Payroll Services

Please read the terms (as hereinafter defined). If you (as hereinafter defined) do not accept them, kindly refrain from using the web site and service (both as hereinafter defined). The web site and service are offered to you on the basis of your unconditional acceptance without modification of the terms, conditions and notices contained in these terms. Use of the web site indicates your acceptance to be bound by these terms, conditions and notices. The web site and service is operated by myjobseye kenya ltd. (the "organisation") who may revise the terms (including but not limited to any charges associated with the services) without notice. You are responsible for regularly reviewing the terms. You should therefore visit this page periodically to keep yourself updated on the same.

1. Definitions and Interpretation
   
   1.1 In these Terms (including the paragraph above), unless the context otherwise requires the following terms shall have the following meanings:
   
   1. "Content" refers to Text, Graphics, Design, Document and Programming.
   2. "Design" refers to the colour combinations, page layout as well as the look and feel of the Site.
   3. "Document" refers to any posting on the Site.
   4. "Graphics" refers to all logos, buttons, and other graphical elements on the Site.
   5. "Job" means any assignment requiring a Person to either act as employee or consultant or to provide services.
   6. "Jobseeker" means a User who is accessing the Site to search for a Job.
   7. "Person" includes a natural person, body corporate, body unincorporated, trust, non-governmental organisation, governmental agency or other legal person.
   8. "Programming" includes both client-side code and server-side code used on the Site.
   9. "Employer" means a Person accessing the Site to post a Job for the purpose of seeking a Jobseeker.
   10. "Service" means the services provided from time to time on the Site by the Organisation.
   11. "Terms" means these terms and conditions as the same may from time to time be amended and includes any terms, conditions and notices contained in the Site generally.
   12. "Text" refers to all the information on every web page within the Site.
   13. "Users" means Jobseekers and Employers and all other persons (other than the Organisation) who access the Site;
   14. You" and "User", are used interchangeably to refer to any Person accessing the Web Site for any reason and includes any Person for whom such a Person may be acting and "Your" and "Yourself" shall be construed accordingly.
   15. "Web Site" or "Site", means www.myJobsEye.com in its entirety and its related web sites that are owned or operated by the Organisation or Persons affiliated to the Organisation and includes Content and Services.
   1.2 Unless the context otherwise requires in this Agreement (and the paragraph above) references to:
   
   1. words denoting the singular number shall include the plural and vice versa and reference to the masculine gender includes a reference to the feminine gender and neuter and vice versa;
   2. the definition of any document (including the Terms) shall be deemed to be a reference to such document as from time to time amended, varied, modified or replaced (in whole or in part) but disregarding any amendment, variation, modification or replacement taking place in breach of the Terms or such document;
   3. "tax" shall be construed so as to include any tax, levy, impost duty or other charge of a similar nature (including, without limitation, value added tax, stamp duty and any penalty or interest payable in connection with any failure to pay or any delay in paying any of the same);
   4. references to clauses and sub-clauses, unless otherwise provided, are to be construed as references to the clauses and sub-clauses of these Terms;
   5. references to the expression "month" mean a calendar month;
   6. costs, charges or expenses shall include any value added tax or other tax charged or chargeable in respect thereof;
   7. references to indemnifying any Person against any circumstances include indemnifying and keeping him harmless from all actions, claims and proceedings from time to time made against that Person and all loss or damage and all payments, costs and expenses made or incurred by that Person as a consequence of or which would not have arisen but for that circumstance;
   8. Technical terms used in this Agreement have the technical meaning ascribed to them; and
   9. Clause headings are for convenience only and shall not affect the construction of the Terms.
2. Conventional trademarks, service marks and copyrights protect the look and feel of the Site,and the Content.
3. You may not reproduce, modify, display, sell, distribute or use the Content (or any part of it) in any way other than as envisaged in the Site. This includes, by way of example only and without limiting the generality of the foregoing sentence, copying or adapting the HTML code used to generate web pages on the Site.
4. The Site is intended for Jobseekers in search of Jobs and for Employers seeking Jobseekers and for Users wishing to enjoy the Services.
5. If You are a Jobseeker, the Organisation hereby grants You a limited and non-exclusive right to access and use the Site only for Your personal use in seeking a Job for Yourself . If You are an Employer, the Organisation hereby grants You a limited and non-exclusive right to access and use the Site only for Your internal business use in seeking Jobseekers.
6. The Organisation reserves the right in its sole discretion to suspend or terminate Your use of the Site for any reason and at any time, without prior notice to You and without specifying the reason or reasons.
7. You agree that You will not use, plan, encourage or help others to use the Site for any purpose or manner that is prohibited by these Terms or by applicable law. Without prejudice to the provisions of clause 16, if You are not a natural person, You will be responsible for all the acts, omissions or defaults of Your employees or agents in connection with their use of the Site for any reason and You will not be entitled to argue that your employees or agents were acting beyond the scope of their duty or that they were acting illegally or in breach of Your rules and regulations to avoid liability for use of the Site in circumstances in which, but for the aforesaid circumstances, you would be liable to us.
8. The Site is solely owned by the Organisation and companies affiliated to the Organisation and except for the limited licenses expressly granted to You in these Terms, the Organisation reserves to itself all other right, title and interest to the Site.
9. The Organisation assumes no responsibility for documents posted by Users and no responsibility for the activities, acts, omissions or other conduct of Users. In addition, the Organisation (which is not a recruitment agency but through this Site is merely responsible for creating an opportunity for Jobseekers and Employers to establish contact) does not guarantee that documents posted by Users will result in Jobseekers being hired or positions being filled or that the jobs posted exist, and is not responsible for any employment decisions made for whatever reasons by any User.
10. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regard to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
11. The Site may contain images of and/or links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of the Organisation and the Organisation is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Organisation is not responsible for web casting or any other form of transmission received from any Linked Site nor is the Organisation responsible if the Linked Site is not working appropriately. The Organisation is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by the Organisation of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between You and the advertiser or other third party. The Organisation shall not be responsible or liable for any part of any such dealings or promotions.
12. The Organisation specifically prohibits any use of the Web Site for any of the following:
    
