the Jobbio hosted website which is a dedicated recruitment portal hosted on behalf of the Company; and

Talent

a Talent who registers on the Jobbio site, through the Jobbio site itself or through a client site;

Talent CV / Bio

the curriculum vitae, biography page or brief outline details of a Talent's education, training, skills and employment experience which is provided to Jobbio by a Talent for distribution to Companies with a view to securing employment.

3. Services Generally

3.1.  The Company is entirely responsible for creating its own Company Bio and uploading any Company Materials it requires on its own Company Bio.

3.2.  A Company can delete its Company Bio at any stage and is entirely responsible for updating and ensuring the accuracy of information that it uploads to its own Company Bio or for any advertisement or opportunity it posts to the Site. Jobbio does not accept liability for any consequences, howsoever arising, due to error or delay in provision of the Services and has the right at its sole discretion to decline to publish or omit, suspend or change the position of any advertisement, opportunity or Company Bio published on the Site.

3.3.  An advertisement, opportunity or otherwise which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race or age will not be accepted unless it is exempted from the requirements of the Employment Equality Act or the Equal Status Act.

3.4.  Jobbio shall be entitled at any time without notifying the Company to make changes to the Services, which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided.

4. Obligations of Jobbio

4.1.  Jobbio will use its reasonable endeavours to enable Talent to view the Company's opportunities on the Site and to provide the Services to the Company. However, the Company accepts that Jobbio cannot guarantee the functionality of the Site 100% of the time.

4.2.  In order to maximise the opportunities for the Company Jobbio shall be entitled, but not obliged, to market such opportunities on third party distribution and publishing websites, such as (purely for example purposes) LinkedIn, Glassdoor and Indeed.

5. Obligations of the Company

5.1. The Company hereby undertakes and warrants to Jobbio that:

(a)  it will use all reasonable precautions against access to the Site (or any website that is, or may become linked to any website) by any unauthorised persons, including but not limited to, the use of user names and passwords and the securing of information relating to communications between the Company's hardware and the rest of the Site;

(b)  it will comply with the provisions of the Data Protection Acts 1988 and 2003 (the “Acts”) and from 25 May 2018 the General Data Protection Regulation

("GDPR")and ePrivacy Regulations 2011 (and any related or updated legislation applicable) or relevant legislation with regard to any Talent information received by it and in particular to keep such information confidential;

(c) in relation to any opportunity or advertisement the Company is a principal notwithstanding that the Company may be acting directly or indirectly for a third party;

(d)  the publication of the opportunity or advertisement through the Site by Jobbio as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render Jobbio liable to any proceedings whatsoever and the Company indemnifies Jobbio against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by Jobbio as a result of this undertaking and warranty being incorrect;

(e)  any information supplied by the Company in connection with the provision of the Services is accurate, complete and true;

(f)  in respect of any advertisement which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Company has obtained the authority of such living person to make use of such name, representation and/or copy to permit Jobbio to perform its obligations and exercise its rights set out in these Conditions;

(g)  each advertisement and all content posted to the Site or use of the Site by the Company is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate.

5.2.  The Company acknowledges that it does not own or have any interested in any proprietary rights in respect of the Site, or any Talent Bio or CV or other information submitted by any Talent.

5.3.  The Company shall indemnify Jobbio against any claim made by a third party alleging breach of intellectual property rights or other misuse in respect of material or data supplied to the Company.

5.4.  The Company shall obtain from the Talent, as much information about the Talent's qualifications and experience, as is necessary for determining whether the Talent is suitable for employment, and shall ascertain that the Talent has such qualifications as are required by law.

5.5.  The Company shall ensure that the Talent is fully aware of any conditions imposed by law, which must be satisfied by the Talent and that any employment resulting therefrom shall be legal.

5.6.  The Company shall:

(a)  not operate as or provide the services of a recruitment agent, agency or consultancy;

(b)  use all Talent CVs supplied for the sole purpose of attempting to provide or locate suitable employment on behalf of Talent;

(c)  keep confidential the Talent CVs and all other information supplied by the Talent to the Company or its employees or agents and shall only use such information for such agreed purpose if attempting to seek or provide employment opportunities for Talent with their express consent in respect of the Talent CVs;

(d)  obtain the express consent of a Talent prior to submitting his or her Talent CV or any details contained on his or her Bio to any person; and

(e)  not submit, copy, supply, re-sell, distribute or make available in any way any Talent CVs or other information received from Jobbio to any third party.

5.7. The Company confirms that Jobbio can publicise its use of the Site in campaigns and proposals to prospective customers and in advertising material generally.

6. Content and Ownership

6.1.  Jobbio may create content (such as by way of example only, text, images, video "Content") from time to time for use by the Company in the Company Bio. All intellectual property rights of whatever nature in such Content shall belong to Jobbio.

