1.1. Only persons who are eligible to form legally binding contracts and can lawfully hire or undertake any job, occupation or employment under the applicable laws and regulations can use the Application. Persons who are not competent to contract including persons who are minors under the applicable local law and un-discharged insolvents are not eligible to use the Application. By accessing/using the Application or the Services, you represent and warrant to Sonicjobs that you are competent to contract, and that you have the right, authority and capacity to agree to and abide by these Terms. If you are accessing/using the Application/Services on behalf of a company or any other legal entity, you represent and warrant that you have the authority to bind the said company or other legal entity and in which case the terms “you” or “your” in these Terms shall refer to such company or entity. If you do not have such authority, you must not accept the Terms and shall not use the Service. You also represent and warrant to the Sonicjobs that you will use the Application in a manner consistent with any and all applicable laws and regulations. Sonicjobs reserves the right to terminate your access to the Application if it is brought to its notice or if it is discovered that you are not competent to contract or for any reason whatsoever.
2. REGISTRATION AND COMMENCEMENT OF SERVICE:
2.1. To access the Application or avail the Service, you must register and create an account (“User Account”) on the Application by using either your Facebook, Google Connect log-in ID and password or other Email ID and password. We will not collect, store or save your Facebook or Google passwords. All email ID’s, as well as passwords outside of Facebook and Google, will be stored.
2.4. Sonicjobs reserves the absolute discretion to either allow you to create a User Account and/or availing any of the Services or not, without assigning any reasons for the same. Once you have signed in using either your Facebook or Google log-in ID and password or Email ID and password and provided all the required information, your User Account shall be successfully created and active.
2.5. Once activated, you can use your User Account to access the Application and the Service and the details provided by you in respect of your User Account (other than your password) will be open and accessible to other users of the Application and to the users of Sonicjobs’ mobile application called “Sonicjobs for Jobseekers” (hereinafter referred to as the “Job Seeker Application”). The Job Seeker Application is a mobile application that is similar to this Application where the registered users are job seekers who can through their user accounts on the Job Seeker Application view, apply for and accept job vacancies and job openings and view the details of registered users of this Application.
2.6. Your User Account will remain active until terminated in accordance to these Terms and in the event of such termination, your right to access or use the Service will automatically cease unless you reinstall the Application or reactivate your User Account.
2.7. By registering and creating a User Account with Sonicjobs, you declare and confirm that:
2.7.1. you have created the User Account for your own personal, non-commercial use and that the information you provide to Sonicjobs will be your details (and not that of any third person);
2.7.2. you will use the User Account only for yourself and will not use your User Account for the benefit of/detriment of any third party;
2.7.3. all details that you provide to Sonicjobs are true, complete and accurate and you further confirm that you will keep all such information current, complete and accurate at all times for as long as your User Account remains active. You can log in to your User Account to modify or update any of your details;
2.7.4. you will be responsible for safeguarding the security and confidentiality of your User Account and password; that you will not share, assign or transfer your User Account or reveal your password to any third party or do anything else that might jeopardize the security of your User Account; and that you will be solely responsible and liable for all actions/instructions initiated using your User Account except in case of any willful or negligent act on our part;
2.7.5. you will not create more than one User Account and if we disable your User Account for any reason whatsoever, you will not create another one without revealing the same to us and then again, only with our express permission.
2.7.6. If you become aware of any unauthorized use of your User Account or password, you must notify Sonicjobs immediately by e-mail addressed to firstname.lastname@example.org with the title “Account-Unauthorised Access”.
2.8. Sonicjobs may suspend or terminate your User Account at any time without notice, if we suspect that any information that you have provided is untrue, inaccurate, not current, or incomplete or if you are found to be in breach of any of these Terms.
3. LICENSE AND LIMITATION:
3.1. On registration and activation of your User Account, Sonicjobs grants you a non-exclusive, personal, limited, non-transferable, revocable, worldwide licence to access and use the Application in the form made accessible and/or provided to you by Sonicjobs subsisting for as long as you have a valid User Account on the Application.
3.2. Sonicjobs merely provides an internet enabled electronic platform that facilitates communication through the Application between the users of the Application and the users of the Job Seeker Application for the purposes of advertising and distributing information pertaining to job vacancies and services and to interact with users of the Job Seeker Application in this regard. Sonicjobs is not, and cannot be a party to or control in any manner any transaction between you and other users of the Application or users of the Job Seeker Application. All commercial/contractual terms are offered by and agreed to between you and the users of the Job Seeker Application alone. Sonicjobs does not screen, censor, control or supervise the actions of user(s) of the Application or users of the Job Seeker Application and therefore, shall not be responsible or liable for any transactions, interactions, conduct or communications between you and other user(s) (whether of this Application or of the Job Seeker Application) through the Application or otherwise. You shall be solely responsible for your communications with other user(s) of this Application and of the Job Seeker Application.
