Employer Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE
Effective from 11 February 2021
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.
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:
- obtain sufficient information for potential recruiters to select a suitable candidate for the position which the recruiter seeks to fill;
- obtain confirmation of the identity of a candidate or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
- take any steps to ensure the candidate and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the candidate to fulfil the position to be filled;
- take any steps to ensure that it would not be detrimental to the interests of the candidate or the recruiter for the candidate to fulfil the position to be fulfilled;
- give any indication to recruiters whether candidates are unsuitable (or suitable) for any position to be filled in any circumstances;
- propose candidates to recruiters or provide any information about them.
- take up any references in relation to a candidate; or,
- make any arrangements for accommodation of candidates.
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:
- 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.
- 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.
- 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:
- If you are a candidate (a “candidate(s)”), Our Candidate terms and conditions (the “candidate Terms”), which sets out information applicable to candidates.
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.
4.1 In these Recruiter Terms the following words shall have the following meanings:
- “Contract” the contract between Us and the Recruiter for the provision of Services governed by these Recruiter Terms and the documents referred to in them.
- “Contract Month” means, in respect of any Order Form relating to the provision of Services for a specified period of months, the calendar month commencing on the Start Date and ending on the day before the same date in the next calendar month. For example, the calendar month commencing on 24 February and ending 23 March;
- “Contract Term” means the full term of the Contract commencing on the Start Date and specified in the Order Form;
- “Recruiter” means any person, company, organisation or firm which uses SPTO Jobs Link site
- “Candidate Data” all data contained in the Candidate Database;
- “Candidate Database” means the database of Candidates which is accessible to Recruiter via the Site who enter into a Contract;
- “Services” means all recruitment services made available by Us from time to time
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.
6.1 It is your responsibility to ensure that:
- you co-operate with Us in all matters relating to the Services;
- you provide Us with such information and materials We may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; and
- you comply with all applicable laws.
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”):
- We will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve Us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle Us to terminate the contract under TERMINATION;
- We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from Our failure or delay to perform the Services; and
- it will be your responsibility to reimburse Us on written demand for any costs or losses We sustain or incur arising directly or indirectly from 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.
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:
- No duplicating of jobs at the expense of other Recruiters jobs.
- No gratuitous use of keywords in job descriptions or job titles. “Gratuitous” means deliberately inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.
- Job advertisements placed on the Site must be for genuine employment vacancies only. Recruiters are prohibited from placing advertisements for other products or services, either relating to or unrelated to recruitment including, but not limited to, traineeships, vacancies seeking ‘business owners’, affiliate schemes, franchise roles and opportunities, pyramid selling schemes or any other so called ‘business opportunity’.
- Recruiters must not require or request candidates, applicants or those who have been successfully offered a position by the Recruiter to provide or purchase any material or merchandise as part of accepting or performing any role advertised.
- Contact telephone numbers, URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the ‘send an email’ link and url linking is permitted from the ‘apply online’ link.
- Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. Advertisements are accepted by the Site on the basis that the Recruiter confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if We nonetheless believe that an advertisement may be discriminatory We may at Our discretion either amend the advertisement or remove it from the Site without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.
- Job advertisement placed on the Site must be accessible and available for the candidates to review and apply. If we become aware that the job advert is no longer in existence or is not available for the candidates to access, We reserve the right to remove the job advert from our job board without any prior notification to you. This will include if the job advert is within the agreed term specified in your Order Form and it is no longer in existence, We will remove the job advert immediately.
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.
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:
- you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
- you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
- you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
- your financial position deteriorates to such an extent that in Our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
- Termination of the Contract will not affect your or Our rights and remedies that have accrued as at termination.
- Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
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:
- We will contact you as soon as reasonably possible to notify you; and
- Our obligations under the Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
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:
- death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation; or
- breach of services or any other liability which cannot be limited or excluded by applicable law.
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:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill; and
- any indirect or consequential loss.
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.