Terms and Conditions
These Terms and Conditions govern your use of the CareersAndCareers’s websites www.careersandcareers.com ("CareersAndCareers Sites") and your relationship with CareersAndCareers ("CareersAndCareers", "we" or "us"). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms and Conditions, please do not use the CareersAndCareers Sites. If you have any questions on the Terms and Conditions, please contact feedback@careersandcareers.ie.
If you are seeking to instruct CareersAndCareers for the provision of recruitment services, our standard terms and conditions shall apply (copy available upon request).
Use of the CareersAndCareers Site
We operate the CareersAndCareers Jobsites to assist you in understanding CareersAndCareers’s services and in communicating with us.
The CareersAndCareers Jobsites is provided for your personal use subject to these Terms and Conditions. By accessing or using the CareersAndCareers Jobsites, you agree to be bound by these Terms and Conditions.

Registration
In order to access to receive Jobs by Email Alerts you must register on the CareersAndCareers Jobsites. If you register, you must ensure that the details provided by you on registration or at any time are correct and complete
If you register to use the CareersAndCareers Jobsites you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting feedback@careersandcareers.ie immediately.
If CareersAndCareers has reason to believe that there is likely to be a breach of security or misuse of the CareersAndCareers Jobsites, we may require you to change your password or we may suspend your account.

1. Definitions
1.1. In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:
Advertising Agency
A Client who in relation to the Services is receiving them on behalf of an End Client or is directly or indirectly providing the Services to an End Client;
Advertising Services
Lineage Advertisements, Semi-Display Advertisements, Display Advertisements, Skillword Sponsorship Banners, Jobs-by-Email Sponsorship and Application Forms;
Applicant
A Candidate who applies for a vacancy advertised on the Site;
Application Manager
The facility provided by CareersAndCareers Jobsite to enable the Client to manage applications by enabling the Client to view CVs and covering letters, grade and record notes about the Applicants;
Application Manager Services
The provision of the Application Manager;
Candidate
A person who uses the Site for the purpose of finding employment;
Client
The person(s) who purchase a job vacancy advertisement from CareersAndCareers Jobsite pursuant to the Online Vacancy Purchase Agreement;
Conditions
These Online Vacancy Purchase Terms and Conditions;
Contract
The contract for the supply of any Services by CareersAndCareers Jobsite to the Client comprising these Conditions and the Online Vacancy Purchase Agreement;
Direct Employer
A Client who in relation to the Services is receiving them for the purpose of their own recruitment needs and not on behalf of any other 3rd party End Client;
End Client
The person to whom the Client's services are provided;
Fees
The fees and charges (excluding VAT) payable by the Client to CareersAndCareers Jobsite as specified in the Online Vacancy Purchase Agreement;
CareersAndCareers Jobsite
CareersAndCareers Jobsite owned by CareersAndCareers (company number 458047);
Jobs-by-Email
A service which matches and sends vacancies via email to Candidates who have subscribed to this service;
Lineage Advertisement
A Vacancy Advertisement which contains a maximum of 2500 characters of text only which is available via online search and once per week via the Jobs-by-Email service;
Live Vacancy Listing
A page of the Site which lists all the currently live Semi-Display Advertisements of any particular Client;
Online Vacancy Purchase Agreement
The agreement entered into between the Client and CareersAndCareers on the Site;
Recruiter
Any person working on behalf of the Advertising Agency, Direct Employer or Recruitment Agency Client and who is authorized by the Client to use the Services;
Recruitment Agency
An Employment Agency or Employment Business as defined by the Irish Employment Agencies Act 1971 (and all regulations made thereunder);
Semi-Display Advertisement
A vacancy advertisement that uses a Semi-Display Template and a maximum of 2500 characters of inserted text. The combination is used to advertise a single vacancy and is available to Candidates via online search and once per week via the Jobs-by-Email service;
Semi-Display Template
A standard template made up of text, graphics, data and files whose format is set to certain parameters by CareersAndCareers Jobsite;
Services
The services which CareersAndCareers Jobsite has agreed to provide pursuant to the Online Vacancy Purchase Agreement and these Conditions;
Site
The site at www.careersandcareers.com or any other website operated and maintained by CareersAndCareers from time to time which CareersAndCareers may designate for the purpose of the Contract;
Start Date
The start date for the provision of the Services as referred to and identified in the Online Vacancy Purchase Agreement for those Services;
Term
The term of the Contract as specified in the Online Vacancy Purchase Agreement;

1.2. In these Conditions:
1.2.1. References to any statute or statutory provision shall, unless the context otherwise requires be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
1.2.2. References to the masculine include the feminine and the neuter and the singular include the plural and vice versa as the context admits or requires;
1.2.3. Words importing persons include individuals, bodies corporate and un-incorporate; and
1.2.4. Headings will not affect their construction .

