TERMS AND CONDITIONS

TERMS OF USE – REFER


This states the ‘Terms of Use’ on which Refer allows you to access and use Refer. By using Refer, you (‘(the) User’) accept and agree to the Terms of Use, as well as other policies and terms published by and available on Refer. ‘User’ refers to any and all individuals and/or entities accessing Refer.


Please read these Terms of Use carefully. If you do not accept the Terms of Use and other policies and terms published on Refer, do not access or use Refer and the services provided by Refer.


Refer reserves the right to make changes to the Terms of Use at any time through updating this web page. Any such changes shall be communicated by electronic mail to registered users at least 1 (one) month before changes come into effect. Users shall visit this page periodically to be aware of any changes to the Terms of Use or other policies governing your usage and/or access of Refer.


These Terms of Use are effective immediately and supersede any previous Terms of Use. The final interpretation of Terms of Use remains with Refer.


Eligibility

 

To access and use Refer, you must:


(1) have reached the legal age of majority in your country;

(2) be fully able and competent to understand and agree to the Terms of Use;

(3) be in compliance with all laws and regulations in the country in which you are located when you register for, use and/or access Refer, and;

(4) have the power and authority to enter into these Terms of Use.


If you are using Refer on behalf of a third party, including, but not limited to, a business or commercial entity, you warrant that you are authorized to do so and have the authority to represent and bind that third party to the Terms of Use.


You warrant that you will use Refer in a manner consistent with any and all applicable laws and regulations of the country from which you are accessing Refer.

You must not use Refer if we have terminated your account or banned you.


Acceptable and intended use of Refer

 

Refer is intended for the following users and their respective use of Refer:


(1) Referrers who introduce others who seek for employment opportunities to employers who posted jobs on Refer.

(2) Employers who seek candidates for employment through posting jobs, receiving referrals, managing placement guarantees, and accessing CVs on Refer.

(3) Candidates who are being referred to an Employer’s job post through a Referrer.

License to Use by Users


Refer hereby grants you a limited, terminable, non-exclusive right to use Refer to introduce third party individuals to jobs on Refer.


This license authorizes you to view and download a single copy of the material on Refer for the sole purpose of introducing third party individuals to jobs posted on Refer.

Refer reserves the right to suspend or terminate your access and use of Refer at any time if, at the sole discretion of Refer, you have been found to be in breach these Terms of Use.

 

You agree to, represent and warrant that you will use Refer solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including, but not limited to, contractual obligations) you may have towards Refer and any third parties, including, but not limited to, government regulations and laws within your respective country. You are solely responsible for any and all Content that is posted through your account on Refer ("(Your) Content"). You understand that you may expose yourself to liability if Your Content or other use of Refer violates applicable law or any third-party right.


You agree that you will not:


· Impersonate another person, or his or her email address, or misrepresent your current or former affiliation and or transaction with a company;

· Create user accounts under false or fraudulent pretences; create or use an account for anyone other than yourself; or create multiple user accounts;

· Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms or, in case you represent a commercial entity, are not authorized to post;

· Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation (and as determined by Refer);

· Post Content that is defamatory, libellous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;

· Act in a manner that is threatening, racist or bigoted, or is otherwise objectionable (as determined by Refer);

· Promote, endorse or further illegal activities;

· Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party;

· Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third party;

· Post anything that does not comply with the applicable laws or regulations of the country from which you are accessing Refer;

· Solicit personally identifying information from minors;

· Except as expressly approved by us, use Refer for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;

· Imply a Refer endorsement or partnership of any kind without our express written permission;

· Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;

· Introduce software or automated agents to Refer, or access Refer so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Refer without our express written permission;

· “Frame” or “mirror” or otherwise incorporate part of Refer into any website, or “deep-link” to any portion of Refer without our express written permission.

· Copy, modify or create derivative works of Refer (including Refer Content) without our express written permission;

· Copy or use the information, content, or data on Refer in connection with a competitive service (as determined by Refer);

· Sell, resell, rent, lease, loan, trade or otherwise monetize access to Refer or any Refer Content without our express written permission;

· Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Refer;

· Interfere with, disrupt, or create an undue burden on Refer or the networks or services connected to Refer;

· Introduce any viruses, trojans, worms, time bombs, cancelbots, corrupted files, or similar software to Refer;

· Attempt to circumvent any security feature of Refer; or

· Expose Refer or Refer’s users to any harm or liability.


Removal of Content


While Refer has no obligation to do so, Refer reserves the right to review and delete (or modify) any Content that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Refer, or that we deem, in our sole discretion, inappropriate. If you see any Content on Refer that you believe violates our policies, you may report that Content by contacting us. Once notified, we will review the Content and consider whether to remove or modify it. Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.


