Terms of Use

MindSky Terms of Use

Last Modified: 24th Oct 2017

Introduction

Thank you for using MindSky Limited’s Talent Marketplace (the “Services”), a service that matches job seekers with employers in Rwanda.

We, MindSky Limited (“MindSky”, “we”, “us” or “our”), collect and compile information on individuals that are seeking employment in Rwanda and have registered on our website (the “Members”). We also collect and compile information on potential employers that use the Services. We make the Members’ information available to potential employers through the Services. We may also provide information about potential employers to the Members.

You may use the Services to learn about our Members or potential employers. From time to time, we may contact you to discuss in the case of an employer, your hiring needs, or in the case of a Member, information about jobs you are seeking. The manner in which we use information is governed by theMindSky privacy policy (ww2.mindsky.com/privacy-policy) (the “Privacy Policy”) which are incorporated by reference.

By using our Services, you agree to be bound by the terms and conditions in this document (the “Terms”) and the Privacy Policy. Please read them carefully. This is a legal agreement between you andMindSky and you represent that you have the right, authority, and capacity and that you are of sufficient legal age in your jurisdiction or residence to use the Services and agree to these Terms. If you do not agree with any of the provisions of these Terms, you should not use the Services.. We reserve the right to modify or replace these Terms or the Privacy Policy by posting an updated version to our website.

We may terminate or suspend your access to the Services without notice if we determine, in our sole and absolute discretion, that you have violated these Terms or have engaged in any conduct that we believe is in violation of any applicable law or regulation or is otherwise harmful to our interests, any other user of the Services, or any third party. You may discontinue your use and access to the Services at any time. If you have any questions about these Terms, please contact us at: info@mindsky.com.

Representations And Warranties

Your participation in using the Services is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Services you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Services.

If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

It is your responsibility to provide accurate, current, and complete information on the registration forms. It is your responsibility to ensure that the contact information for your account is accurate, correct and complete at all times.

By using the Services, you agree that:

  • You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes;

  • You will not use the Services to cause nuisance, annoyance or inconvenience;

  • You will not copy, or distribute the Services or other content without our written permission;

  • You will provide us with whatever proof of identity we may reasonably request;

  • You are aware that if you opt to receive SMS messages, standard messaging charges will apply;

  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Services;

  • You will only use the Services for your own use;

  • You will not impair the proper operation of any of our systems or networks;

  • You will not try to harm or disrupt the Services in any way whatsoever;

  • You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services; and

Password and Security

You are responsible for maintaining the confidentiality of your password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. We reserve the right to require you to alter your password if we believe that your password is no longer secure. You agree that you will be solely responsible for any loss or damage you suffer as a result of your failure to adequately safeguard your password.

Third Party Services; Integration and Links

We may integrate with or provide links to certain third party Internet sites and services (for example, Facebook and Twitter). The third party services made available through us or the integration of such sites and services with the Services are for your convenience only and do not signify endorsement by us of such third party sites or services. YOU AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ACTS OR OMISSIONS BY THIRD PARTY SITES OR SERVICES OR ANY INFORMATION OR OTHER MATERIALS FOUND AT ANY OTHER WEBSITE OR INTERNET RESOURCE.

Reliance on Information – General

The information presented on or available through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our site, or by anyone who may be informed of any of its contents.

The Services include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion and we are not responsible, or liable to you or any third party, for the content or accuracy of any third-party materials.

OUR INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in or to the Services and software (including any future updates, upgrades and new versions) will continue to belong to us and our licensors. Except as expressly provided in these Terms, you have no right to use our intellectual property rights. Our logo, and certain other of the names, logos, and materials displayed in the Services, may constitute trademarks, trade names, or service marks (“Marks”) of MindSky or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

The content of the Services (the “Services Content”), including without limitation, any pictures or text, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned byMindSky. The Services Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Services Content.

If you choose to provide technical, business or other feedback to us concerning the Services (collectively, “Feedback”), we will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in our sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by us of Feedback into any of our Services does not grant you any proprietary rights therein.

USE OF YOUR DEVICE BY OUR SERVICES

In order for us to provide our services to you, we may require access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access that relevant service – for example, we may need to use your device’s processor and storage to complete the relevant software installation, or we may need to access your contact list to provide certain interactive functions within our apps. You agree to give us such access to and use of your device.

We will provide further information regarding how a particular service uses and accesses your device within that relevant service or in another manner (e.g. via the relevant app store as part of the relevant service’s installation process). You understand that if you do not provide us with such right of use or access, we may not be able to provide the relevant service to you.

Any Personal Information (as defined in the Privacy Policy) that we use or access within your device will be treated in accordance with these Terms, including our Privacy Policy.

Please note that we are not responsible for any third party charges you incur (including any charges from your internet and telecommunication services providers) in relation to or arising from your use of our services or software.

Survivability and Term

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

Use of Content

From time to time, you may provide to us certain information about yourself, your organization and your hiring needs, such as: (1) your name or the name of your organization; (2) the trademarks of your organization; (3) certain personal information about you such as your name, mobile number and address; (4) any other data or information about you or your organization (collectively, in respect of items (1)-(4), the “Your Content”). By using our Services you on behalf of yourself and/or your organization hereby grant us a non-transferable, non-exclusive, sublicensable, irrevocable license: (i) to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that we can improve our Services), communicate, publish, publicly perform, publicly display and distribute Your Content for marketing purposes on our website, its social media channels, and through other audio, video, electronic and print mediums; (ii) to share Your Content with third parties; and (iii) for any other marketing or advertising purpose. The use of Your Content by us under this provision is subject to the Privacy Policy.

Term and Termination

We are constantly changing and improving our Services and we may add or remove functionalities or features or we may suspend or stop our Services altogether. You can stop using our Services at any time and we may also stop providing Services to you at any time.

Indemnification

You agree to indemnify, defend and hold us harmless from any liability, claim, action, damage, loss, fine, penalty, cost or expense, including, without limitation, reasonable attorneys’ fees, of every kind or nature asserted by any party against us or incurred by us arising directly or indirectly from or in connection with your use of the Services.

Limitation of Liability

NEITHER YOU NOR MINDSKY’S TOTAL CUMULATIVE LIABILITY INCLUDING INDEMNIFICATION, WHETHER IN CONTRACT, TORT OR OTHERWISE, WITH RESPECT TO THESE TERMS SHALL EXCEED US FIFTY ($50) DOLLARS. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA OR LOSS OF ANTICIPATED PROFITS OR BENEFITS) WHETHER IN CONTRACT, IN TORT (INCLUDING BREACH OF WARRANTY, NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, RESULTING FROM THE PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THESE TERMS EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Dispute Resolution

Except to the extent that: (i) any applicable additional terms incorporated into these Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court, including small claims court (or similar court)), these Terms and any dispute or claim arising out of or in connection with these Terms will be governed by the law of the Hong Kong Special Administrative Region.

Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre under the Hong Kong International Arbitration Centre Administered Arbitration rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. There will be one arbitrator only. The arbitration proceedings will be conducted in English.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our confidential information and intellectual property rights or to prevent loss of data or damage to our servers in any court of competent jurisdiction.

You agree that these terms constitute our entire agreement and supersedes all prior agreements, understandings, and arrangements, oral or written, between you and us with respect to the subject matter hereof.

Severability

If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect.

Waiver

Failure or delay by us to enforce any these Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.

Contact Information

We welcome your questions or comments regarding these Terms. Please direct any comments you may have to info@mindsky.com.