2. Application of the Terms
2.1. These Conditions to the exclusion of all previous Online Vacancy Purchase terms and conditions issued by CareersAndCareers Jobsite shall apply to any Online Vacancy Purchase Agreement entered into after the date on which these Conditions were posted on the Site.
2.2. These Conditions are deemed to be fully read, understood and accepted by the Client upon the Client clicking on the "Continue" button on the Site.
2.3. No variation or alteration to these Conditions or any representations about the Services shall have any effect unless expressly agreed and confirmed in writing by a director of CareersAndCareers.
2.4. Each order for Services by the Client from CareersAndCareers Jobsite shall be deemed to be an offer by the Client to purchase the Services subject to these Conditions.
2.5. An order placed by the Client shall be deemed to be accepted by CareersAndCareers Jobsite as soon as they purchased a job package and paid for it online, An acknowledgement of order will be sent to the Client electronically.

3. Services generally
3.1. CareersAndCareers shall be entitled at anytime without notifying the Client 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.
3.2. Any intellectual property, ideas, concepts, know-how or techniques developed by CareersAndCareers Jobsite or obtained during the execution of the Services will be owned exclusively by CareersAndCareers Jobsite (CareersAndCareers).
3.3. With effect from the Start Date CareersAndCareers Jobsite shall provide the Services for the Term subject to the provisions of these Conditions.
3.4. CareersAndCareers Jobsite shall not be responsible for any failure to provide the Services, or unavailability of the Site, as a result of circumstances beyond its reasonable control but the Client accepts that it shall still be responsible for the payment of the Fees as if the Services had been properly provided.
3.5 The Client accepts that CareersAndCareers Jobsite shall not be liable for any failure to provide the Services (or any part thereof) as a result of the Client's failure to comply with the Contract and that it shall still be responsible for the full payment of the Fees as if the Services had been properly and fully provided.
3.6 CareersAndCareers Jobsite will only make available or supply copies of the CVs which have been received by it for distribution to Clients of CareersAndCareers Jobsite solely for the purpose of securing suitable employment for the Candidates and the Client accepts that CareersAndCareers Jobsite makes no warranty whatsoever as to the availability of the Candidates. (This function is not enabled on our Jobsite for time being).
3.7 CareersAndCareers Jobsite may, at its discretion and without notice, report improper or illegal use of CVs or the Services by the Client to the relevant legal and/or bodies including the DETE, Department of Employment, the Office of the Information Commissioner and the Recruitment and Employment Confederation.

4. Semi-Display Advertisements
4.1. Semi-Display Advertisements are to be entered online by the Client.
4.2. Semi-Display Advertisements will be sent out to all relevant Candidates on a weekly basis via the Jobs-by-Email service for each week that they are live on the Site and to any new relevant Candidates registered within that week.
4.3. CareersAndCareers Jobsite will convert each vacancy described in a Semi-Display Advertisement to a Lineage Advertisement for the purposes of distributing through the Jobs-By-Email service.
4.4. Semi-Display Advertisements will remain live on the Site and available for searching via the internet for the period defined in the Online Vacancy Purchase Agreement.
4.5. Semi-Display Advertisements placed on the Site may be expired and removed by the Client. The Client will be charged for the full period defined in the Online Vacancy Purchase Agreement, as if the Semi-Display Advertisement had not been expired.
4.6. CareersAndCareers Jobsite will use reasonable endeavours to procure that Semi-Display Advertisements will become live on the Site within 1 hour of submission to the Site.
4.7. Semi-Display Advertisements cannot be modified in any way whatsoever once they have been submitted to CareersAndCareers Jobsite, by the Client.
4.8. Semi-Display Advertisements may not contain a link, or references, to the Client's Web Site.
4.9. Semi-Display Advertisements may only contain one email address, which must be in the specific place designated by CareersAndCareers Jobsite and must not be part of the text describing the vacancy.
4.10. CareersAndCareers Jobsite may edit, remove or refuse to publish any Lineage Advertisement or Semi-Display Advertisement:
4.10.1 Containing unnecessarily repeated words or phrases which cause a false positioning in the search results seen by a Candidate.
4.10.2 Advertising products, services, businesses or websites, including, but not limited to, franchises, pyramid selling, network marketing, multi-level marketing and 'get rich quick' schemes.
4.11. A Semi-Display Advertisement shall contain the details of a single vacancy.
4.12. CareersAndCareers Jobsite may refuse, withdraw, or require to be amended, any Semi-Display Advertisement which is illegal, immoral, obscene offensive or otherwise prejudicial to the interests of CareersAndCareers Jobsite or it's clients or users of it's services so as to comply with the legal or moral obligations placed upon CareersAndCareers Jobsite or the Client or to avoid infringing a third party's rights or any statutory or regulatory requirements.

