Terms & Conditions
Effective from 22nd January, 2015
Information About Us
The Site and its services are operated by Score and Archer Consulting Limited (“we”, “our” or “us”). We are registered in Nigeria with company registration number RC 893324.
You can contact us using the following email address: firstname.lastname@example.org
‘WorkBerry’; ‘we’; ‘us’; and ‘our’; means WorkBerry and Score and Archer Consulting.
‘Candidate’; ‘You’ and ‘Your’ means any person registering with us or purchasing any of our services to assist with your job search and career.
‘Recruiter’; ‘Employer’ ‘You’ and ‘Your’ means any person, company, organisation or firm which purchases services from us to assist your recruitment and staffing needs.
This web site is owned and operated by Score and Archer Consulting Ltd and is made available to you on the following terms and conditions. By using the site and the services available on it you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS & CONDITIONS, PLEASE DO NOT REGISTER OR USE THIS WEBSITE.
The information and services available on the site are provided for the sole purpose of individuals looking for employment opportunities and career information and for employers seeking to recruit staff. You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any copyrighted material from the site. All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to WorkBerry or its third party suppliers. Use of the site does not give you any proprietary rights in such materials.
WorkBerry will permit the Candidate and Recruiters / Employers to access, use and interact with our site subject to these terms and conditions. Any party using this service for any purpose other than those specifically stated in these Terms and Conditions shall immediately be banned from using this site.
Candidates and Recruiters need to be aware that WorkBerry does not introduce or supply Candidates to Recruiters (or vice versa). It is recommended that, if you are a Candidate to ensure your suitability for the role advertised or, if you are a Recruiter, to ensure a work-seeker’s suitability for the role.
We try to ensure continuous availability of the site and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. All liability of WorkBerry, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website and/or the Services is excluded, insofar as it is possible to do so in law. We may, additionally, alter the design and specification of the site at any time.
You agree that you shall not use the Website or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, untrue, in breach of confidence, in breach of any intellectual property right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm WorkBerry’s computer systems or any third party computer system.
Save to the extent possible by law WorkBerry does not warrant that our Website or services will operate without error or that the site or services are free from infection by viruses or anything else which has contaminating or destructive properties and WorkBerry shall have no liablity in respect thereof.
Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Website and/or the Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Website, the Services and/or in any directory or other listings or information retrieval service made available on or by the Website and/or the Services has been so made available for guidance only. In addition, WorkBerry makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. Your use of such information and/or data is therefore entirely at your own risk. All liability of WorkBerry, its parent company, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Website and/or the Services is expressly excluded to the fullest extent permitted by law.
Our website contains links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by WorkBerry of the contents on such third-party Web sites. WorkBerry is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk FURTHERMORE you acknowledge that WorkBerry is not responsible for third party content on the Website and that WorkBerry cannot ensure that material presented on the Internet is legal. WorkBerry will not limit access to material unless notified that it is illegal. In particular, you acknowledge that WorkBerry is not responsible for and does not monitor the content of job postings provided by third parties on the Website. However, WorkBerry shall have the right to remove any postings, materials or other items on the Website which it believes may be illegal or which it determines to be inappropriate.
You agree to defend, indemnify, and hold harmless WorkBerry, its parent company, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to this website, (ii) Your use of any WorkBerry Content, or (iii) Your breach of these Terms. WorkBerry shall provide notice to You promptly of any such claim, suit, or proceeding.
These Terms will remain in full force and effect while You are a User of the WorkBerry website. WorkBerry reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the WorkBerry site and immediate termination of Your registration with, or ability to access the WorkBerry sites and/or any other services provided to You by WorkBerry, upon any breach by You of these Terms or if WorkBerry is unable to verify or authenticate any information You submit to a WorkBerry registration. Even after You are no longer a User of the WorkBerry Site, certain provisions of these Terms will remain in effect. WorkBerry may terminate, suspend or deny you access to the Website and/or Services immediately for any reason without incurring any liability whatsoever to you.
Where you are asked to complete a registration form the personal details that you provide must be true, accurate and complete. You agree to notify us of any changes which are relevant to your registration.
This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without WorkBerry’s prior written consent.
WorkBerry reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as WorkBerry, Score and Archer Consulting Limited or any other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Website.
Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
If any provision of this Agreement or part thereof is determined to be invalid, unlawful or unenforceable, such provision, or part thereof, shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
This Agreement constitutes the entire agreement between the parties in respect of its subject matter notwithstanding that WorkBerry reserves the right to vary this Agreement from time to time (including the services offered by WorkBerry). Such changes shall either be notified to you by e-mail or posted on the home pages of the Website. Changes in this manner shall be deemed to have been accepted if you continue to use the Website and/or the Services after a period of two weeks from the date of transmission of the e-mail or newsletter, or of posting on the home pages of the Website, whichever occurs later.
Any notices from us to you, or you to us, shall be sent by email, in your case, the last email address that you provided us, and in our case, our registered office, and shall be deemed to have been received one business days after the date of dispatch.
Disclosure: This site uses affiliate links. This website does contain affiliate links for products and services. That means that when you click on a link that we recommend, we may receive a commission. The compensation received may or may not influence the advertising content, topics or posts made on this site. That content, advertising space or post may not always be identified as paid or sponsored content. No content is provided for the sole purpose of receiving affiliate income. These affiliate links are provided as a convenience to You and not as an endorsement by WorkBerry of the contents on such web sites, as they are third-party Web sites. WorkBerry is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk FURTHERMORE you acknowledge that WorkBerry is not responsible for third party content on the Website and that WorkBerry cannot ensure that material presented on the Internet is legal.
Additional Terms for Candidates
- 1. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any CV or material contained therein placed by You on the WorkBerry site. You should be aware (subject to the contact details you provide) that you may be contacted directly by Recruiters by email, post or telephone.
- The Candidate is liable if they are contacted by the Recruiter without intervention from WorkBerry.
- CV Registration and Upload:
- We do not guarantee that by creating a candidate profile, uploading your cv on the site, or registering your cv that you will secure a job. This is simply a platform that will enhance your visibility to Recruiters and employers and enable you to apply to jobs.
- WorkBerry does not discriminate against anyone registered to or using the WorkBerry website. We try to ensure that all possible measures are taken to prevent any vacancies advertised or searches do not discriminate against age, disabilities, gender, race or tribe. The search tools in place on the site do not have the functionality to exclude any Candidates with disabilities. It is down to the users themselves to ensure they comply with discrimination laws.
5. Services and information provided on the site by us and our third party suppliers are intended to assist in the job seeking or recruitment process. Neither we nor our third party suppliers can guarantee their suitability or prospects of success in any particular case. You should obtain independent verification before relying on information provided on the site in circumstances which may result in loss or damage.
6. You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your account or Your account is terminated, all Your account information from WorkBerry, including CVs, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted and may be deleted from WorkBerry’s databases within a reasonable time period. Third parties may retain saved copies of Your Information.
7. WorkBerry reserves the right to delete Your account and all of Your Information after a significant duration of inactivity or in the event that any of our terms have been breached by you.
8. By registering your CV on WorkBerry you agree that we may also store and show your CV and profile details, to recruiters, on any other job board owned directly by Score and Archer Consulting.
9. The Candidate acknowledges that we are not responsible for the content of any job vacancy advertising and that accordingly it is a matter for the candidate to satisfy himself/herself as to the suitability of the job vacancy and the identity of the advertiser/recruiter.
Additional Terms for Recruiters
- On receipt by us of your submitted information via our on-line form, email, telephone agreement or signed service agreement, you will be deemed to have accepted all of these terms and conditions, and will be granted access (subject to receiving payment) to our database in accordance with these terms and conditions. You also agree that all of the information you supply to us is correct, truthful and complete. You agree to inform us by email, telephone or post of any changes to any of the information supplied by you to us. We reserve the right to terminate this agreement in the event that any of the information provided by you to us, is no longer current or accurate or in the event you are in breach of these Terms & Conditions.
- 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 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.
- You acknowledge and accept that all rights to information provided by third parties are reserved by those third parties, and that such information may not be used in any way that infringes any proprietary interests of those third parties. You agree not to disclose any information provided by the Candidates to any third parties, or those not directly related to the recruitment process of the individual(s) in question.