Other Enforcement Actions


While Refer has no obligation to do so, Refer reserves the right to investigate and take appropriate action its sole discretion against you if you violate these Terms, including without limitation: removing Content from Refer (or modifying it); suspending your rights to use Refer; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.


We do not claim ownership in any Content that you submit to Refer, but to be able to legally provide Refer to our users, we have to have certain rights to use such Content in connection with Refer, as set forth below. By submitting any Content to Refer, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Refer's exercise of the foregoing license. No compensation will be paid with respect to the Content that you post through Refer. You should only submit Content to Refer that you are comfortable sharing with others under the terms and conditions of these Terms.


Special provisions applicable to Referrers


As Referrer, you are introducing third party individuals (Candidates) to Employers. The following Terms are applicable to such process:


(1) You may not use Refer for any non-intended use as specified in these Terms of Use.

(2) You may not refer any individuals who have not consented to such referral.

(3) You may not falsify any information about the individual(s) you are referring. All information provided may only be provided as per the best of your knowledge and be of an existing person.

(4) You may not refer the same individual multiple times for the same job.

(5) You assume full warranty, liability, and responsibility regarding the truthfulness and accuracy of information provided through you about the referred individual. When referring, all information you provide about a referral is as truthful and accurate as to the best of your knowledge.

(6) You assume full warranty, liability, and responsibility regarding your referred Candidate’s consent of being referred to the respective Employer's Job and to have the referred Candidate’s profile and CV added to Refer’s CV database accessible by Employers and Refer.

(7) You acknowledge and agree to Refer, at its own and sole discretion, referring Candidates whom you previously referred on Refer to Jobs posted on Refer (excluding the original job that you have referred the individual to). In the case of such a referral being successful, Refer shall be entitled to 100% (one hundred percent) of the Reward specified by the Employer.

(8) You warrant that by registering and maintaining an account on Refer and/or by referring individuals to jobs posted on Refer, you are not in breach of any terms and conditions, whether express or implied, or any other obligations binding upon you. In the case of you breaching any such terms, conditions or obligations, you assume sole & full liability and you indemnify Refer from any damages arising from your use of Refer.

Your eligibility is subject to the following conditions:


(1) You may only be eligible for the financial Reward if the profile of an Candidate which you have introduced in compliance to the Terms of Use to an Employer to a job posted by the Employer on Refer if the Employer a) is introduced to the referred individual through Refer and has not previously known the individual, whereas the proof of such knowledge is at the sole discretion of the Employer and/or Refer; b) has hired the Candidate; c) funded the Candidate’s respective Placement Guarantee and retained the Candidate for 3 (three) calendar months from the date the Candidate joined the Employer; d) has settled all applicable dues towards Refer in conjunction with hiring the referred individual Candidate at the expiry of the 3-month Placement Guarantee, and e) has hired the Candidate within 90 (ninety) days from the date the Candidate accepted your Referral...

(2) Refer is entitled to a Commission for every successful referral that you make. The Commission ranges between £0 to £1,000 of the total Reward the Employer allocated to the job and is based on the referral method that the Employer chose. Refer’s Commission is already deducted from the Job’s Reward that is publicly displayed at the time of the Referral.

(3) Notwithstanding other actions, you forfeit any rights to financial Rewards incase of Refer or an Employer raising a complaint as to a possible breach of these Terms of Use from your side, and/or Refer initiating an investigation about a possible breach of these Terms of Use from your side and the subsequent investigation confirming such breach. Any due Rewards shall be retained by Refer until such investigation concludes.

(4) Introduced profiles are only eligible for you to obtain the reward within 90 calendar days of the date a Candidate accepted your Referral. Your eligibility expires after the lapse of 90 calendar days.

(5) Financial Rewards are credited into your Refer account, from which you have to request encashment through wire transfer or direct remittance through the providers approved by Refer. Credited financial Rewards that are not encashed within 1 calendar year of being credited are forfeited by you.

(6) Financial Rewards may only be encashed to an bank account in your name. Refer will not provide any services, products, or payments to sanctioned countries, individuals and/or entities in accordance with the law of the United Kingdom of Great 

Britain and Ireland or other international bodies.

(7) All charges of third parties due to the process of encashment, as well as a charge of £10 (ten British pounds) per encashment transaction and which will be deducted from the encashable Reward, have to be borne by you. If such charges exceed the amount requested to be encashed, you may not proceed with requesting encashment.