5. Client's obligations
5.1. The Client hereby undertakes and warrants to CareersAndCareers Jobsite that:
5.1.1. In relation to any Semi-Display Advertisement the Client enters into the Contract as a principal notwithstanding that the Client may be acting directly or indirectly for an End Client;
5.1.2. The reproduction and/or publication of the Semi-Display Advertisement by CareersAndCareers Jobsite as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render CareersAndCareers Jobsite liable to any proceedings whatsoever and the Client indemnifies CareersAndCareers Jobsite against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by CareersAndCareers Jobsite as a result of this undertaking and warranty being incorrect;
5.1.3. Any information supplied by the Client in connection with the provision of the Services is accurate, complete and true;
5.1.4. 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 Client has obtained the authority of such living person to make use of such name, representation and/or copy;
5.1.5. Each Semi-Display Advertisement is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;
5.1.6. Where it is an Advertising Agency it is authorised by the End Client to place the Semi-Display Advertisement with CareersAndCareers Jobsite.
5.1.7. No Semi-Display Advertisement contains any data, image or other material which:
(a) Is offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
(b) Is defamatory, threatening or racially, ethnically or otherwise objectionable;
(c) Is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
(d) Infringes the rights (including, without limitation, the intellectual property rights) of another person;
(e) Is designed or likely to cause disruption to any computer system or to any network;
(f) Is illegal or designed or likely to induce an illegal act;
5.1.8. The Client acknowledges that:
(a) The Client and CareersAndCareers Jobsite may agree that CareersAndCareers Jobsite can accept instructions in relation to the Services (without having to refer to the Client) from any of the following persons:
(i) Any person agreed between CareersAndCareers Jobsite and the Client to be a Recruiter; and
(ii) Any person to whom the Client or any Recruiter provides passwords to or is set up to make use of the Services by using facilities offered by CareersAndCareers Jobsite for such purposes;
(b) The Client agrees that it will procure that it and all Recruiters keep confidential and do not disclose to any person any passwords used by them in relation to the Services;
(c) The Client agrees that it will be responsible for any misuse of all such passwords;
5.1.9. The Client accepts that CareersAndCareers Jobsite shall not be responsible for any breach of this Agreement, any delay in performance of the Services or defect or error in the Services which arises as a result of CareersAndCareers Jobsite accepting instructions from a Recruiter or any person using such passwords;
5.1.10. The Client shall be responsible for all acts and omissions of each Recruiter and any person using such passwords as if they were acts or omissions of the Client;
5.2. The Client shall:
5.2.1. Where it is a Recruitment Agency, comply with the Irish Employment Agencies Act 1971 (and all regulations made thereunder) and all statutes, rules, regulations, codes of practice and legal requirements to which the Client is ordinarily subject in respect of its receipt and processing of CVs and related matters;
5.2.2. Where it is an Advertising Agency, ensure that the Services provided are solely utilised for its End Clients, with their express permissions;
5.2.3. Use of all CVs supplied pursuant to the Contract and the Services are for the sole purpose of endeavouring to provide or locate suitable employment on behalf of Candidates;
5.2.4. Ensure that it is notified as a data controller to the Office of the Information Commissioner under the Data Protection Act to the extent that it applies and complies with its obligations under that Act;
5.2.5. Keep confidential the CVs and all other information supplied by CareersAndCareers Jobsite or Candidates to the Client or its employees or agents and shall only use such information for such agreed purpose if endeavouring to seek or provide employment opportunities for Candidates with their express consent in respect of the CVs;
5.2.6. Obtain the express consent of a Candidate prior to submitting his or her CV to any person;
5.2.7. Not submit, copy, supply, re-sell, distribute or make available in any way any CVs or other information received from CareersAndCareers Jobsite to any person provided that where the Client is a Recruitment Agency it may make CVs available to its genuine customers who intend to recruit such Candidates for their own employment; (CV Search is not enabled on our Jobsite yet)
5.2.8. Not discriminate between persons endeavouring to secure employment and shall not engage in any illegal discriminatory practices whether by reason of race, sex or disability;
5.2.9. Be responsible for selecting only suitable Candidates and taking up references and satisfying itself as to the suitability of any Candidate for any particular position;
5.2.10. Be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by CareersAndCareers Jobsite arising out of the Client's misuse of information on CVs.

