Terms and Conditions
Terms of Contract
Welcome to www.jobcoconut.com. By signing up to one of the Customer Packages online or by submitting a Completed Contract Form you agree to be bound by these terms of contract and all policies referred to in this Contract, each as may be modified from time to time.
If you do not agree to the Terms of this Contract you may not use or access the Service.
1.1 This Contract is between any person or entity which subscribes to the Services (“You”) and HAC Recruitment Solutions Limited (hereinafter referred to, as the Company) trading as Job Coconut, a company incorporated and registered in Ireland with company number 483561 whose registered office is at Anglesea Mills, 9 Anglesea Row, Dublin 7, County Dublin, ROI.
2 Application of the Contract
2.1 Please read this Contract carefully. This Contract, along with any other policies or guidelines posted on this Website, shall govern your use of the Services.
2.2 By completing the Contract Form and returning it to the Company, You represent and warrant that You have read, understand, have the legal capacity to, and hereby agree to be legally bound by this Contract and the Contract Form.
2.3 The Company is permitted to make changes to this Contract and any other policies or guidelines by notifying You via the contact details You have provided on the Website and/or by publishing the changes at the Website. Continuing to use the Services indicates that You fully accept the changes to the Contract. Such modifications shall become effective immediately upon their being posted on the Website. Therefore, We encourage You to check the date of our terms and conditions whenever You visit this Website to check if they have been updated.
3.1 The definitions and rules of interpretation in this clause apply in this Agreement (including the clauses set out above):
“Advertisement” shall mean all advertising material or promotional material supplied by the Customer for placement on the Website.
“Agency” shall mean a person, partnership or limited company carrying on the business of an employment agency or a recruitment agency.
“Client”, “Customer” and “User” shall all be interchangeable as any person(s) who access the Job Coconut website, and/or any person or body corporate to whom the Services are provided.
“Charges” shall mean the fees and any other applicable charges payable by the Customer for the provision of the Services.
“Commencement Date” or “Subscription Start Date” shall mean the date as contained on the Contract Form .
“Confidential Information” shall mean all information provided in relation to accessing the Services including, amongst other things, any and all data uploaded by you in order to use the Services;
“Contract” shall mean these terms of contract, together with the terms of the relevant Customer Package or, where relevant those set out in the Contract Form
“Contract Form” shall mean the form attached to this Contract to be completed by You and returned to the Company.
“Contract Period” shall mean the period between the Subscription Start Date and the Subscription End Date as set out in the Contract Form.
“Customer Package” the relevant service package which the Client chooses to sign up to when it submits an application online to join Agency.
“CV” shall mean curriculum vitae.
“CV Search Facility” shall mean the facility provided by the Company through the Website which allows the Customer to search the Company’s database of Jobseeker’s CV’s and résumés and which are then made available to the Customer in accordance with these Conditions.
“Party” shall mean a party to these Conditions (and “Parties” shall be construed accordingly) and shall include its successors in title and permitted assignees.
“Services” shall mean any related services agreed in writing which are to be provided by the Company to the Customer in accordance with these Conditions.
“Jobseeker” shall mean any person who uses the Website in order to find potential employment or otherwise, and who may upload their CV onto the Website and create an individual profile of themselves, which may include personal information which will be accessible to the public.
“Website” shall mean the website operated by the Company and known as www.jobcoconut.com which includes a variety of features and Services, including but not limited to the CV Search Facility, an online service to post and search employment opportunities, advanced search facilities.
3.1 Clause, schedule and paragraph headings do not affect the interpretation of these Conditions, and a reference to a clause or a schedule is a reference to a clause of, or a schedule to, these Conditions. A reference to a paragraph is to a paragraph of the relevant schedule. For these purposes the schedule shall be the contract entered into between the Company and the Customer, as amended from time to time. The order form refers to the first page of this document.
3.2 A person includes a natural person, a corporate or unincorporated body, undertakings, or partnerships (whether or not having a separate legal personality) and is irrespective of jurisdiction in or under the law it was incorporated or exists.
3.3 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular, and a reference to one gender includes a reference to the other genders, and references to the words “including” or “include” are deemed to have the words “without limitation” following them.
3.4 A reference to a particular statute, statutory provision or subordinate legislation is a reference to it as it is in force from time to time taking account of any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts and subordinates legislation for the time being in force made under it.
3.5 Any obligation in these Conditions on a person not to do something includes an obligation not to agree or allow that thing to be done by any other third party.
3.6 ALL INFORMATION CONTAINED WITHIN THIS DOCUMENT AND THE DOCUMENT ITSELF is PRIVATE AND CONFIDENTIAL, any unauthorised copying, printing and/or distributing is strictly prohibited. Should you come across this document by mistake please return to Job Coconut. If it is in electronic form please delete immediately and notify Job Coconut.
4.1 To become a registered user, you must provide a password and a login name. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name. You may change your password at any time by following instructions on the Website. You may also change your login by contacting customer service. You may also delete Services attached to your registration at your convenience.