6.2.  In addition to its use in the Company Bio Jobbio may use Content on the Site, in its own blog or generally for the marketing and promotion of the Company's business.

7. Fees, Automatic Renewal and Payment

7.1.  The Fees payable shall be those prices set out on the Site or communicated to you directly by email from time to time. The Fees can be paid annually in advance or by monthly direct debit using your selected payment method.

7.2.  If you provide your credit, debit, PayPal or Direct Debit details to Jobbio, you hereby authorise Jobbio to bill such credit, debit, PayPal or Direct Debit account for the Fees.

7.3.  We will communicate with you regularly to give you details about the Services. At least 30 days prior to the anniversary of your subscription, we will send a notice to the email address identified in your account profile and let you know the renewal Fees and give you an opportunity to review your use of the Services.

7.4.  If you do not want to renew your subscription you must contact either your account manager or email us at subscriptions@jobbio.com before the renewal date. If you do not email us we will renew your subscription for a further year using the payment method set out in your account profile.

7.5.  Jobbio will provide invoices to each Company where a Company chooses to pay by invoice. Liability for payment arises from provision of the Services. Further, all items on the invoice are deemed to be payable and any errors or omissions must be communicated to Jobbio in time to be rectified before payment becomes due.

7.6.  If the Company fails to make any payment by the due time then all moneys owing by the Company to Jobbio shall immediately become due and payable and the provisions of clause 7.5 shall forthwith apply to such moneys. Late payment of fees may cause your account to be frozen temporarily until payments are rectified.

7.7.  Jobbio shall be entitled to charge and if it does, the Company agrees to pay to Jobbio in respect of each item of Services for which payment is not made by the due time, interest on the amount overdue at the rate of 4% per annum above Euribor on the due date for payment, and accruing from day to day (including the date on which payment was due).

7.8.  All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the Company shall be additionally liable.

7.9.  All Fees must be paid in advance of using the Jobbio Platform or Services.

8. Liability

8.1.  Jobbio is merely a conduit to facilitate the introduction of Companies to Talent. Jobbio does not verify or guarantee any Talent's details whether forwarded to the Company via Jobbio or otherwise. Jobbio accepts no responsibility as to the suitability of Talent who respond to advertisements or Services.

8.2.  The Company shall satisfy itself as to the suitability of any Talent and shall take up any reference provided by the Talent before engaging any such Talent.

8.3.  The Company shall be responsible for obtaining work, or any other permits, for the arrangements of medical examinations and/or investigations into medical history of any Talent, and shall satisfy itself of any medical or other requirements or qualifications required by law.

8.4.  Jobbio does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, contracts, anticipated loss of savings, loss of goodwill, use or opportunity, wasted management or office time) howsoever resulting from the Company's use of (or inability to use) this Site, or resulting from the use of this Site, any websites linked to it or any materials posted on it. This does not affect Jobbio’s liability for any matter which cannot be excluded or limited under applicable law.

8.5.  Jobbio makes no warranty that this Site (or any website that is, or may become linked to this website) is free from computer viruses, "cookies", or any other malicious or impairing computer programs and/or that the Site shall operate uninterrupted and error-free. However, we do use all commercially reasonable efforts based on currently available technology to be virus free.

8.6.  Jobbio does not accept liability, of any description, however arising, for any loss or damage caused to the Company, or any other third party, arising from any virus or other impairing computer program contained in any Talent CV or information submitted by any Talent.

8.7.  Jobbio does not accept liability for any loss of copy, artwork, photographs, data or other materials that the Company supplies to Jobbio and the Company shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require.

8.8.  The material displayed on our Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Jobbio, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

9. Indemnity

9.1. You shall defend, indemnify and hold harmless Jobbio against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use (including that of any of your employees, agents or contractors) of the Services (including without limitation any claim arising from any incomplete, inaccurate, incorrect or otherwise defective Talent Bio or CV).

10. Governing Law and Jurisdiction

10.1. These Conditions shall be governed by, and construed in accordance with, the laws of Ireland and each party irrevocably submits to the exclusive jurisdiction of the courts of Ireland.

11. Miscellaneous

11.1.  Clicking on the confirm, publish or agree button, or continued use of this Site, constitutes an acceptance of these Conditions and the General Terms with Jobbio to the exclusion of any other terms and conditions.

11.2.  If any provision of these Conditions is held to be void or unenforceable in whole or in part, these Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by Jobbio shall be effective except in relation to the matter in respect of which it was specifically given.

11.3.  Jobbio may amend the terms of these Conditions at any time by amending this page. The Company is expected to check this page from time to time to take notice of any changes Jobbio has made, as they are binding.