6. Liability
6.1. CareersAndCareers Jobsite will not be liable (whether in contract or tort) for:
6.1.1. Any loss of copy, artwork, photographs, data or other materials that the Client supplies to CareersAndCareers Jobsite and the Client shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
6.1.2. Any mistakes or errors whatsoever that arise during the course of publication of any Semi-Display Advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Client;
6.1.3. For any loss of profit, loss of revenue or contracts or any indirect, special, economic or consequential loss (whether caused by the negligence of CareersAndCareers Jobsite, its employees or agents);
6.1.4. Any delay, costs, expense, loss (including loss of profit), damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption, loss or removal of data) howsoever caused arising from any matter beyond the reasonable control of CareersAndCareers Jobsite or as a result of the acts or omissions of the Client;
6.1.5. Any loss or damage whatsoever (including loss of profits) howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, lack of, suitability of or the wrongful disclosure of confidential information by, any Candidate or Applicant. It is for Client to satisfy itself as to the availability, suitability, standard of skill, integrity and reliability of all Candidates or Applicants for any particular job.
6.2. In no event shall CareersAndCareers Jobsite's liability to the Client under or in relation to the Contract (whether in contract or tort) exceed the amount of the Fees.
6.3. Nothing in this Contract will restrict or exclude CareersAndCareers Jobsite's liability for death or personal injury caused by its own negligence.
6.4. The Client agrees and acknowledges that save as expressly provided in the Contract no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of Jobsite in respect of or in connection with the Services or the Contract and accordingly the Client confirms that it has not, in entering into the Contract, relied on any condition, warranty or representation by CareersAndCareers Jobsite or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services or the Contract. The benefit of any such condition, warranty or representation by CareersAndCareers Jobsite is hereby irrevocably and unconditionally waived by the Client.

7. Payment Provisions
7.1. CareersAndCareers Jobsite will ask the Client to enter its credit or debit card details onto the secure Site as soon as it has confirmed that its company and vacancy details are correct.
7.2. All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the Client shall be additionally liable.
7.3. Refunds are given at the discretion of CareersAndCareers Jobsite management.

8. Termination and Cancellation
8.1. Subject to the provisions of the Contract, the Services shall be provided for the Term.
8.2. The Contract and these Conditions apply for the Term unless terminated under this Clause 8.
8.3. Either party may, at its sole discretion, terminate the Contract at any time by notice in writing to the other party (the "Defaulting Party") if it is in breach of the Contract and fails to remedy such breach within 14 days of notice from the other party requiring it to be remedied.
8.4. CareersAndCareers Jobsite may suspend the Services and/or terminate the Contract by notice in writing to the Client if it believes that any acts or omissions in connection with the Contract of a Client that is a Recruitment Agency constitute or lead to breach of the Irish Employment Agencies Act 1971 or any regulations made thereunder.
8.5. Upon termination of the Contract the provision of the Services shall immediately cease and the full amount of any sums owing to CareersAndCareers Jobsite by the Client in respect of the Services, whether or not provided, shall become payable with immediate effect.
8.6. The Client shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by CareersAndCareers Jobsite arising out of the Client's breach of its obligations under the Contract (including, without limitation, on a solicitor and own Client basis, any legal fees and disbursements reasonably incurred by CareersAndCareers Jobsite).