4.2 The Company has the right to modify or discontinue, temporarily or permanently, the Services, and /or to refuse or restrict anyone from access to any of the Services, with or without notice and at our sole discretion. The Company shall not be liable for any modification, unavailability, disruption, suspension or discontinuance of any Services.
4.3 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify the Company.
5. Third Parties
5.1 The Company is not and will not be affiliated with any person, group, people or company, unless expressly stated by the Company itself. No person has the right to use Job Coconut’s name or the name of its associates unless expressly advised by the Company. This also includes pictures, videos, drawings, writings and any other media created by the Company and/or its associates.
5.2 All advise/comments/opinions/answers/articles/blogs/text presented on the Website /publishing’s, by any person which may be associated with the Company, are the opinions of and suggestions from that person. The Company and/or any of its direct associates shall not be held liable for the reliability or unreliability of any such opinion or suggestion. The contents of these pages are provided as an information guide only. Any information presented by the Company is relied upon at the readers own risk.
5.3 Any messages posted, by third parties, on any message board on the Website are in no way the opinions of the Company or its affiliates and should not be considered to be so. The Company will be, in no way liable for any such comments. There may be links and resources to and from other websites which is purely for information purposes. However, the Company does not endorse any of the sites linked to/from our site nor do we stand warranty to the quality or credibility of the additional resources provided in the site.
6 Limitation of Liability
6.1 This clause 6 sets out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to You in respect of:
a) any breach of this Contract;
b) any use made by You of the Services or any part of them; and
c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Contract.
6.2 Except as expressly and specifically provided in this Contract:
a) You assume sole responsibility for results obtained from the use of the Services by You, and for conclusions drawn from such use. The Company shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to the Company in connection with the Services, or any actions taken by the Company at Your direction;
b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Contract; and
c) the Services are provided to You on an "as is" basis.
6.3 Nothing in this Agreement excludes the liability of the Company:
a) for death or personal injury caused by the Company’s negligence; or
b) for fraud or fraudulent misrepresentation by the Company.
6.4 Subject to clause 6.2 and clause 6.3:
a) The Company shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement; and
b) The Company’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to €100.
7.1 You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of the Website.
8.1 You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of the Website.
9 Proprietary Rights
9.1 Trademarks, copyrights and other relevant intellectual property rights exist on all text, names/logos, coding and unique technologies relating to the Company’s services and the full content of the Website. Without prior written consent you are not permitted to copy, recreate, reproduce, distribute or publish any such content of the Website.
9.2 The Company shall be entitled to use the Customer’s logo and any other necessary intellectual property of the Customer in so far as the use thereof is required for the Company to provide the Service for the Customer.
10 Customer's Obligation
10.1 Jobs posted on the Job Coconut website must be for real and actual jobs, with all details being correct. The Company reserves the right to review, edit, remove and permanently delete any material or post put up by any user of the site which is in contravention of any legislation or regulations in force from time to time. The Company may discontinue displaying any customer information which the Company may consider to be contrary to the best interests of the Company. There shall be no refund if any Customer information is refused or removed from display from the Website. We will however, endeavour, to provide notice of any such changes but this might not always be possible.
11.1 Unless otherwise stated by contract the Company does not provide any guarantees as to the Services and the amount of responses/applicants a job posting may have.
12 Company's Obligation
12.1 The Company strives to provide the best possible service to our customers/clients. However, the Company provides no guarantee that the Services available through its Website will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that the Company cannot and does not guarantee or warrant to you that files available for downloading through the Website or delivered via electronic mail through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
13 Payment, Fees and Charges
13.1 The Fees payable shall be those specified in the relevant Customer Package or those set out in the bespoke Contract Form.
13.2 Payment for the Services will be made according to the payment terms specified relevant Customer Package or in the Contract Form.
13.3 All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the Client shall be additionally liable.
13.4 The Company will provide invoices to each Customer in accordance to the terms of the Customer Package or as set out in the Contract Form. Liability for payment arises from provision of the Services. Further, all items on the invoice are deemed to be payable and any errors or omissions must be communicated to the Company in time to be rectified before payment becomes due.
13.5 Unless otherwise stated by contract, with regards to all “Paid For” services provided by the Company, we operate a no refunds policy. This in no way affects your statutory rights. If you seek a refund a request must be put in writing (addresses found at the end of this agreement), it will be at the sole discretion of management to grant such a refund.
13.6 Unless otherwise stated on the Contract Form, all Fees shall be payable by the Customer to the Company on the date of the invoice and are non-refundable.
13.7 Should the Customer wish to cancel the Service provided under the Contract at any time during the Period, no part of the Fee is refundable to the Customer.
13.8 All Fees quoted for the Service by the Company are valid for one month only from the date of the quote having been given to the Customer. The Fee is only valid for the relevant Contract which is quoted for. Any subsequent agreement entered into between the Customer and the Company must be negotiated separately and therefore a different fee may apply.
