For the purposes of these terms and conditions, users who post jobs online will be known collectively as "organisations" or individually as an "organisation". Users who use the site to find work will be known collectively as "professionals", or individually as an "professional".
Our site is a venue on which organisations active in the internation development sector can advertise their available jobs, and on which professionals can search for, review and apply for availble jobs. The jobs advertised must not be against any applicable law, or contrary to any aspect of these terms and conditions. We take no responsibility for the truth or accuracy of any job description. We take no responsibility for the ability of any expert to complete any aspect of a job that they apply for. Do not assume that jobs or any related activities are legal, simply because they are listed on our site. Users accept the sole responsibility for the legality of their actions under laws applying to themselves.
In order to register for a organisation account, users must be over the age of 18. We reserve the right to limit the access of any user that we consider suspect, acting in bad faith or under the guise of a false identity or any other reason.
Users must not post online or apply for any jobs which are prohibited by Law, or which do not conform to our own regulations. Our site is intended to make it easier for organisations to find quality international development professionals at reasonable, market dependant prices.
If you post a job advert online, you must ensure that you are legally able advertise, and hold to the contract as you have described it. You must describe your job and all terms in the description field of you job listing. Your listings may only include text descriptions relevant to the job. The user who places a job online is responsible for ensuring that he or she has the right to use all content in the listing and we have the right to host it on servers. All jobs must be listed in the appropriate categories.
As a Professional, you must ensure that you are legally able to apply for the relevant job. In addition, you must ensure that you are legally able to perform the work specified in the job advert. Job seekers should exercise caution when applying for jobs, especially if an organization asks for any fees. If you are suspicious of a job posting, let us know at help@TheNewEU.com
In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Smithtec Limited (and our directors and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
We do not control the information provided by other users, which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that Smithtec Limited is not responsible for the acts or omissions of users on the Site.
Professionals may apply for jobs via the site for free. Professionals may also receive email alerts about new jobs of interest for free. All users remain responsible however for the costs of accessing our site.
Organisations are charged a subscription fee for membership of the Site. We reserve the right to change this fee without notice in the future. Subscription fees must be paid in advance and can be purchased securely using credit or debit card via the Paypal payments system. Subscription fees are not refundable. Special offers may be available when purchasing subscriptions. We reserve the right to change these special offers without notice. Paypal will send a receipt of payment automatically by electronic mail.
Your information constitutes any information you provide to us or other users in relation to the TheNewEU service including registration, job listings or the commenting and reply processes. You are solely responsible for your information. We merely distribute and publicise relevant parts of the information via channels, which we reserve the right to change without notice.
Your Information and your activities on our Site must not, be false, inaccurate or misleading, offensive, menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights. Your information must not infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy, be fraudulent, be in breach of any applicable laws or regulations (including, but not limited to, consumer protection, unfair competition, anti-discrimination, false advertising), be obscene, indecent or contain pornography. Your information must not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. Your information must not link directly or indirectly to any other website. Your information may not contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information. Your information may not cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
To enable us to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without our prior written permission and the appropriate third party, as applicable and that you will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; You agree not to bypass measures we may use now or in the future to prevent or restrict access to the Site. We do not authorise you to extract, copy or re-utilise any parts of our Site.
When professionals apply for jobs featured on the site, they should send an email to the address specified on the job description page. Professionals may only use this contact information or any other contact information obtained through a TheNewEU-related communication for TheNewEU-related communications that are not unsolicited commercial messages and relate to your genuine participation in our site. Furthermore you may only use this information for any other purpose in the case that the user expressly agrees to after adequate disclosure of the purpose(s). In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. We do not tolerate SPAM or unsolicited commercial communications and neither do our users. You agree that you shall not add an employee of Smithtec limited or an TheNewEU user, to your mailing list (email or physical mail) without their express written consent after adequate disclosure. To report SPAM from another TheNewEU user, please send a mail to help@TheNewEU.com
Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you if you breach these terms and conditions or the documents incorporated by reference or we are unable to verify or authenticate any information you provide to us, or we believe that your actions may cause us financial loss or legal liability.
We (and our directors and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Nothing in these terms and conditions shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these terms and conditions. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you. We (including our directors and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment. Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to a job listing (as a bidder or a job owner) or other service offered giving rise to liability, and (b) £100.
You agree to indemnify and hold us and (as applicable) our directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these terms and conditions (including the documents incorporated by reference), or your violation of any law or the rights of a third party.
Unless otherwise explicitly stated, notices to Smithtec Limited must be sent by registered mail to Smithtec Limited, 76 Feversham Avenue, Bournemouth, Dorset, BH8 9NJ, UK, and notices to you will be sent to the email address that you provide to us during the registration process (receipt is deemed 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
These terms and conditions shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts. Please note, that your country (and/or that of any user you deal with) may have laws, which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later). The laws of your country may be different from English law, including laws governing what can jobs can be legally advertised or bid on. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on jobs. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
Disputes between you and us regarding our services may be reported to our Customer Support. We encourage you to report all disputes between users to your local law enforcement body.
A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions but this does not affect any right or remedy of a third party specified in these terms and conditions or which exists or is available apart from that Act.