

• You commit a material breach of these Terms of Business (including non-payment of fees); or
• If you are a corporate entity, you enter insolvent liquidation; administration or receivership.

14.4 If your profile is terminated under the foregoing provisions of this section, your profile will be removed from the Website, all User Content and job listings will be deleted and your right to use the Services will cease.

Section 15 – Miscellaneous

No partnership or agency

15.1 Nothing in these Terms of Business is intended to, nor shall it be deemed to: (i) establish any partnership or joint venture between the parties; (ii) constitute either party the agent of another party, or (iii) authorise any party to make or enter into any commitments for or on behalf of any other party.

15.2 Each party confirms it is acting on its own behalf and not for the benefit of any other person.

Force majeure

15.3 Neither party shall be liable for any delay or failure in the performance of its obligations for so long as and to the extent that such delay or failure results from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 30 days, the party not affected may terminate this agreement by giving not less than 7 days’ written notice to the affected party.

Severance

15.4 If any provision or part-provision of these Terms of Business is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms of Business.

Waiver

15.5 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

15.6 A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

15.7 Except as expressly provided in these Terms of Business, the rights and remedies provided under these Terms of Business are in addition to, and not exclusive of, any rights or remedies provided by law.

Assignment

15.8 You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust of, or deal in any other manner with any or all of your rights and obligations under these Terms of Business without our prior consent in writing.

No third party rights

15.9 These Terms of Business do not give rise to any rights under the Contracts (Rights of Third Parties) Act 2001 to enforce any term of these Terms of Business.

Entire agreement

15.10 These Terms of Business constitute the entire agreement between the parties and supersede and extinguish all previous and contemporaneous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Governing law and jurisdiction

15.11 These Terms of Business and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the Isle of Man.

15.12 Each party irrevocably agrees that the courts of the Isle of Man shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms of Business or their subject matter or formation.