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Terms of Service

This page contains important legal information.

TERMS OF SERVICE

Last Updated: 30th November 2024

1. Acceptance of Terms

This Terms of Service ("Terms") constitutes a legally binding and enforceable agreement, setting forth the contractual relationship between you, the User, and WinMyJob.com ("we," "us," or "our"), a [Insert Legal Entity Type, e.g., corporation, limited liability company] organized under the laws of [Insert Jurisdiction], with its principal place of business at [Insert Full Address]. These Terms govern your access to and utilization of our website, located at www.winmyjob.com (the "Site"), and all associated services, features, content, and applications (collectively, the "Services"). By accessing, browsing, or utilizing any aspect of our Site or Services, you hereby represent and warrant that you have read, comprehended, and unequivocally agree to be bound by these Terms. If you do not assent to any provision of these Terms, you are expressly prohibited from using our Site and Services. Your continued use of the Site and Services subsequent to the posting of any alterations or amendments to these Terms shall constitute your unequivocal acceptance of such modifications, without requiring any further affirmative action on your part.

2. Description of Services

WinMyJob.com provides a comprehensive online platform, facilitating career advancement and job placement by offering a suite of services, including but not limited to: the creation, uploading, and management of professional profiles and resumes; access to and application for job postings; utilization of career development resources, encompassing training modules and educational materials; engagement in networking activities with other Users and employers through community forums and direct messaging systems; and potential interaction with recruiter services for enhanced job placement opportunities. We reserve the absolute and unequivocal right to modify, suspend, or discontinue any aspect of the Services, whether temporarily or permanently, with or without prior notice, at our sole and unfettered discretion. We shall not be held liable to you or any third party for any modification, suspension, or discontinuance of the Services, irrespective of the cause or duration thereof.

3. User Accounts

  • Registration and Verification: To access certain features of our Services, you are required to create a User account by providing accurate, current, and complete information as prompted by the registration form. You are under a continuing obligation to ensure the accuracy and completeness of your registration data and to update it as necessary to reflect any changes. We reserve the right to implement various verification procedures, including but not limited to, identity verification, to confirm the veracity of the information provided by you.

  • Account Security and Confidentiality: You bear the sole and exclusive responsibility for maintaining the confidentiality of your account login credentials, including your username and password. You covenant to take all commercially reasonable measures to prevent unauthorized access to your account. You must provide immediate notification to us upon becoming aware of any unauthorized use of your account or any other breach of security. We shall not be held liable for any loss or damage arising from your failure to comply with this security obligation, regardless of whether such failure was intentional or negligent.

  • Account Termination and Suspension: We reserve the absolute and unfettered right to suspend or terminate your account, without prior notice, for any reason, including but not limited to, violation of these Terms, engagement in fraudulent or illegal activities, or any conduct that we, in our sole and subjective judgment, deem detrimental to our Site or other Users. Upon termination, your right to use the Services shall immediately and irrevocably cease, and we may, at our discretion, delete any and all data associated with your account, without any obligation to provide a backup or restore such data.

4. User Content

  • Content Ownership and Responsibility: You retain all right, title, and interest in and to any content you submit, upload, or post on our Site, including but not limited to resumes, profiles, messages, and other materials ("User Content"). You are solely and exclusively responsible for the accuracy, legality, and appropriateness of your User Content. You represent and warrant that you possess all necessary rights, titles, and interests, including intellectual property rights, to submit your User Content and that it does not infringe upon the intellectual property or other proprietary rights of any third party.

  • License Grant to WinMyJob.com: By submitting User Content, you grant WinMyJob.com a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media, whether now known or hereafter devised, for any purpose related to the operation and promotion of our Services. This license shall include, without limitation, the right to use your User Content to provide personalized services and recommendations.

  • Content Restrictions and Moderation: You covenant and agree not to submit User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. We reserve the absolute right, but not the obligation, to monitor, review, and remove any User Content that violates these Terms or that we, in our sole discretion, deem inappropriate, without providing any notice or explanation.

5. Acceptable Use

You covenant and agree to use our Site and Services only for lawful purposes and in accordance with these Terms. You are expressly prohibited from:

  • Using our Services to engage in any fraudulent, illegal, or unethical activity, including but not limited to, identity theft, money laundering, and securities fraud.

  • Impersonating any person or entity or misrepresenting your affiliation with any person or entity, including but not limited to, creating false profiles or resumes.

  • Interfering with or disrupting the operation of our Site or Services, including but not limited to, transmitting viruses, malware, or other harmful code, engaging in denial-of-service attacks, or attempting to circumvent security measures.

  • Attempting to gain unauthorized access to our Site, Services, or other Users' accounts, including but not limited to, hacking, password cracking, and social engineering.

  • Using any automated means, such as bots or scrapers, to access or collect data from our Site, including but not limited to, web scraping and data mining.

  • Collecting or harvesting any personally identifiable information from other Users without their explicit and informed consent, in compliance with all applicable data protection laws.

  • Posting false or misleading information, including but not limited to, false job postings or resumes, and disseminating misinformation.

  • Engaging in any activity that could damage, disable, or impair our Site or Services, including but not limited to, overloading our servers and disrupting network traffic.

