Terms • Media Partner Group

Media Partner Group

These Terms & Conditions are the basis for individuals, Clients and Agencies using the services at mpgafrica.com

The ownership of the site is with Media Partner Group and the terms relate to all the Media Partner Group domain names registered throughout the world whereby Media Partner Group have ownership of the domain.

Introduction. Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the Media Partner Group Web Sites and the Services (as each are defined below) provided by Media Partner Group, or one of its divisions (collectively, “Media Partner Group”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Media Partner Group Web Sites or Services. These Terms and Conditions are effective as of April 7, 2023.
Binding Agreement. These Terms and Conditions (as they may be amended from time to time by Media Partner Group), together with your Advertising and Candidate Search Service Agreements within this document (if applicable), form a binding agreement (the “Agreement”) between you and Media Partner Group. Your access to or use of the Media Partner Group Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
Certain Definitions. The following definitions apply to this Agreement:

3.1 “Media Partner Group Materials” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.

3.2 “Media Partner Group Web Site” or the “Site” (collectively, the “Media Partner Group Websites” or the “Sites”) means any web site under Media Partner Group’s control, whether partial or otherwise and includes such Site’s Content, Media Partner Group Materials and Services (as applicable in each context).

3.3 “Content” means Media Partner Group’s web pages, web forms, programming (including software code used on the Sites and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (color combinations and page layout), text, information, data, resumes stored in various commercial databases operated and licensed by Media Partner Group (including, among others, its “Resume Database,” “Member Database,” “Directory Supply & Demand Database” and the Classifieds Database), data submitted via the Sites by Users and other content made available through the Sites by Media Partner Group.

3.5 “Document” refers to any posting to a Site, whether job or resume.

3.6 “Employer” means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.

3.7 “Employer Materials” includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.

3.9 “Job Seeker” means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.

3.10 “Services” means any services provided by Media Partner Group or its agents described herein and specified more fully in the Service Activation Agreement.

3.12 “User” refers to any individual or entity that uses any aspect of the Sites.

3.13 “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

Intellectual Property Rights and Acceptable Use of the Sites and Services.

4.1 General Use Rules. The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment and giving free career information to assist people in being better informed and prepared for their next job. The site also provides a facility for Clients and Agencies to advertise and view CVs online to recruit or source Candidates. Users can also post and manage their corporate social accounts, post classifieds adverts and list their business within our directory.

You may access, print and, where available, download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, email, fax, transmit or distribute any material from the site. Media Partner Group reserves the right to revise or reject, in whole or in part, any advertisement or submission without notice and for any reason. The Media Partner Group specific phrases, text, graphics, marketing paraphernalia, logos, layout, designs, colors, icons, sounds, maps, links and trademarks are the intellectual property of Media Partner Group and are as such protected by Copyright law and International Intellectual Property law. Reproduction of such materials for commercial purposes, without written permission from Media Partner Group is prohibited.

You may use the Sites only for lawful purposes within the stated context of Media Partner Group’s intended and acceptable use of the Sites. Media Partner Group is the sole interpreter of the Sites’ intended and acceptable use. By using the Media Partner Group site and the services available, you are deemed to accept these terms & conditions and any additional terms & conditions, which include services and information, provided by third parties.

4.1.1 Agreement on the scope of the Services

(a) Services available without registration

Without the registration of a “Jobs by WhatsApp and Email” or an account you may use all Services that are available on our website without registration. Particularly you can browse featured jobs that are published on our website, the business directory, our blog and classified ads.

(b) Job alerts

You can subscribe to job alerts through our Platforms. That means you will then regularly receive job alerts about listings which match your criteria. You can create job alerts manually which match a profile that has been defined by you in advance. If you also register or have registered an account, you can manage the job alerts.

Certain Services will only be available as part of an account on the Site.

If you enter into an agreement for an account, you can use additional Services as described hereinafter. You can register for an account as described in section (e).

(d) Saved Jobs

You can save job ads that you have viewed, e.g. by clicking the respective button in the job ad. You will then be able to access such saved listings in your account.

