Employer Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE

Effective from 11 February 2021

Terms of use
www.sptojobslink.com pacific (the “Site”) is owned and operated by South Pacific Tourism Organization 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.

Who we are and how to contact us
The Site is operated by South Pacific Tourism Organization (“We”, “Our” or “Us”). We are registered in 1990 under company Tin number 60-00785-0-2 and have Our registered office at Level 3, FNPF Place 343-359 Victoria Parade Suva, Fiji.

To contact us, please fill out our Contact us form or telephone our customer service line on Telephone: (679) 330 4177 or Fax us on (679) 330 1995.

Data protection
Our use of CVs and other personal information supplied by users of this Site is governed by our privacy policy. Please click here to view our Privacy policy .

Use of the site
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 material from the site and if you do or if you perform any other unauthorised processing of information on the site it shall be deemed a material breach of these terms and conditions which, in the case of a Recruiter, shall entitle us to terminate the Services immediately on notice in writing. Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorised processing of information. In respect of any personal data accessed or otherwise processed by a Recruiter as a result of access to the site or the Services, the Recruiter agrees that it shall be the sole data controller of such personal data for the purposes of the Data Protection Act 2018 and, as such, shall be solely responsible for its processing.

All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to South Pacific Tourism Organization. Use of the site does not give you any proprietary rights in such materials.

Candidates and recruiters need to be aware that this job board operates as a venue only and does not introduce or supply candidates to recruiters (or vice versa). This means that we do not:

Since we are only a venue and do not propose or introduce candidate to recruiters or vice versa, it is recommended that, if you are a candidate you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a candidate’s suitability for the role.

These could include:

  1. If you are a candidate; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a candidate or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
  2. If you are a recruiter; checking the identity of the candidate and that the candidate has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a candidate to take up a position.
  3. In addition, where professional qualifications are required or where candidates are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the candidate and undertake a criminal records bureau check of the candidate. For more details of how to undertake a criminal records bureau check, please click here.

Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute.

You must not use Our Services with the intention to discriminate or place the candidates at a disadvantage when deciding or approaching them to fulfill a job vacancy. You hereby confirm that the content of the job advert and when using the CV database, you will comply with all your obligations hereunder and within the aforementioned Legislation and Code of Practice on Employment. You shall indemnify Us against any claim brought by an individual arising from your breach of this obligation or any other of these Recruiter Terms.

WHAT’S IN THESE TERMS?
These recruiter terms (the “Recruiter Terms”) set out the information applicable to recruiters (the “Recruiters”) who wish to use the Site

BY USING THE SITE YOU ACCEPT THESE TERMS
1.1 By using the Site, you confirm that you accept these Recruiter Terms and that you agree to comply with them.
1.2 If you do not agree to these Recruiter Terms, you must not use the Site.
1.3 We recommend that you print a copy of these Recruiter Terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
2.1 This Acceptable Use Policy refers to the following additional terms, which also apply to your use of the Site:

WE MAY MAKE CHANGES TO THE TERMS OF THESE TERMS
We amend these Recruiter Terms from time to time. Every time you wish to use the Site, please check these Recruiter Terms to ensure you understand the terms that apply at that time. Please view the “Effective from” date at the top of these terms to see when it was last revised.

DEFINITIONS
4.1 In these Recruiter Terms the following words shall have the following meanings:

OUR SERVICES
5.1 Provision of Services. After the Contract is formed, We will provide you with the Services from the Start Date.
5.2 Descriptions and illustrations. Any descriptions or illustrations on the Site are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.
5.3 Compliance with specification. Subject to Our right to amend the specification (see clause 7.4) We will supply the Services to you in accordance with the specification for the Services appearing on the Site at the date of your order in all material respects.
5.4 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
5.5 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.

YOUR OBLIGATIONS
6.1 It is your responsibility to ensure that:

6.2 If Our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in the clause 6.1 (“Your Default”):

6.3 Where a Recruiter posts an advertisement on the Site which includes any reference to a brand of a client or a subsidiary of the Recruiter (which reference may include, without limitation, such client’s or subsidiary’s logo, http address, email address and telephone number) (the “Client Branded Advertising”), and the posting of such Client Branded Advertising has not been agreed by Us, the offending content will be removed.

JOB ADVERTISING
7.1 New Job adverts will go live on the Site after 48hrs of the information being received.
7.2 Job adverts received on Friday afternoons or weekends will be posted on the beginning of the following week
7.3 You will be notified by email when your job adverts have gone live on the Site.
7.4 We have rules regarding the content and format of jobs posted on the Site. Their purpose is to ensure that users who search the Site 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 the Site any advertisement which is posted in breach of these rules:
7.5 The Rules are as follows:

RESPONSES TO ADVERTISEMENTS
8.1 You will not do anything which may bring Us or the Site into disrepute. You will indemnify Us from and against any claim brought by an individual against the Site arising from your breach of this obligation or any other term of these Recruiter Terms.
8.2 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.

USE OF CANDIDATE DATABASE
9.1 You may use the Candidate Database for the purpose of finding suitable Candidates for specific job vacancies that you, or (if you are an employment agency or employment business) your clients, wish to fill. You may contact Candidates only for the purpose of filling a specific job vacancy and may not use the information in connection with other activities.
9.2 The nature and extent of the material you are entitled to receive from us is determined by the access levels granted by the Administrator.

DELETION OF CANDIDATES DATA
10.1 In average the search for a suitable Candidates is concluded within three months. Therefore you agree to collect consent for keeping the Candidate Data directly from the Candidate or otherwise delete this Data after a period of three months. This does not apply in case you have other legal ground to keep the Candidate Data.

DEALINGS WITH CANDIDATES
11.1 You agree to deal fairly and professionally with Candidates you may contact using information from the Candidate Database and not do anything which may bring Us or the Site into disrepute. You will indemnify Us from and against any claim brought by an individual against Us arising from your breach of this obligation or any other of these Recruiter Terms.

TERMINATION
12.1 Without limiting any of Our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:

ASSIGNMENT
13.1 We may assign or subcontract any or all of our rights and obligations under this Agreement to a member of transparently selected third party companies. If we exercise our right to subcontract any or all of our obligations under this Agreement to a member of our Group, we will immediately resume the performance of such obligations on such company ceasing to exist.

EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract that is caused by any act or event beyond Our reasonable control (an “Event Outside Our Control”).
14.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract:

LICENSE TO USE RECRUITERS’S NAME TRADEMARKS AND LOGOS
15.1 The Recruiter grants to us, worldwide, non-exclusive, royalty-free licence during the term of the Contract to use the Recruiter’s name, trademarks and logos (the “Recruiter IP”) for the purposes of providing the Services and in Our marketing materials (including, but no limited to, websites and brochures) and that We may present examples of the services provided to and the materials published on behalf of Recruiter.

LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
16.1 Nothing in the Contract limits or excludes Our liability for:

16.2 Subject to clause 16.1, We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

16.3 Subject to clause 16.1, Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited
16.4 Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Services.
16.5 Nothing in these Recruiter Terms limits or affects the exclusions and limitations set out in Our Terms & Conditions.
16.6 This clause 16 will survive termination of the Contract.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
These Recruiter Terms, their subject matter and its formation are governed by Fijian law. You and We both agree that the courts of Fiji will have exclusive jurisdiction.