    1. Any unlawful purpose or any purpose prohibited by these Terms.
    2. Posting any incomplete, false, inaccurate or misleading data.
    3. Posting any franchise scheme, pyramid scheme, club membership scheme, scheme to recruit members for any organisation or activity (not in the nature of a Job), franchising or sub-franchising, distributorship or sub-distributorship or agency or sub-agency opportunities, or any business opportunity which requires an up front or periodic payment.
    4. Posting advertisements or solicitations of business which include, but are not limited to, Multi-Level Marketing (MLM), e-mail processors, club memberships or anything requiring a monetary investment by the User.
    5. Deleting or revising any material posted by any other User.
    6. Using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.
    7. Taking any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure.
    8. Disclosing Your password or account to any other Person.
    9. Using or attempting to use any engine, software, tool, agent or other device or mechanism such as browsers, spiders, robots, avatars or intelligent agents and others to navigate or search the Site other than the search engine and search agents generally available from the web, such as Netscape Navigator or Microsoft Explorer.
    10. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
    11. Aggregating, copying or duplicating in any manner any of the Content.
13. Access to the Site for Jobseekers is on a prepaid basis. Such access rights may be sold in such way as the Organisation may from time to time determine including, without limitation, through the use of scratch cards and credit cards. Jobseekers will purchase units (the price of which will vary from time to time as determined by the Organisation in its sole discretion). One unit will allow access to the Site for 1 day (or part thereof).
14. If You are an Employer, in consideration of the Organisation permitting You access to the Site (such permission being evidenced by the acceptance of Your user name and password) You irrevocably and unconditionally undertake that for so long as You use the Site You will not use any other online site providing a similar service in Kenya.
15. The Organisation will not be liable under any circumstances and in any manner whatsoever (even if such circumstances arise as a result of the fault of the Organisation) to any User if the Site is not accessible for any reason. The Organisation shall be entitled to remove the Site from the internet without any notice to Users.
16. Access to the site and use of the Service other than for the legitimate purposes permitted by the Terms is prohibited. In particular but without prejudice to the generality of the foregoing, you are not permitted to use any Document (or any information in any Document) to solicit either directly or indirectly or to provide other persons with such information.
17. Your Document:
    