(e) Your Profile

You can create a CV-profile (“Profile”) within your account, which will consist of various CV related pieces of information as well as attachments provided by you. It will also keep a record of your activity on our Platforms. You have a number of options when deciding how much of this information recruiters can see. The default when you sign up is for recruiters to be able to see your profile. This includes your CV and your “Last Active” date (see below for more information on this). You can change the visibility of your profile at any time. We will also share your application history (jobs you have applied for and when you applied for them) unless you tell us not to. You can change this at any time.

You can use your Profile to apply to job offers that are published on the websites or apps. The respective recruiting company will then have access to your Profile even if it is not generally available and will be able to see the data you provided. However they will not be able to see your application history if you have chosen not to share this. We will also use the data you have provided as part of your Profile to provide you with job ad recommendations tailored to your needs based on your Profile data. To provide you with the specific Services under the Profile, we will store the date of your last activity on our Platforms (“Last Active” date), which will be the date you most recently updated your profile or CV or the date you last applied for jobs using the Services.

As part of an active and public Profile we may also provide a link to a profile about you on a publicly available business related social media website we have found about you to CV Database search users. Such access to CV Database can also be provided through browser plugins or other software that we offer and which will allow our customers to access your CV if they visit certain social media websites. If you choose to create a Profile with us, then we will keep your CV on file until you ask us to delete your account from our Database.

Your profile also includes your online social media presence account where you can post topics, join forums and chat with colleagues and conduct interviews with employers.

We do not warrant or guarantee a minimum volume of storage capacity for your Profile. We reserve the right to temporarily or permanently restrict the data volume for uploads of data, especially if necessary due to technical reasons, for example in order to maintain or optimize the Service.

(f) Application History

Within your account we store your applications to job listings that were published on the Platforms for two months in a history that can be accessed via your account. Information from such applications can be used to prefill fields if you create a Profile.

(g) Other Regulations

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

obtain sufficient information for potential recruiters to select a suitable jobseeker for the position which the recruiter seeks to fill;
obtain confirmation of the identity of a jobseeker or that they have the experience, training, qualifications or authorization 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 jobseeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the jobseeker to fulfil the position to be filled;
take any steps to ensure that it would not be detrimental to the interests of the jobseeker or the recruiter for the jobseeker to fulfil the position to be fulfilled;
give any indication to recruiters whether jobseekers are unsuitable (or suitable) for any position to be filled in any circumstances;
propose jobseekers to recruiters or provide any information about them.
take up any references in relation to a jobseeker; or,
make any arrangements for accommodation of jobseekers.

The Conduct of Employment Agencies and Employment Business Regulations 2003 (the “Regulations”) seek to ensure that jobseekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered jobseekers who have the appropriate levels of experience, training, qualifications and authorization for the position to be filled. Since we are only a venue and do not propose or introduce jobseekers to recruiters or vice versa, it is recommended that, if you are a jobseeker 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 jobseeker’s suitability for the role.

These could include:

If you are a jobseeker; 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 authorization 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 jobseeker 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 jobseeker and that the jobseeker has the experience, training, qualifications and authorization 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 jobseeker to take up a position.

In addition, where professional qualifications are required or where jobseekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorization, obtain at least two references from people who are not relatives of the jobseeker and undertake a criminal records bureau check of the jobseeker.

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.

4.2 Media Partner Group Intellectual Property Rights. The Sites, the Media Partner Group Materials and all right, title and interest in and to the Sites and Media Partner Group Materials are the sole property of Media Partner Group or its licensors, and are protected by foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Media Partner Group reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Media Partner Group Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes:

(a) copying or adapting the HTML code used to generate web pages on the Sites;

(b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Sites other than the search engine and search agents available from Media Partner Group on such Media Partner Group Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and

(c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Media Partner Group Sites, without the express written consent of Media Partner Group. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Media Partner Group Materials are not considered to be works for hire and you may duplicate such Media Partner Group Materials only for the purposes outlined in this Service Agreement. “Media Partner Group,” the Media Partner Group design logo and certain other names or logos are service marks or trademarks of Media Partner Group, and all related product and service names, design marks and slogans are the service marks or trademarks of Media Partner Group.

In addition, the “look” and “feel” of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Media Partner Group’s trademarks, service marks and copyrights. Any code that Media Partner Group creates to generate or display the Content or the pages making up the Sites is also protected by Media Partner Group’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Media Partner Group Materials on any authorized copy you make of the Content or Media Partner Group Materials. Use of the site does not give you any proprietary rights in such materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.