9. Notices
9.1. A notice required or permitted to be given under these Conditions shall:
9.1.1. be in writing addressed to that other party at its registered office or principal place of business or such other relevant address as may at the relevant time have been notified pursuant to this provision to the other party giving the notice; or
9.1.2. be in the form of an email addressed to CareersAndCareers Jobsite at customer.support@careersandcareers.ie (or such other address as supplied by CareersAndCareers Jobsite) or if to the Client, to the address provided in the Online Vacancy Purchase Agreement (or such other address as supplied by the Client) and the Client will be deemed to have received such notification within one hour of transmission.
9.2. The Client is responsible for notifying CareersAndCareers Jobsite of any changes to its email address online. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to CareersAndCareers Jobsite by first class post or by facsimile.

10. General
10.1. The Client shall not be entitled to assign the Contract nor any or all of its rights and obligations hereunder.
10.2. If any provision of these Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
10.3. The Contract constitutes the entire agreement between the Client and CareersAndCareers Jobsite in respect of the Services.
10.4. Any waiver by CareersAndCareers Jobsite of any breach of, or any default under, any provision of the Contract by the Client will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of the Contract.
10.5. Failure or delay by CareersAndCareers Jobsite in enforcing or partially enforcing any provision of the Contract will not be construed as a waiver of any of its rights under the Contract.
10.6. The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) by any person that is not a party to it.

11. Law
11.1. These Conditions and any Contract into which these Conditions are incorporated, shall be governed by and construed in accordance with Irish law and the parties submit to the non exclusive jurisdiction of the Irish courts.

12. Disclaimer
Whilst CareersAndCareers uses reasonable care in compiling and presenting the content found on the CareersAndCareers Jobsite, it is provided purely for information and you should seek further guidance and make independent enquiries before relying upon it.  If CareersAndCareers is informed of any inaccuracies in the material on the CareersAndCareers Jobsites we will attempt to correct the inaccuracies as soon as we reasonably can.
If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer to the extent of funds spent on advertising with us and that they are a foreseeable consequence to both of us.  Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
These Terms and Conditions will not limit or affect our liability if something we do negligently causes death or personal injury.
13. Employers
CareersAndCareers makes no representation or warranty in respect of any of the following:

• The existence or availability of any appointment advertised on the CareersAndCareers Jobsites.
• That any employer or client will ask for your CV, ask to interview you or recruit you. 
• That any employer or client will keep confidential any of your information or data provided to that employer or client.
• The final terms and duration of any appointment obtained through the CareersAndCareers Jobsites.

14. Availability of the CareersAndCareers Jobsites
We cannot guarantee that the service will be fault-free. If a fault occurs in the service you should report it to admin@careersandcareers.ie and we will attempt to correct the fault as soon as we reasonably can. If CareersAndCareers is informed of any inaccuracies in the material on the CareersAndCareers Jobsites we will attempt to correct the inaccuracies as soon as we reasonably can.
Your access to the CareersAndCareers Jobsites may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
15. Intellectual Property Rights Notice
All information incorporated within the CareersAndCareers Jobsites are owned or licensed by CareersAndCareers. You may retrieve and display the content of the CareersAndCareers Jobsites on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the CareersAndCareers Jobsites without written permission from the CareersAndCareers.
16. Equal Opportunities & Diversity
We may also release information relating to you to regulatory or law enforcement authorities, if required to do so. We may use the information we have collected about you on an anonymous basis for the purposes of monitoring in relation to our equal opportunities policy. We also reserve the right to disclosure the information we have collected about you to our professional advisers and to other persons to the extent that CareersAndCareers contracts out any aspect of the operation of its recruitment agency services. These third parties will be acting under similar undertakings of confidentiality as CareersAndCareers.
17. Miscellaneous
You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
If you breach these Terms and Conditions and CareersAndCareers chooses to ignore this, CareersAndCareers will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.

18. Contracting Party
18.1 CareersAndCareers Jobsite is a owned and managed by CareersAndCareers (company number 458047) of 2 The Park, Lusk, Co. Dublin, Ireland.

THIS SCHEDULE REPLACES ALL PREVIOUS SCHEDULES TO THESE TERMS AND CONDITIONS.