3.3. Sonicjobs is not involved in the actual communications and transaction between users of the Application or the Job Seeker Application or of the Service. As a result, Sonicjobs has no control over the accuracy, reliability, completeness, or timeliness of the profiles submitted on the Application or the Job Seeker Application and makes no representations or warrants about any user profile on the Application or the Job Seeker Application.
3.4. Further, users’ interactions with organizations and/or individuals found on or through the Application, the Job Seeker Application or Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between such users. You should make whatever investigation you feel necessary or appropriate before proceeding with any offline or online transaction with any user of this Application, the Job Seeker Application or the Service. Sonicjobs shall not be liable for the behavior or statements of a user (whether of this Application or of the Job Seeker Application).
3.5. Subject to these Terms, Sonicjobs authorizes you, to copy, download and print the content available on or from the Application solely for your personal, non-commercial use. The contents of Application such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and any other content, are protected under both UK and foreign copyright, trademark and other laws and is the exclusive property of Sonicjobs or its licensors. Unauthorized use of the Application may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademarks, service mark and other proprietary notices contained in the Application on any authorized copy you make and you shall not sell or modify the same or reproduce, display, publicly perform, distribute, or otherwise use the same in any way for any public or commercial purpose, in connection with products or services that are not those of Sonicjobs or in any other manner that is likely to cause confusion among users or that otherwise infringes Sonicjobs’ intellectual property rights.
4. YOUR OBLIGATIONS:
4.1. In consideration of the license granted to you, you hereby agree that you shall:
4.1.1. maintain a professional and productive relationship with the other users of the Application and the Job Seeker Application;
4.1.2. in the course of accessing/using the Services, observe and comply with all instructions and directions as may be communicated to you by Sonicjobs from time to time;
4.1.3. be solely responsible for your interactions with other users of the Application and the Job Seeker Application. In this regard, Sonicjobs reserves the right, but does not have the obligation, to monitor your interactions or communications exchanged with other users of the Application, the Job Seeker Application or Service and may, prohibit you from contacting other users (whether of this Application or of the Job Seeker Application) through the Application or otherwise limit your use of the Service, if Sonicjobs determines (in its sole discretion) that your conduct is unbecoming or that you are in violation of any of these Terms;
4.1.4. promptly answer any questions or queries raised by Sonicjobs or other users (whether of this Application or of the Job Seeker Application), update your User Account details;
4.1.5. amicably resolve / settle any conflict between yourself and other users(s) of the Application, the Job Seeker Application or Service, whenever required. Sonicjobs reserves the right, but has no obligation, to monitor disputes between you and other users of the Application, the Job Seeker Application or Service;
4.1.6. respond to all emails or notifications from Sonicjobs promptly;
4.1.7. access or use the Service and the Application only in compliance with all applicable laws, rules or regulations;
4.1.8. report to Sonicjobs in the event you become aware of any disorderly, harassing or unprofessional behaviour/conduct by any user of the Application, the Job Seeker Application or Service;
4.1.9. not use the Application or Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or that violates any third party’s rights of privacy/publicity or infringes or violates the intellectual property rights of any third party;
4.1.10. not use the Service or the Application, to store or transmit viruses, worms, time bombs, Trojan horses and/or any other harmful or malicious code, files, scripts, agents or programs;
4.1.11. not use the Service or the Application to send any unsolicited commercial communication or unauthorized advertising, junk mail, or spam;
4.1.12. not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
4.1.13. not collect, store or use personal data about other users of the Application, the Job Seeker Application or the Service other than in connection with your permitted use of the Service;
4.1.14. obtain all licences and permits which are necessary for posting and uploading a job listing or offer on the Application. You indemnify and agree to keep Sonicjobs indemnified against all demands, claims and damages which may arise out of the said job posting or listing; 4.1.15. be solely responsible for all information retrieved, stored and transmitted through the Application;
4.1.16. not use the Application for any other purpose, including engaging or providing services same or similar to the Services for the benefit of any third party;
4.1.17. be solely responsible for protecting the information on your device including but not limited to installing appropriate anti-virus software etc;
4.1.18. assume all risks associated with dealing with other users of the Application, the Job Seeker Application or the Service with whom you come in contact through the Application; and
4.1.19. not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. 4.1.20. You shall not use the Application or Service in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy any information:
126.96.36.199. in violation of any applicable law or regulation;
188.8.131.52. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
184.108.40.206. harm minors in any way;
220.127.116.11. deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature;
18.104.22.168. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Application or the Services;
22.214.171.124. threatens the unity, integrity, defense, security or sovereignty of any nation, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any nation;
126.96.36.199. to gain unauthorized access or exceeds the scope of authorized access to the Application or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
188.8.131.52. interferes with another user’s use and enjoyment of the Application or the Job Seeker Application.
4.2. You shall not use any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or the Job Seeker Application, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Application or the Job Seeker Application.