4.3 License to Use by Users who are Job Seekers. Media Partner Group hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. Media Partner Group reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

4.4 License to Use by Users who are Employers. Media Partner Group hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. Media Partner Group also grants you a limited, terminable, non-exclusive license to use the Media Partner Group Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by Media Partner Group to any third party without the express written authorization of Media Partner Group. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Media Partner Group reserves the right to suspend or terminate your access and use at any time if Media Partner Group determines that you are in breach of these Terms and Conditions.

4.5 Employer/User Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants Media Partner Group a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer’s website in connection with the Services. Users grant to us a fully paid-up, worldwide, non-exclusive, royalty-free license during the term of the Contract to use the Customer’s name, trademarks and logos (the “Customer 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 Customer.

4.6 Use of Aggregate Data. You understand and agree that Media Partner Group owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. Media Partner Group may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your company or to any other Job Seekers. “Aggregate Data” means de-identified aggregated data or information regarding Job Seekers’ educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers’ occupation, location, salary, education and experience).

4.7 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.

4.8 User Submissions. Media Partner Group welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that Media Partner Group does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send Media Partner Group creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission”), you understand and agree that the User Submission shall become the property of Media Partner Group. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on Media Partner Group’s part, and Media Partner Group will not be liable for any use or disclosure of any User Submission. Media Partner Group shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

4.9 Termination

Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract/Usage with immediate effect with/without giving written notice to you if:

(a) 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;

(b) You fail to pay any amount due under the Contract on the due date for payment;

(c) 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;

(d) You suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

(e) 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.

(f) Termination of the Contract will not affect your or our rights and remedies that have accrued as at termination.

(g) 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.

Third Party Providers. You acknowledge and agree that Media Partner Group may provide the Services using third party providers, including subcontractors and consultants (the “Third Party Providers”). You agree that, as between Media Partner Group and its Third Party Providers, Media Partner Group will have sole responsibility for handling all billing and contract negotiations.
Disclaimers and Limitations on Media Partner Group’s Liability.

6.1 Allocation of Responsibility Media Partner Group assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Media Partner Group acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. Please note that we cannot accept any responsibility for the contents of any CVs. We receive them from candidates in good faith that the content is true, in a valid format to be read, and as a text based data document. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, Media Partner Group may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Media Partner Group has no liability or responsibility to Users for performance or nonperformance of such activities. Media Partner Group may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

6.2 No endorsements by Media Partner Group. Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

6.3 WARRANTY DISCLAIMERS.

(a) THE SITES ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. Media Partner Group, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. Media Partner Group MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.

(b) WITHOUT LIMITATION ON THE FOREGOING:

(i) Media Partner Group DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. . Access to the site may be interrupted, restricted or delayed for any reason. Media Partner Group will attempt to ensure continuous availability of the site and all the services but accept no responsibility for the consequences of interruptions or delays, however caused. Media Partner Group will intend to change its design and functionality from time to time in an attempt to improve the use and services on the site. We use our best efforts to ensure that Media Partner Group is available to users of the World Wide Web 24 hours a day, 7 days a week. At times the site may be partially or completely unavailable due to line or technical faults or reasons beyond our control such as failures by third party service providers or a risk of virus attack. It is our intention to deal with these situations as quickly as reasonably possible, but you agree that we shall have no financial liability to you in the event of such unavailability. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Media Partner Group IS NOT RESPONSIBLE FOR THOSE COSTS.

(ii) Media Partner Group makes no representations or guarantees regarding the truthfulness, accuracy, legality, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. Media Partner Group also does not give any warranty or other assurance as to the jobs and content of the material appearing on the site, its fitness for any particular purpose. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.

(iii) Media Partner Group makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

(iv) Media Partner Group MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. Media Partner Group DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.

6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.

(b) IN NO EVENT SHALL Media Partner Group (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Media Partner Group IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN Media Partner Group’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $10.00 IN THE AGGREGATE.

(d) IN NO EVENT SHALL Media Partner Group (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$10.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH Media Partner Group, THE AMOUNTS ACTUALLY PAID BY YOU TO Media Partner Group UNDER THIS AGREEMENT IF GREATER THAN US$10.00).

