THE ONLINE AGREEMENT FOR Candidate
Welcome to Remotejobs.lk.
THIS ONLINE AGREEMENT is made and entered in the Democratic Socialist Republic of Sri Lanka, Colombo on this < date> day of …….< month> 2021 (hereinafter known as the “effective date”) The following terms of service (these “Terms of Service”), govern the Candidate’s access to and use of the Remotejobs.lk website and mobile application, including any content, functionality and services offered on or through Remotejobs.lk website or the Remotejobs.lk mobile application (the “Site”) by REMOTEJOBS.LK (PVT) LTD bearing Registration number PV 00233496 of NO:14,SIR BARON JAYATHILAKA MW, COLOMBO 01, SRI LANKA. .
Please read the Terms of Service carefully before starting to use the Site.
WHEREAS REMOTEJOBS.LK (PVT) LTD is a hand curated, innovative online remote job portal, engaged in connecting innovative job providers with the best remote community of talents.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS:
1.1 In this Agreement, except to the extent expressly provided otherwise:
“Agreement” means this agreement including any Schedules and any amendments to this Agreement from time to time;
“Service Required Party ” is the company who seeks Candidates through Remotejobs.lk or any individual nominated by the company or any individual representing the company.
“ Candidate” is the person who seeks a service/s through Remotjobs.lk.
“Documentation” means the documentation including the online accessible documentation contains the capabilities of the software service system and applications and general instructions for use of modules of the systems, applications, API integration documentation, tool integration any other information pertaining to access, usage, and integration.
“Effective Date” means the date of execution of this Agreement;
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registrable or un-registrable, registered or unregistered, including any application or right of application for such rights (and these “intellectual property rights” include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, and rights in designs)];
“Terms of Service” means any term of services mentioned herein after by Remotejobs.lk.
“Remotejobs.lk Account” means, the user account created by the will of the Candidate by himself in the Remotejobs.lk website.
2.1 This Agreement shall come into force upon the Effective Date.
2.2 This Agreement shall continue during a valid candidate user account subject to the terms and conditions of this agreement.
Remotejobs.lk shall connect innovative job providers through the portal available for online access by the Candidate during the term of this Agreement and shall provide the Candidate such assistance in relation to that.
- Registration Information
4.1 All interviews shall take place on our portal and such communication will be recorded and stored with us for quality assurance purposes.
4.3 The validity and the accuracy of the Data input to the system by the candidate is the responsibility of the Candidate and the Candidate is authorized to view and access job posts available on or from Remotejobs.lk solely for non-commercial use.
4.4 Remotejobs.lk reserves the right to offer third party services and products to the Candidate based on the preferences that the Candidate identifies in the Candidate’s registration and at any time thereafter; such offers may be made by Remotejobs.lk or by third parties.
4.5 The Candidate understands and acknowledges that the Candidate has no ownership rights in the Candidate’s Remotejobs.lk Account, and that if the Candidate cancels/terminates/deletes own Remotejobs.lk Account, all the Candidate account information will be stored for a period of 30 days and subsequently will be deleted. Information may continue to be available for a period of time as stated above, due to delays in propagating such deletion through Remotejobs.lk‘ web servers. In addition, third parties may retain cached copies of the Candidate information.
- Username and Password
The Candidate is responsible for maintaining the confidentiality of the Candidate’s account, profile, and passwords, as applicable. The Candidate shall not share Candidate’s password or other account access information with any other party, temporarily or permanently at all times, and the Candidate shall be responsible for all uses of own Remotejobs.lk registrations and passwords, whether or not authorized by the Candidate. The Candidate agrees to immediately notify Remotejobs.lk of any unauthorized use of the Candidate’s account, profile, or passwords.
The Candidate must be 18 years of age or older, or the age of majority as that is defined in Sri Lankan jurisdiction, whichever is older, to visit or use Remotejobs.lk in any manner. By visiting and continuing to use Remotejobs.lk, Candidate represents and warrants to Remotejobs.lk that the Candidate have reached the age of majority in the respective jurisdiction and that the Candidate have the right, authority, and capacity to agree to and abide by these Terms. Candidate also represents and warrants to Remotejobs.lk that the Candidate will use Remotejobs.lk in a manner consistent with any and all applicable laws and regulations.
- Use of the Remotejobs.lk’ Content and Intellectual Property
7.1 The Candidate agrees to use all resources on the Remotejobs.lk Site solely for personal, individual noncommercial use and agrees not to share, sell, distribute or disclose to any third party or on any other website any Remotejobs.lk content, which includes job listings.
7.2 Remotejobs.lk authorizes the Candidate to view and access a single copy of the content available on or from Remotejobs.lk solely for the Candidate’s personal use. The contents of Remotejobs.lk, such as text, graphics, images, logos, button icons, software, and other Remotejobs.lk content including intellectual property rights, are protected under Si Lankan copyright, trademark, and other laws.
7.3 The Candidate agrees not to sell or modify the Remotejobs.lk content or reproduce, display, publicly perform, distribute, or otherwise use the Remotejobs.lk content in any way for any public or commercial purpose, in connection with products or services that are not those of Remotejobs.lk, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Remotejobs.lk or its licensors, that dilutes the strength of Remotejobs.lk‘ trademarks, or that otherwise infringes Remotejobs.lk‘ intellectual property rights.