4.3. You shall not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Application or the Job Seeker Application.
5. EMPLOYER SUBSCRIPTION AND CONNECTIONS
5.1. As a User, the Sonicjobs for Employers Application will allow you to pick from a number of subscription sets for Premium use of the Sonicjobs for Employers Application, from time to time. Fees for the subscription period will commence on the day of the month when your subscription commenced. Payment will be made via an in-app purchase and charged to your iTunes or Google Play Account at confirmation of purchase.
5.2. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the period. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your payment must be valid at the beginning of each subscription period. Unless otherwise consented to by Sonicjobs, all listings, features and other prepaid Services shall lapse upon termination or expiry of any subscription.
5.3. Subscriptions may be managed and auto-renewal may be turned off by going to your Apple iTunes or Google Play Account Settings after purchase. You may cancel your subscription at any time. You are responsible for payment for the remainder of the subscription period when you cancel during the subscription period. We do not provide refunds or credits for any partial-subscription periods or unused content, unless we determine, in our sole judgment, that unusual circumstances require a refund.
5.3.1. To cancel your subscriptions using Apple ID: i) go to the App Store on your iOS device; ii) scroll down to the bottom; iii) tap Apple ID (your Apple ID email); iv) tap view Apple ID; v) log in if asks you to; vi) scroll down to Subscriptions and tap Manage; vii) select Sonicjobs and set the auto-renewal slider to Off or select Unsubscribe. If the option to turn off the auto-renewal is not displayed here, you may already have chosen to turn it off, cancelling future charges. If that’s the case, you should be able to see the end date of your subscription on this screen.
5.3.2. To cancel your subscriptions on your Android device: i) open the Google Play Store app; ii) search for Sonicjobs for Employers and select the Application in your search results; iii) select Cancel or Unsubscribe; iv) Confirm
5.3.3. After cancelling your subscription, you will be able to use Sonicjobs for Employers Premium subscription for the remaining days that you have already paid for. When your subscription expires, it will not be renewed. Cancelling your subscription will not retroactively refund subscription payments, and previously charged subscription fees cannot be prorated based on your cancellation date. Deleting or deactivating the app and / or your account does not cancel your subscription.
5.4. Depending on the circumstances, we might offer you trial subscription, in the form of either a free trial or a discounted promotional trial (collectively, a “Promotional Trial”). Any unused portion of the Promotional trial period, if offered, will be forfeited when the user purchases a Premium subscription to the Application, where applicable.
5.5. We reserve the right to refuse to provide, suspend or discontinue the Services or close your Account, in whole or in part, at any time for any reason, including convenience, immediately and without notice. If we terminate your subscription or account for your breach of this Agreement, without limiting our rights and remedies, you acknowledge and agree that you shall not be entitled to any refunds or credits for any partial subscription periods and that we may immediately terminate your access to the Application.
5.6. You can also purchase connections (“Sonicjobs Connections”) using any payment method made available to you by Sonicjobs from time to time. The Sonicjobs Connection that you purchase will be applied to your User account (and sub-accounts) at the time of purchase. Sonicjobs Connections do not have an expiration date. You will be able to use Connections for selected Services only.
6. PAYMENT TERMS
6.1. Use of the Application upon expiration of the trial phase and/or access to a Premium subscription will be subject to a charge.
6.2. If there is a charge associated with your use of the Application or a portion of the Services, you agree to pay that charge in the specified currency. Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a debit or credit card.
6.3. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. By providing Sonicjobs with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Sonicjobs to charge you for the Services using your payment method; and (iii) authorize Sonicjobs to charge you for any paid feature of the Services that you choose to sign up for or use. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services.
6.4. When you purchase the Services on a subscription basis (e.g., 1 week, 1 month, 1 quarter (as applicable)), you acknowledge and agree that you are authorizing recurring payments at the, and payments shall be made to Sonicjobs by the method you have chosen at the recurring intervals you have agreed to. By authorizing recurring payments, you are authorizing Sonicjobs to process such payments as either in-app purchases, electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Sonicjobs or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
6.5. We may suspend or cancel the Services if we do not receive an on-time, full payment from you for all charges. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and the Service, including subscription Services and User Content.
6.6. All prices are inclusive of VAT (unless specified on the Application) and subject to change at any time.
6.7. If any amount due remains unpaid, we may suspend or terminate your Account, charge damages, additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate being the greater of (i) 8% per annum and (ii) the rate for the time being for a qualifying debt.
7.1. Except as provided by law, all purchased Services, including subscriptions, are final. If you are unhappy with the Sonicjobs service for any reason, you must contact Sonicjobs within 30 days of such charge at email@example.com and will be entitled to a refund. If you believe that Sonicjobs has charged you in error, you must contact Sonicjobs within 30 days of such charge at firstname.lastname@example.org. No refunds will be given for any