  • Distributing spam or unsolicited commercial messages, including but not limited to, email spam and social media spam.

  • Promoting or facilitating illegal activities, including but not limited to, the sale of illegal goods and services, and the distribution of illegal content.

6. Intellectual Property

  • WinMyJob.com Content and Ownership: All content on our Site, including but not limited to text, graphics, logos, images, software, and other materials, is the exclusive property of WinMyJob.com or its licensors and is protected by applicable intellectual property laws, including but not limited to copyright, trademark, and patent laws. You are expressly prohibited from reproducing, distributing, modifying, or creating derivative works from our content without our express written permission.

  • Trademarks and Copyrights: WinMyJob.com and its logos are trademarks and service marks of WinMyJob.com. You are expressly prohibited from using our trademarks or copyrights without our prior written consent. All other trademarks and copyrights appearing on our Site are the property of their respective owners and are used with permission.

7. Third-Party Links and Services

Our Site may contain links to third-party websites or services that are not owned or controlled by WinMyJob.com. We make no representations or warranties regarding the content, privacy policies, or practices of any third-party websites or services. Your use of third-party websites or services is at your own risk. We strongly encourage you to review the terms and privacy policies of any third-party websites or services you visit before providing any personal information or engaging in any transactions.

8. Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. We expressly disclaim all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Services will be uninterrupted, error-free, or secure. We do not warrant the accuracy, completeness, or reliability of any content or information provided through our Services. You acknowledge and agree that your use of our Services is at your sole risk.  

9. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall WinMyJob.com, its affiliates, or its licensors be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Services, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages. Our total cumulative liability to you for any claim arising out of or in connection with these Terms or your use of our Services shall not exceed the amount you paid to us for the Services in the preceding twelve (12) months.

10. Indemnification

You hereby covenant and agree to indemnify, defend, and hold harmless WinMyJob.com, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, demands, actions, suits, proceedings, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or in connection with your use of our Services, your User Content, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party. This indemnification obligation shall survive the termination of these Terms and your use of our Services.  

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of texas without regard to its conflict of law provisions. Any legal action or proceeding arising out of or in connection with these Terms shall be brought exclusively in the state or federal courts located in Texas  and you hereby irrevocably submit to the personal jurisdiction of such courts.  

12. Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect, unless the parties mutually agree otherwise. The arbitration shall be conducted in Texas and the language of the arbitration shall be English. The award of the arbitrator shall be final and binding upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Alternatively, at WinMyJob.com's sole and absolute discretion, any such dispute may be resolved through litigation in the court.

13. Changes to Terms

WinMyJob.com reserves the unilateral and unfettered right to modify, amend, or revise these Terms at any time, without providing prior notice to you. We will post the updated Terms on our Site and update the "Last Updated" date. Your continued use of our Services subsequent to any changes to these Terms shall constitute your conclusive and unequivocal acceptance of such changes. It is your sole responsibility to periodically review these Terms for any modifications.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The parties agree to negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that achieves, to the greatest extent possible, the economic, business, and other purposes of the invalid, illegal, or unenforceable provision.  

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Site, shall constitute the entire agreement between you and WinMyJob.com concerning your use of our Services, superseding any prior agreements, understandings, or representations, whether oral or written.  

16. Communication Preferences

By creating an account with WinMyJob.com, you expressly consent to receive electronic communications from us, including but not limited to emails, notifications, and updates, related to our Services. You may manage your communication preferences by adjusting the settings in your account profile or by following the unsubscribe instructions provided in any electronic communication from us.  

17. Data Privacy and Protection

We are committed to protecting your privacy and personal information in accordance with applicable data protection laws. Our Privacy Policy, which is incorporated by reference into these Terms, describes how we collect, use, and disclose your information. By using our Services, you consent to our data practices as described in the Privacy Policy.  

18. Termination by WinMyJob.com for Inactivity

WinMyJob.com reserves the right to terminate accounts that have been inactive for a period of 90days , as determined by us in our sole discretion. Prior to termination, we will make commercially reasonable attempts to notify you via the email address associated with your account. You will have a grace period of 30days reactivate your account by logging in and taking affirmative action.

19. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent, which may be withheld in our sole discretion. We may assign or transfer our rights and obligations under these Terms at any time, without providing any notice or requiring any consent from you.  

20. Force Majeure

WinMyJob.com shall not be liable for any failure or delay in performing its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.  

21. Survival

Provisions of these Terms that, by their nature, should survive termination shall survive termination, including but not limited to provisions regarding intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law.  

22. Third-Party Beneficiaries

Unless expressly stated otherwise, no third party shall be deemed a beneficiary of these Terms or have any right to enforce any provision hereof.

23. Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  

24. Injunctive Relief

You acknowledge that any breach of these Terms may cause irreparable harm to WinMyJob.com, for which monetary damages would be inadequate. Therefore, in the event of such breach, WinMyJob.com shall be entitled to seek injunctive relief, in addition to any other remedies available at law or in equity.

25. Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the meaning or interpretation of these Terms.

26. Contact Us

If you have any questions about these Terms, please contact us at: support@winmyjob.com