7.4 The Candidate agrees not to misuse in any other way any Remotejobs.lk content. The use of the Remotejobs.lk content on any other website or in a networked computer environment for any purpose is prohibited. Any code that Remotejobs.lk creates to generate or display any Remotejobs.lk content or the pages making up any Remotejobs.lk Site is also protected by Remotejobs.lk‘ copyright, and the Candidate may not copy or adapt such code.
- Important Terms
8.1 Remotejobs.lk will not act or be responsible for the payment between the Service Required Party and the Candidate.
8.2 Remotejobs.lk will not act as an intermediary relating to financial or non-financial disputes between the Service Required Party and the Candidate.
8.3 Remotejobs.lk neither acts as an agent nor will represent any Candidate or any Service Required Party.
- Additional Rights and Obligations
9.1 The Candidate may not use Remotejobs.lk in order to transmit, post, distribute, store, and/or destroy material, including without limitation, Remotejobs.lk content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, or hateful.
9. 2 The Candidate is also prohibited from violating or attempting to violate the security of any Remotejobs.lk Site, including without limitation, the following activities: (a) accessing data not intended for such Candidate or logging into a server or account which the Candidate is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host, or network, including, without limitation, via means of submitting a virus to any Remotejobs.lk Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability.
Remotejobs.lk warrants to the Candidate that:
10.1 Remotejobs.lk does not necessarily monitor materials posted, transmitted, or communicated to or within the Site. If the Candidate believes that there are inappropriate contents on the site that violates these Terms, please contact Remotejobs.lk.
10.2 Data gathered at the time of registration will be stored in our system and will not be used for any illegal business purpose/s and will be visible by the Service Required Party/parties registered with Remotejobs.lk at all times.
10.3 REMOTEJOBS.LK DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF THE CANDIDATE USE OF ANY REMOTEJOBS.LK SITE RESULTS IN THE NEED TO SERVICE OR REPLACE CANDIDATE’S EQUIPMENT OR DATA, REMOTEJOBS.LK IS NOT RESPONSIBLE FOR THOSE COSTS. THE REMOTEJOBS.LK SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. REMOTEJOBS.LK, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
REMOTEJOBS.LK MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE REMOTEJOBS.LK CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
11.1 In the event the candidate has subscribed to a particular package and the payment pertaining to the package has not been received by Remotejobs.lk, either at the time of enrolment or at the time of renewal or at the time of an upgrade, the profile will be terminated without any further notice.
11.2 If at any time a Candidate commits a breach of any term or conduct in any manner prejudicial to the interests of Remotejobs.lk or be guilty of misconduct or convicted in a court of Law for having committed a criminal offense, the Candidate’s account will be terminated.
11.3 In the event of making use or disclosing to any party, either for the benefit of the Candidate and/or for the benefit of other party (individual, firm, company, any trade or business), the affairs, intellectual property and confidential information of the Company or any of its related companies of which the Candidate have knowledge or become aware, the Candidate’s account will be terminated.
- Confidential Information
12.1 All information is known to be confidential or proprietary, or which is marked as such, will be held in confidence by Remotejobs.lk or the Candidate and will not be disclosed or used by either party except required by the law to disclose.
13.1 Indemnification by the Candidate :
(a) The Candidate shall indemnify Remotejobs.lk against all losses and expenses in connection with any proceeding arising out of the Candidate’s unauthorized usage, access, modification, alteration of the Remotejobs.lk Account including infringement of a third party’s Intellectual Property Rights.
(b) The Candidate shall indemnify the other party against all losses in connection with any proceeding arising out of the indemnifying willful misconduct, gross negligence and violation of any laws, illegal act, misrepresentation, or any fraudulent transactions.
The Candidate should read, agree, and accept all of the terms and conditions contained in these terms in the Agreement, prior to commence operating the system modules by the Candidate.
14.1 Assignment, Transfer, and Novation
This Agreement shall not be assigned, transferred, or novated to any third party without the prior written consent of Remotejobs.lk, as the case may be.
14.2 Governing Law
The Parties shall make a good-faith effort to amicably settle by mutual agreement any dispute that may arise between them under this Agreement. This Agreement will be construed and enforced in accordance with the laws of Sri Lanka.
14.3 Electronic Execution
Delivery of an executed digital signature page to this Agreement by either Party by electronic transmission in accordance with the criteria set forth in the Electronic Transactions Act No. 19 of 2006 shall and will be as effective as delivery of a manually executed copy of the Agreement by such party.
This Agreement shall be amended or modified by posting/emailing the relevant amended and restated terms on Remotejobs.lk’s website and/or execute an Addendum hereto in connection thereof and such amendments to the terms are effective as of the date of posting email and/or date of execution of the Addendum by the parties hereto.
(a) All forms of directions, orders, circulars, notices and other communications in connection with this Agreement shall be at all times be in writing via a formal letter or email and shall be deemed to have been given when received by the Party to which such communication is directed as set forth below:-
Address:NO:14,SIR BARON JAYATHILAKA MW, COLOMBO 01, SRI LANKA.
Name of the Contact Person: Fawshan Nilamdeen
Contact Number: +94 777935230
Email Address: [email protected]
(b) If the Candidate changes its designated point of contact should inform the changes by written notice (via a formal letter or email) to Remotejobs.lk.