Special provisions applicable to Employers


As Employer, you post & management Jobs, receive & manage Candidates, and manage Placement Guarantees and other content that you post on Refer. The following Terms apply:


(1) You may not use Refer for any non-intended use as specified in these Terms of Use.

(2) You may only post real, existing jobs as per your organization’s requirements.

(3) Your job posts may not include URLs or links to other websites, specifically, but not limited to, other websites or microsites containing an option for individuals to directly apply to the Job you posted (cross posting).

(4) Your job posts must not include copyrighted material unless you have the express authorization of the copyright owner for publishing such material.

(5) Your job posts must not include content that contain trade secrets.

(6) Your job posts must not include content that is discriminating, harassing, abusive, hateful, defamatory, libelous, obscene or sexually explicit.

(7) Your job posts must not include content that violates the laws of the country in which you are based and/or accessing Refer from or reasonably accepted and applied best practice.

(8) Your job posts must not include advertisements, solicitations of business, or requests towards the user to contact you for further information.

(9) Your job posts must not include opinions or notices, regardless of whether such content is commercial or not.

(10) You must be authorized by your organization to post jobs, allocate Rewards to job postings, and manage funds for interacting with profiles of individuals that have been referred to your job postings.

(11) You must not charge users to refer individuals to your job posts.

(12) You consent to and authorize Refer using your organization’s name and logo for marketing and advertising purposes by Refer (specifically, but not limited to, the use of your organization’s name and logo in Refer’s website, flyers, banners, brochures, digital & print information material, social media, blog posts, press releases, and other comparable advertising material. Refer shall refrain from utilizing any reasonably deemed sensitive information for such purposes).

(13) If you hire or professionally engage (regardless of the nature and conditions of such engagement) a Candidate who has been referred to a job you posted on Refer within 12 calendar months of the date of Referral, and whom you did not know at the time of the referral (and for whom you have indicated such knowledge within 7 calendar days from the date of the Referral), you are liable to pay Refer the indicated Reward for the Job that the Candidate has been referred to within 14 calendar days from the date of hiring or engaging the Candidate (already made and applicable down payments are excluded from such payment). This also applies if you hire the Candidate for a position that is different from the Job the Candidate has been referred to.

(14) You shall notify Refer within 2 calendar days of any communication that you have with a referred Candidate that has not been already known by you as per clause 4. (13) of these Terms.


Refer reserves the right to edit and/or delete any jobs posted at the discretion of Refer and if no funding for individual(s) referred for such job post(s) (except in cases in which a job post is violating the Terms of Use).


Refunds


As Employer, you can purchase access to different services on Refer through funding your Refer account. The sale, price, condition, and services that funds unlock and provide access to are solely at the discretion of Refer and are subject to change without notice. 


The following, among others, shall be applicable to the purchase, payment, refund, and cancellation of funding your account on Refer:


(1) All prices are in British Pounds unless otherwise stated

(2) All amounts payable to obtain and use Refer’s services must be received in full prior to the respective funds being added to the User’s Refer account and to commencement of the Service. Refer accepts bank transfer of funds or card payments. The User shall be responsible for payment of any current or future sale, use, excise or other taxes applicable to the purchased services

(3) Refer does not offer refunds of down payments to post Jobs or for payments of additional features while posting Jobs. Funds, apart from down payments and payments for additional features while posting Jobs that have been received for funding Placement Guarantees will be credited to your dashboard in case of justified terminated Placement Guarantees, from where you can use them for other Candidates and/or Jobs within 1 (one) calendar year.


Special provisions applicable to Candidates


As candidate, you are being referred to Jobs posted by Employers through Referrers. The following terms are applicable:

Because we do not control such Content, you understand and agree that: 

(1) You may not use Refer for any non-intended use as specified in these Terms of Use;

(2) You may not falsify any information about yourself. All information provided may only be provided as per the best of your knowledge and be of an existing person;

(3) You may not refer yourself.

(4) You may not accept referrals for the same job multiple times;

(5) You assume full warranty, liability, and responsibility regarding the truthfulness and accuracy of information provided through you about yourself. All information you provide about yourself is as truthful and accurate as to the best of your knowledge.

(6) You provide full warranty, liability, and responsibility regarding your consent of being referred to the respective Employer’s Job and to have your profile and CV added to Refer’s CV database accessible by Employers and Refer.

(7) You warrant that by accepting a Referral, you are not in breach of any terms and conditions, whether express or implied, or any other obligations binding upon you. In the case of you breaching any such terms, conditions or obligations, you assume sole & full liability and you indemnify Refer from any damages arising from your use of Refer.