    1. Should not contain URLs or links to other web sites (excluding Your own).
    2. Should not contain copyrighted material (unless You own the copyright or have the owner's permission to post the copyrighted material).
    3. Should not contain trade secrets (unless You own them or have the owner's permission to post them).
    4. Should not contain material that infringes on or misappropriates any other intellectual property rights or violates the privacy or publicity rights of others.
    5. Should not contain anything that is against any applicable law to publish or that is embarrassing or offensive to another Person or entity or sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive or hateful.
    6. Should not impersonate a living or dead person.
    7. Should not contain incomplete, false, inaccurate or misleading information, chain letters or pyramid schemes.
    8. (if You are an Employer) must contain sufficient detail to convey clearly to Jobseekers the nature and requirements of the Job opportunity or (if You are a Jobseeker) Your qualifications as a candidate for the Job.
    9. Should not allow or encourage a User to e-mail for more details or otherwise communicate with You other than by use of the channels of communication provided or recommended on the Site.
    10. Should not require a User to pay a fee for access to any information related to a Job.
    11. Will not contain respondants for over a week. All applicants must receive feedback within a week of them applying. In other words, you must move all applicants to either Possible Interest, Interested - call, Interested E-mail or Not Interested within 7 days of them applying to Your Document.
18. The Organisation does not as a matter of policy monitor Documents and is under no obligation to do so. However, the Organisation may monitor Documents at random. Documents found to violate the above posting rules may be removed by the Organisation without notice to the Person posting such Document and without the Organisation being liable to such Person in any manner whatsoever.
19. You may not send unsolicited email to Users.
20. Protect Your password. You are responsible for maintaining the confidentiality of Your account and password. 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 Site, You risk losing Your access to the Site and You could be held liable for losses incurred by the Organisation or another party due to someone else using Your account or password. The Organisation will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. You agree to notify the Organisation immediately of any unauthorized use of Your registration and password.
21. Users should report to the Organisation any inappropriate postings, Documents or conduct that they notice within the site. The Organisation whilst being under no obligation to monitor the postings, Documents or conduct of the Users may investigate and respond as it deems necessary when violations are reported.
22. You may not delete or revise any material posted by any other Person.
23. By posting any information on this Site, You should be aware that it will become available on the Internet and can be accessed by authorized users of the Site who in turn have the liberty to appropriate the information.
24. The Organisation reserves the right at all times to disclose any information as the Organisation deems fit to satisfy any applicable law, regulation, legal process or governmental request. The Organisation also reserves the right at all times to edit, refuse to post or to remove any Document, in whole or in part at the Organisation's discretion.
25. The Organisation reserves the right to use information relating to Employers who have hired using the Site, and Jobseekers who have found employment, or been offered employment through the site for marketing purposes.
26. Jobseekers by placing Documents on the Site:
    
    1. Authorise the Organisation (in its sole discretion and without being under any obligation to do so) or its nominee to attempt to verify statements of facts stated in the Documents (including, for example, the identity of Your previous employers, dates of employment or academic institutions attended);
    2. Authorise the Organisation or its nominee to disclose to Employers whether or not the Organisation has been able to verify such statements of fact; and
    3. Accept that when undertaking such verification process the Organisation or its nominee will be relying solely on answers provided by third parties and not on any independent investigations and, accordingly, neither the Organisation nor its nominee will be liable to You in any manner whatsoever if the Organisation or its nominee are unable to verify a particular statement of fact even though such statement may be true.
27. Users are prohibited from violating or attempting to violate the security of the Site, including, but not limited to:
    
    1. Accessing data not intended for such User or logging into a server or account that the User is not authorized to access.
    2. Obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Site.
    3. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures.
    4. Attempting to interfere with the Service to any User, host or network by submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing" the Site or doing or causing to be done anything that could damage, disable, overburden or impair the Site or the network connected to the Site.
    5. Forging any TCP/IP packet header or any part of the header information in any e-mail or news group posting.
28. Violation of these security rules may result in civil or criminal liability. The Organisation 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 violation.
29. You shall keep the Organisation indemnified at all times in respect of any breach of your obligation under the Terms.
30. By using this site You agree and acknowledge that the Organisation's obligations and liabilities in respect of any business undertaken by the Organisation pursuant hereto (whether in respect of the provision of the Service or otherwise howsoever) are exhaustively defined herein. You also agree and acknowledge that the express obligations undertaken by the Organisation pursuant hereto are in lieu of and to the exclusion of any other warranty, condition, term, undertaking or representation of any kind, express or implied, statutory or otherwise relating to the matters undertaken by the Organisation pursuant to or in connection with the Terms. Without prejudice to the foregoing, the Organisation or any of its third party suppliers shall not be liable whatsoever to You provided that if the Organisation or any of its third party suppliers, shall at any time be held liable to you for any loss or damage suffered by You as the result of You using the Site, their liability shall be limited to the amount (if any) payable by You as monthly access fees to the Site and excludes any loss of future earnings, profit or prospects or any consequential or speculative loss or any collateral, exemplary, punitive, indirect, incidental, naturally resulting or consequential losses or damages including without limitation, loss of goodwill, loss of profits or revenues, loss of savings, loss of use or interruptions of business, special or consequential loss, damage, cost or expense of any kind whatever and however caused whether arising under contract, tort or otherwise even if the Organisation has been advised of their possibility.