- Any personal details which you provide to us from which we can identify you are held in accordance with our Data Protection Registration. You agree that you do not object to us using this information to contact you for the purpose of improving our service to you, requesting payment(s), discussing account status, and you confirm that you do not consider any of the above as a breach of any of your.
- Downloading our CV database, wholly or in part, for any reason other than recruiting for a current vacancy is strictly forbidden and will result in immediate cancellation of your account, without refund. Downloading using any software other than a browser is also strictly forbidden and will result in immediate cancellation of your account, without refund. Legal action may be taken against you.
- Contacting Candidates via email or other means, for any reason other than recruitment, is strictly forbidden.
- You agree not to put excessive load on our servers.
- You shall use the WorkBerry CV database as provided in these Terms and Conditions and in any contract You have with WorkBerry. You shall use the WorkBerry site in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from WorkBerry CV Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the CV explicitly for employment purposes.
- You agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring WorkBerry into disrepute. You will indemnify us from and against any claim brought by an individual against WorkBerry arising from your breach of this obligation or any other of these terms and conditions.
- We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that Candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
- We have rules regarding the content and format of jobs posted on WorkBerry. Their purpose is to ensure that users who search the site or the WorkBerry database get results which are presented as clearly and informatively as possible. You agree that we may, at our discretion and without liability to you, remove from WorkBerry any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.
- The job posted must exist in the town advertised
- The job posted must exist.
- The job title should be specific and be the best description for the role. It must not include salaries and should not be a slogan.
- The description of the role should mention the required skills as well as details describing the role. Contact names should not be mentioned in the job description.
- You agree not to advertise jobs which give offers for training in which the candidate will be charged. Training courses must be advertised separately within our training section.
- Advertisements which discriminate (or appear to discriminate) on grounds of sex, race, age or disability are indecent and illegal and we do not publish them on the WorkBerry site. Advertisements are accepted by WorkBerry on the basis that the advertiser confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if we nonetheless believe that an advertisement may be discriminatory we may at our discretion either amend the advertisement or remove it from WorkBerry without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.
- The vacancy should accurately describe the role and not mislead the Candidate; sufficient detail should be included in order for the Candidate to understand the nature of the role and the basic requirements of the role.
- Your job posting(s) can be distributed to and displayed across our network of partner sites. Your job posting(s) can be excluded from selected/all partner sites upon request by contacting our sales team. The following cannot be guaranteed:
- your job posting(s) will appear on our entire network
- the job posting(s) will appear on specific partner sites
- the ranking/positioning of your job(s) on any of our partner sites
- 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 WorkBerry into disrepute. You will indemnify WorkBerry from and against any claim brought by an individual against WorkBerry arising from your breach of this obligation or any other of these terms and conditions.
- All information provided to you by us is confidential you will not disclose your username and/or password to any persons outside of your organisation. If disclosure occurs we reserve the right to terminate this agreement immediately and seek compensation. 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. You agree to notify us as soon as reasonably possible in the event that your password is, or may be, known to any person(s) other than those within your organisation. Upon notification of such an event, we will render such password inoperable, and will issue a new password by a mutually agreed method (telephone or email or post).
- We shall not be liable for any losses, damages or claims which result directly or indirectly from any person obtaining any passwords that we have issued you.
- WorkBerry acts as an agent, and is not responsible for the content of job adverts from different employers/agencies. If you have an issue with a job advert that is not your own, you should deal with this directly and not through WorkBerry.
- Payment Terms:
- You agree to pay the entire fee (in US Dollars, or Naira or any agreed local currency) of your account prior to the commencement of the service (unless an alternative payment structure is agreed in writing). You agree that payments will be made by cheque, credit/debit card, PayPal or bank transfer. You acknowledge and agree that in the event of failure by you, or the person with whom responsibility lies for payment of such transactions, that we may terminate your account and cancel this agreement immediately. We may also pursue payment in a court of law.
- You agree that we may alter our rates within 14 days of notifying you of such changes, although any changes will not come into effect until the end of your Fixed Term. If you do not wish to continue this agreement with the altered rates, you may terminate the agreement at the end of your Fixed Term.
- Refunds cannot be provided if the Candidate is not of the desired age, sex, race, or nationality, as these criteria contradict our equal opportunities policy, and common decency.
- The terms and conditions of this agreement will continue unless terminated by you or us, by notice in accordance with this section.