Refer deletes all data that has been provided about you if you do not accept a Referral within 72 hours. If you would like to delete your data after consenting to a Referral, you may use the “Delete Your Profile” function located in the footer of Refer’s home page.

6. Third Party Content

Content from other users, advertisers, and other third parties is made available to you through Refer. ("Content") means any work of authorship or information, including company photos, company jobs, company profile information, advertisements, comments, opinions, postings, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on Refer.

Because we do not control such Content, you understand and agree that: 

(1) Refer is not responsible for, and does not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the information provided anonymously by other users;

(2) Refer makes no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content;

(3) Refer assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties;

(4) Refer is not a "Referral Service". The jobs posted by Employers and published on Refer are provided to the public free of charge and are for informational purposes only. Refer does not endorse or recommend any companies, nor does Refer make any warranty as to the qualifications or competency of any such entity.

In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other countrys which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided or hosted by third parties on Refer.

7. Limitation on Liability & Disclaimer on Warranty

The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.

You are solely responsible for your interactions with Refer and respective users of Refer. Refer is not responsible for the activities, omissions, or other conduct, whether online or offline, of any user of Refer. We are not responsible for any incorrect, inaccurate, or unlawful content (including any information in profiles) posted on Refer.com, whether caused by users or by any of the equipment or programming associated with or utilized in Refer. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with Refer or respective users of Refer. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on Refer or combination thereof, including any injury or damage to users or to any person's device(s) related to or resulting from accessing, participation or downloading materials in connection with Refer. Under no circumstances shall we be responsible for any loss or damage resulting from use of Refer or from any Content posted on referbibility.com or transmitted to users, or any interactions between users of Refer, whether online or offline.

Refer is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Refer will meet your requirements; (2) Refer will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of Refer will be accurate or reliable.

Refer makes no representations or guarantees the effectiveness or timeliness of Refer in meeting the employment objectives of Users. Refer makes no representations or guarantees the effectiveness or timeliness of Refer in securing employment of Users. Refer is not liable or responsible for any employment decisions made, for whatever reason, by Users.

You hereby release Refer and its representatives and stakeholders as defined above from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) any interactions with other users of Refer, or (2) your participation in any of our offline events.

IN NO EVENT SHALL REFER OR ITS REPRESENTATIVES AND STAKEHOLDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF REFER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT REFER’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF REFER (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY UNITED ARAB EMIRATES DIRHAMS (AED 50/-).

8. Intellectual Property Rights

Refer retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. 

Except as otherwise provided in these Terms of Use, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products, contents, and services; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products, contents, and services; or (iii) circumvent or disable any security or technological features of our products, contents, and services.

9. Miscellaneous

These Terms of Use remain in effect while you access and use Refer, as long as your profile, by way of introduction, is stored on Refer, and, for registered users, as long as your account remains active and open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Refer without notice if we believe that you have violated these Terms of Use or as per Refer’s discretion. All provisions of these Terms of Use shall survive termination or expiration of these Terms of Use except those granting access to or use of Refer. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.

We may revise these Terms of Use from time to time by posting an updated version on Refer. Your continued use of Refer is subject to the most current effective version of these Terms of Use. You should visit these Terms of Use regularly to review, if any, changes and revisions, as they are binding on you.

Users are responsible for maintaining the confidentiality of their account details, including usernames and passwords. Users are responsible for all uses and activities that occur under their respective accounts, regardless of whether such activities have been authorized by the User. Users shall immediately inform Refer of any (suspected) unauthorized use of the User’s account. Refer will not be liable for any loss or damage arising from loss or unauthorized use of User accounts.

These Terms of Use and your use of Refer shall be governed by the laws of the United Kingdom of Great Britain and Ireland, and all claims, disputes, or other legal proceedings by or between you and Refer arising under these Terms of Use or your access to Refer shall be submitted to the jurisdiction of the courts of the United Kingdom, without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction.

Except if specifically stated in another agreement between Refer and you, these Terms of Use constitute the entire agreement between Refer and you and supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms of Use.

You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to accept these Terms of Use.

Refer’s failure to exercise or enforce any right or provision of these Terms of use shall not operate as a waiver of such right or provision. 

If any provision of these Terms of Use is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.

To the extent allowed by law, the English version of these Terms of Use is binding and the translations are provided for convenience only. 

These Terms of Use, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Refer’s prior written consent, but may be assigned or transferred by Refer without restriction. Any attempted assignment by you shall violate these Terms of Use and be void.

The section titles in the Terms of Use are for convenience only and have no legal or contractual effect; as used in the Terms of Use, the word "including" means "including but not limited to."