(e) Due to the nature of this Agreement, in addition to money damages, you agree that Media Partner Group will be entitled to equitable relief upon a breach of this agreement by you.

6.5 User Authentication. Because User authentication on the Internet is difficult, Media Partner Group cannot and does not confirm that each User is who they claim to be. Because Media Partner Group does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release Media Partner Group from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Data Protection. If you are an Employer, User, Jobseeker, this Section applies

7.1 To the extent that the provision of the Services under this Agreement involves the processing of Employer Personal Data by Media Partner Group as a processor on behalf of Employer as a data controller, Media Partner Group’s Data Protection Addendum is incorporated into, and hereby forms a part of, this Agreement.

7.2 To the extent that the provision of the Services under this Agreement involves personal data subject other than Employer Personal Data, such data is provided by Media Partner Group as a data controller to Employer as a data controller for the Intended Purpose and:

(a) Media Partner Group warrants that it has an adequate legal basis under GDPR for sharing that data with Employer for the uses permitted; and

(b) Employer will comply with terms and any other applicable data protection laws with respect to such data, including (i) processing such data fairly and lawfully and only for the Intended Purpose; (ii) processing such data only for as long as is necessary for the Intended Purpose and deleting such data once the Intended Purpose has been fulfilled; (iii) having in place appropriate technical and organizational measures to protect such data against accidental or unlawful destruction or accidental loss, alternation, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data; (iv) having in place procedures so that any third party it authorizes to have access to such data, including processors, will respect and maintain the confidentiality and security of the data; (v) not disclosing or transferring such data to a third party unless it does so in compliance with all applicable data protection laws; and (vi) complying with data subject requests received by it for access to, or correction, amendment, blocking or deletion of, such data made pursuant to applicable data protection laws.

(c) Our use of personal information and CVs supplied by users of this site is governed by the privacy policy. Information provided by third parties are taken in good faith and may be used but with the option available for Users to set themselves to opt out of their use on parts of the system. You confirm that, to the best of your knowledge, the information you have registered is correct and that you have registered/re-registered of your own free will. By submitting your details you agree that the information given may be used for registration and purposes associated with finding you employment and may be passed on to relevant third party.

Links to and on Other Sites. Media Partner Group contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Media Partner Group of the contents on such third-party web sites. Media Partner Group is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. Media Partner Group disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from Myjobszw.com. You may create a link to our site from another website without our prior written consent provided no such link creates a frame or any other browser or boarder environment around the content of our site. If you decide to access linked third-party web sites, you do so at your own risk.
Amendments to this Agreement and Changes to Sites. Media Partner Group may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Media Partner Group unless Media Partner Group agrees to them in a signed writing specifically including those new or different terms. Media Partner Group may change the Sites at any time.
Indemnity. The use of this web site is entirely voluntary and you agree to defend, indemnify, and hold harmless Media Partner Group (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. Media Partner Group shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
User Information and Privacy Policy.

11.1 When you register on any of the Media Partner Group Sites or in connection with the Services, you will be asked to create an account and provide Media Partner Group with certain information, including but not limited to, a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account.

11.2 All User Information will be used in accordance with the terms of Media Partner Group’s Privacy Policy. Please note, as set forth in the Privacy Policy, that Media Partner Group may collect certain User Information and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, Media Partner Group reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.

We may use your information

To send you marketing material from time to time that might be relevant to you. Any information you have submitted on any of the company sites, including but not limited to Media Partner Group can be used for communicative purposes.
To send you administrative messages and email updates and targeted content in certain, specified instances to you regarding the website.
By collecting it while you are browsing the website, for current and future marketing purposes. You can opt-out of marketing communications with us at any time.
By sending content from our third party marketing partners or sponsors.

11.3 Profile and CV Information

You will be requested for a series of information for us to hold and use on the site. This will contain your Name and contact information, sector, email alert categories, your CV, which is uploaded. Your information, or selected parts of the information, will be made available to be viewed and downloaded, by way of an online search over the Internet, by our Clients. These may be direct recruiters, employment consultants or other organizations, which pay for the service. You can choose to restrict your current or other employers from reviewing your details in the system. Updating your details with companies that you do not want to review your profile is solely your own responsibility. When you register with Media Partner Group, you will first register and provide a User Key and password. You will create your own User Profile and upload your CV and we will store the information in our databases. You can update or delete any of the information at any time. It is your responsibility to ensure that your CV and contact details are kept up to date. You should update your CV ideally every 3 months, but particularly if your contact details have changed and you are changing jobs or contract assignments. Once your User Profile and CV(s) are in our database, we will contact you periodically by email to request whether you want to remain active or inactive. By being set inactive, it stops your CV from being searched and will be archived until you wish to make it active again. If you do not have a positive response to a series of emails, we have the right to remove your information from the database.