13.9 If the Company does not receive payment by the due date as set out in the invoice, the Company shall be entitled (without prejudice to any other remedies) to charge interest on all sums outstanding after the due date on a daily basis at the rate of 4% above the prevailing EURIBOR rate. This term is in line with EU Law.
13.10 The Customer shall be liable for any legal or other costs incurred by the Company in pursuing any outstanding Fees or interest on late payment of Fees of the Customer.
13.11 If the Fee has not been received within thirty days of the date of the invoice, then the Company may cease the Service provided to the Customer under the Contract.
14.1 Job Coconut shall be entitled to make changes to the presentation, layout and functionality of the Job Coconut website at any time.
14.2 Job Coconut shall be entitled to change the prices or products on the Job Coconut website at any time.
15 Data Protectio
15.1 The Customer shall ensure that any information placed on the Website by the Customer shall comply with the requirements of the Data Protection Acts, 1988 to 2003, as amended from time to time, or any other applicable data protection laws. The Company and the Customer acknowledge that for the purposes of the Data Protection Acts, 1988 to 2003, as amended from time to time, the Customer is the data controller and the Company is the data processor in respect of any personal data.
15.2 The Company and the Customer agree that, (i) where the user directly responds to information submitted by the Customer on the Website or (ii) when a Customer chooses to contact a registered user directly through their client account ; then the Company processes that information on behalf of the Customer and:
15.2.1 it does so as agent of the Customer
15.2.2 it shall act on the reasonable instructions from the Customer; and
15.2.3 it has in place appropriate technical and organisational security measures against unauthorised or unlawful processing of any personal data and against accidental loss or destruction of, or damage to, personal data.
16.1 Failure of the Company to enforce any of the provisions set out in this Contract shall not be construed as waiver of such provisions and shall not affect the validity of this Contract or of any of the Conditions contained herein.
16.2 If any provision of this Contract is held to be invalid by a relevant court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
16.3 This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of Ireland.
16.4 The parties irrevocably agree that the courts of Ireland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
16.5 The Customer shall not, without the prior written consent of the Company, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
16.6 The Customer shall ensure that any information placed on the Website by the Customer shall comply with the requirements of the employment equality legislation in force from time to time including without limitation the Employment Equality Acts, 1998-2011.
16.7 If there is a breach of the Contract or these Conditions, or if the Customer provides false or misleading information on the Website, or breaches any data protection requirements, the Company may cease the Service immediately. The Customer shall take reasonable steps to ensure the reliability of all its employees who have access to personal data of any person that submits information to the Customer via the Website, or any registered user of the Website.
16.8 The Company provides the Service to enable the Customer to search for suitable potential employee profiles. The Company does not guarantee suitability or availability of potential employees. The Customer may select a potential employee based on its requirements and the consent of the potential employee through direct contact with the potential employee.
16.9 If there is a conflict between the Contract Form and these Contract Terms, then the Contract Form prevails.
17 Use of the Website’s CV Database;
17.2 The Company and the Customer agree that where the Customer accesses and uses any information submitted by a registered user of the Website then it shall only process that information for the purposes of evaluating whether or not the registered user of the Website is a suitable candidate for a vacant position which the Customer or the Customer's customer has at that time, and to contact that person to communicate with that person with regards to such a vacancy. Until the point at which the Customer contacts the registered user (at which time the Customer shall become a data controller) the Customer:
17.2 Shall ensure that it has in place appropriate technical and organisational security measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
18 House Rules for Posting on Job Cococonut
18.1 These rules are all intended to make the Website easier to use, thus attracting more jobseekers to fill your jobs.
18.2 By enforcing these rules, we provide a level playing field for all recruiters using our service while at the same time increasing the long term benefits you will reap from your subscription with the Company
18.3 The title should reflect / summarise the job description. It is to no-one’s advantage if a jobseeker has to unnecessarily click on a title to find that a job description is unsuitable.
18.4 Job titles cannot use any term(s) which could be construed as discriminatory. For example, when referring to an proficiency and/or fluency in any language please do not use terms such as “native speaker” or “mother tongue”.
18.5 References to specific countries should be limited to the location of the job and/or the proficiency/fluency of the candidate in a particular language.
18.6 Jobs should not use excessive CAPITAL LETTERS or **** Punctuation!!!!
18.7 Jobs should not be cloned more than once per week. This is to ensure that jobseekers who receive our jobs by email will not find the job to have expired in that time.
18.8 Jobs should only appear once in the listings. Do not post the same job twice, even if it is rephrased.
18.9 Expire/Archive the job posting as soon as it is filled. (Or let us know and we will do it.)
18.10 If you are recruiting in order to build a panel of CVs for a position that is not at that moment vacant, this should be made clear in the job description.
18.11If there is a cost involved to the jobseeker at any stage in the process of getting the job advertised, that must be explained in the advertisement.
18.12 The Customer must take care that a job is advertised in the right categories and regions. In particular avoid misusing the Miscellaneous section.
18.13Avoid generic job advertisements such as “TEMPS, TEMPS, TEMPS” or “Legal, Legal, Legal”.