11.4 Passwords

Passwords are for the sole use of the person to whom they are issued. We may deny access to a password if we reasonably believe that an unauthorized person is using it or that the user is breaching these terms and conditions.

11.5 Rights in the Database

Database rights and all other applicable copyright and intellectual property rights in the Candidate database belong to Media Partner Group. You acknowledge that you do not acquire any rights in the database or its content and that these terms and conditions govern your retention and use of the database and its content.

Questions and Notices. Questions concerning the use of the Sites should be directed to Media Partner Group. Notices to Media Partner Group should be sent to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as Media Partner Group reasonably determines is an appropriate address for you.
General. Media Partner Group contact information is listed on the Sites. Media Partner Group makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access Media Partner Group from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Activation Agreement, if you have one, are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of Illinois. The sole relationship between you and Media Partner Group is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Media Partner Group in a particular “Legal Notice,” or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and Media Partner Group.

13.1 Buying Services from Media Partner Group

Agencies and prospective employers and their agents provide Job advertisements and CV database search access on the site. We are not responsible or liable for the contents of advertisements. We expect candidates to carry out such verification procedures, as are they feel necessary.

13.2 Payment & Currency

The Media Partner Group services are Job advertisements, general advertisements database search – and access to these services can be purchased individually. Payment can be done in advance by credit card when using the self-service option. More options are available when placing your order with the sales team – but payment per invoice will require pre-approval by an authorized credit evaluation company. The Credit Card payments are operated by DIBS A/S who uses 128-bit SSL security pages.

Rules regarding Posting, Conduct and Security.

The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.

14.1 Posting Rules:

(a) You may not post any Document to a Site that contains: (i) URLs or links to web sites other than to recruitment related pages on your company web site (to advertise your company or web site; (ii) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner’s permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.

(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or “club membership”); provided, however that Media Partner Group may allow posting of certain training and business opportunities.

(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to “email for more details” are not permitted.

(d) Job postings must describe individual openings for traditional employees. You may not advertise multiple job openings in a single posting.

(e) In limited circumstances, at Media Partner Group’s sole discretion, Media Partner Group allows non-traditional job postings such as education/training, business opportunities, franchise, and multi-level marketing opportunities to be posted on the Sites. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. Media Partner Group reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if Media Partner Group deems such job posting to conflict with the best interests of its Users or detract from the User experience.

(f) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.

(g) Media Partner Group is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Media Partner Group’s sole discretion.

The views and statements contained herein in user posts do not express the views of Media Partner Group or any of its employees, agents, and associates and none of the views and statements contained herein relating to the topicality of any issues, user blog posts, comments, views or statements on this website are shared by Media Partner Group, its employees, agents and associates, and the reader acknowledges Media Partner Group, its employees, agents and associates to be free from any liability in this regard.

Media Partner Group has the right to refuse any Job, post, comment, media or Banner advertisement at its discretion without having to give any reason and may stop any Agency, User or Client from using the site. Where any trial has been offered, Media Partner Group have the right to end it without notice.

14.2 Conduct Rules:

(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer’s business are prohibited.

(b) You may not send unsolicited commercial email to Users.

(c) Protect your password. Your Media Partner Group account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for a Media Partner Group account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your Media Partner Group account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify Media Partner Group immediately of any unauthorized use of your account or password.

(d) Report inappropriate postings or conduct to Media Partner Group.

(e) You may not delete or revise any material posted by any other person or entity.

(f) If at any time Media Partner Group comes to the understanding that you: (i) misled Media Partner Group regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, Media Partner Group reserves the right to terminate your Agreement.

(g) We expect basic courtesy from all Jobseekers and Users whilst using our Site and/or Services. By accessing the Site and/or using the Services, you agree that you will not upload, post or transmit through the Site, anything that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; or (g) poses, in our sole opinion, a threat to personal or public safety.

Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorized processing of information. In respect of any personal data accessed or otherwise processed by a Customer as a result of access to the site or the Services, the Customer 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.

14.3 Security Rules:

(a) Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding”, “mail bombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

(b) Violation of these Security Rules may result in civil or criminal liability. Media Partner Group will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

15.1 Media Partner Group respects the intellectual property of others. It is Media Partner Group’s policy to respond to claims of copyright and other intellectual property infringement. Media Partner Group will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Media Partner Group may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Media Partner Group will terminate access for Users who are repeat infringers.

15.2 Notifying Media Partner Group of Copyright Infringement: To provide Media Partner Group notice of an infringement, you must provide a written communication to the attention of “Trust and Site Security” care of admin@mpgafrica.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

15.3 Providing Media Partner Group with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Media Partner Group with a counter notification by written communication to the attention of “Trust and Site Security” at admin@myjobszw.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

Please note that Sections 16, 17 and 18 below contain terms and conditions that apply to specific Services (Resume Database, Recruitment Search and Recruitment Analytics) and they are part of this Agreement if you are purchasing or using any of those specific Services or packages that include such Services (Sections 16 and 17 govern use of Standard Search and sections 16, 17 and 18 govern use of Search Pro).

Additional Terms in Connection with Use of Resume Database. If, in your Service Activation Agreement with Media Partner Group, you are purchasing Resume Database access, the following additional terms apply to you:

16.1 Media Partner Group grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the Media Partner Group Resume Database via the Sites for the purpose of viewing and/or downloading a single copy of available paper and/or video resumes (collectively “Resumes”) solely for your use.

16.2 The Resume Database is to be accessed and used solely by those Users whom you authorize to access the Resume Database through your account (each an “Authorized RDB User”). Each Authorized RDB User will be issued a unique Resume Database Seat (a “Seat”) through which they can perform the actions described in 16.1. Each Seat must be purchased in advance by you and may be accessed by using unique login credentials. You are only permitted to assign one Seat per Authorized RDB User and Authorized RDB Users may not share their login credentials or Seat access amongst themselves, with any other co-workers or with any other third parties.

16.3 Authorized RDB Users may download, one at a time, up to either 50 Resumes per day (per Seat) or 3000 Resumes per month (per Seat) depending on the Resume Database product purchased by you in accordance with the terms of your Agreement. Please note that the term “download” shall include: (i) viewing or clicking on a Resume page; (ii) saving a Resume to a folder; (iii) printing a Resume; (iv) copying a Resume; (v) emailing or forwarding a Resume; and/or (vi) any other action that results or could result in your use of a Resume or any of the information contained therein.

16.4 Neither you nor your Authorized RDB Users may use the Resume Database in any way which, in Media Partner Group’s sole judgment, adversely affects Media Partner Group’s business, business prospects, the performance or function of any Site or the Resume Database, or interferes with the ability of other subscribers to access the Resume Database. Further, use of the Resume Database by you or by your Authorized RDB Users may not interfere with or violate, in any manner, the privacy election of Media Partner Group Job Seekers. You understand and agree that any violation of section 16 will give Media Partner Group the right to immediately terminate any and all access to the RDB and to terminate any corresponding Agreements.

16.5 You and your Authorized RDB Users may use your subscription to the Resume Database only for seeking candidates for employment and are specifically prohibited from using information contained in the Resume Database to (i) sell or promote any products or services, (ii) send emails that, in Media Partner Group’s sole judgment, are excessive in frequency or contain job postings that are irrelevant to the work history of particular classes of Job Seekers or (iii) take any other action that is, in Media Partner Group’s sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation. Company understands and agrees that if Company uses the Resume Database in violation of the preceding restrictions, then Media Partner Group may, at its sole discretion, either terminate Company’s Agreement or transfer Company’s Seats from the Resume Database to the Targeted Resume Database (a database that only contains individuals whom Media Partner Group has identified as appropriate candidates for sales positions where the majority of the compensation is to be derived from commissions).

16.6 Media Partner Group may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Resume Database at any time. By permitting access to the Media Partner Group Resume Database, Media Partner Group does not convey any interest in or to the Resume Database or any other Media Partner Group property or Services. All right, title and interest in and to the Resume Database is and shall remain in Media Partner Group.

Additional Terms in Connection with Use of Recruitment Search Services. If, in your Service Activation Agreement with Media Partner Group, you are purchasing our Recruitment Search Services, the following additional terms apply to you:

17.1 Recruitment Search aggregates data from the open web by scanning professional networking sites, talent hubs, blogs, publications and journals, and scanning social networks to find talent. Recruitment Search may solely be used for candidate lead generation purposes and to make initial contact with possible candidates and must not be used to evaluate a job applicant’s eligibility for employment or a current employee’s eligibility for continued employment, reassignment or promotion. You are prohibited from reviewing profiles of persons who are employed by you or who have already expressed interest in employment with you outside of the Recruitment Search platform. Any information regarding a potential candidate that is obtained from Recruitment Search is largely derived from public sources and is not guaranteed or verified to be accurate or up to date. Accordingly, such information should not be maintained in the individual’s application file or in any subsequent employee file.

17.2 Media Partner Group grants Company a limited, personal, terminable, non-transferable, non-exclusive right to access Recruitment Search via the Sites for the purpose of viewing and/or downloading a single copy of available profiles (collectively, “Profiles”) solely for Company’s internal use. Recruitment Search is to be accessed and used solely by Company through its authorized Users. Company may download, one at a time, up to either 150 Profiles per day (per Recruitment Search user license). Please note that the term “download” shall include: (i) viewing or clicking on a Profile page; (ii) saving a Profile to a folder; (iii) printing a Profile; (iv) copying a Profile; (v) emailing or forwarding a Profile; and/or (vi) any other action that results or could result in Company’s use of a Profile or any of the information contained therein. In addition, if a search in Recruitment Search yields a Profile for a potential candidate who is part of the Media Partner Group Search Database, then the search will count against that Search Database Seat’s monthly download limit rather than the Recruitment Search Seat’s daily download limit.

Additional Terms in Connection with Use of Recruitment Analytics Services. If, in your Service Activation Agreement with Media Partner Group, you are purchasing any of our Recruitment Analytics Services, the following additional terms apply to you:

18.1 Use of Reports. Media Partner Group hereby grants you a limited, non-exclusive, non-assignable (except as otherwise provided in this Agreement), worldwide right and license to: (a) store and use any Recruitment Analytics Services for your internal management, reference or informational purposes, and (b) distribute copies of any reports generated by the Recruitment Analytics Services (each a “Report”), subject to the conditions that (i) such copies may be distributed only in printed or static electronic PDF format, (ii) in providing a copy of any Report to a recipient, you may not charge the recipient any kind of fee or other consideration, and (iii) you shall not remove or modify any branding, marks, copyright or trademark notices, or any other notices or disclaimers set forth in any Report without Media Partner Group’s prior written consent, or otherwise modify the Report in any way so as to falsely or otherwise misrepresent its content. Further, you may not issue press releases or make other public statements regarding any Report, or the contents or conclusions in same, without the express written consent of Media Partner Group.

18.2 Use of Your Data. If you have purchased Recruitment Analytics Services, then you may provide Media Partner Group with the names, addresses, telephone numbers, e-mail addresses, resumes and other personally identifiable information of Job Seekers sourced from your own files (“Job Seeker Data”). You hereby grant Media Partner Group a non-exclusive license to use, copy, modify, store, transmit and display Job Seeker Data solely to the extent reasonably required to provide and maintain the Services for Company’s use. Notwithstanding the foregoing, you understand and agree that Media Partner Group may derive Aggregate Data from the Job Seeker Data and may use such Aggregate Data in accordance with section 4.6.

Additional Terms

Should any paragraphs or provisions of this disclaimer be found to be invalid or unenforceable in any way, such clause or provision shall be deemed to be separate and divisible from the remaining paragraphs and provisions of the User Agreement, and the validity and unenforceability of the remaining paragraphs and provisions shall not be affected in any way.

Further terms and contracts apply for each separate service offering under the Digital Shop and individual Company stores hosted within our website. Kindly ask a Media Partner Group Customer representative for a copy of your needed service.

Governing Law

These Terms and Conditions shall be interpreted in accordance with English law and the Zimbabwean courts shall decide all disputes.