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MY JOBS IN KENYA TERMS AND CONDITIONS

TERMS AND CONDITIONS – MyJobsinKenya.com

Welcome to MyJobsinKenya.com. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use which govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

DEFINITION AND INTERPRETATION

In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Affiliate” means, in relation to either of the Parties, any company or entity which directly or indirectly controls, is controlled by, or is under common control with such party.

“Applicable Laws” means, all legislation, statutes, regulations, directives, orders, notices, promulgations and other decrees of any authority, which have force of law in Kenya and as amended, replaced, re-enacted, restated or re-interpreted from time to time.

“Candidate” means a job seeker or any person introduced by MyJobsinKenya.com to the employer for an engagement.

“Data Protection Act/ Laws “means the Data Protection Act Kenya No. 24 of 2019.

“Employer” means, any person, firm, organisation or company, including any company or subsidiaries to whom a candidate is introduced.

“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. For the avoidance of doubt, Personal Data has the meaning as set forth in the applicable Data Protection Laws (and any regulations issued thereunder);

“Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized transfer, disclosure of, or access to, Personal Data transmitted, stored or otherwise processed;

“Services” means the employment agency services provided by MyJobsinKenya.com to the employer as set out in these terms and conditions.

“Website” means MyJobsinKenya.com

CONTRACT

Any individual and all business entered into by MyJobsinKenya.com is subject to these terms and conditions and in the event of any conflict with any other terms and conditions, these terms and conditions shall prevail.

CANDIDATE INFORMATION

When the candidate creates an account with MyJobsinKenya.com, they must provide MyJobsinKenya.com with information that is accurate, complete, and current at all times. Failure to do so constitutes to a breach of the Terms, which may result in immediate termination of the candidate’s account.

The candidate is responsible for safeguarding the password they use to access the services and for any activities or actions under the candidate’s password, whether their password is with MyJobsinKenya.com service or a Third-Party Social Media service. The candidate agrees not to disclose their password to any third party. The candidate must notify MyJobsinKenya.com immediately upon becoming aware of any breach of security or unauthorized use of their account. The candidate may not use as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than the candidate without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

VACANCY NOTIFICATIONS

By registering on the website, candidates agree to receive emails from MyJobsinKenya.com relevant to responsible recruitment, and service updates. Candidates have the option to ‘opt-out’ from receiving marketing emails.

SAFEGUARD

A candidate’s CV is provided in strict confidence to the employer only for its information. The employer undertakes to keep all personal information relating to the Candidates in strict confidence and not to disclose such information to any third parties without the prior written consent by MyJobsinKenya.com. Direct references on the Candidate may only be requested by the employer upon the prior written consent by the Candidate.

APPLICATIONS

Some of MyJobsinKenya.com job postings allow you to complete and submit your application on the website. The website provides this service by working directly with an employer or by searching the Internet for the best contact information the website can find for an employer. When the candidate clicks the "Apply" button to submit an application on MyJobsinKenya.com, MyJobsinKenya.com sends the candidate’s application to the most appropriate contact information MyJobsinKenya.com have on file for that employer. While MyJobsinKenya.com endeavors to make this service the best it can be, employer websites are not controlled by MyJobsinKenya.com, and thus cannot guarantee that candidate applications will be properly received and logged by the third-party employer website upon transmission. If the candidate has any reason to think their application was not received by an employer, MyJobsinKenya.com suggests that the candidate contact them directly to confirm. MyJobsinKenya.com does not guarantee the identity of an employer or any individuals working for any employers, and cautions candidates when applying to jobs. MyJobsinKenya.com tries to verify the authenticity and/or validity of a job by employer by taking down the organisation information to verify the validity of a job offer before taking an adverse action regarding their current employment situations. The candidate is solely responsible for verifying the accuracy of any employer or job offer.

DATA PROTECTION
The candidate hereby consents, acknowledges and agrees to the collection, use, processing and transfer of personal data as described in these terms and conditions. The candidate confirms and understands that he/she is not obliged to consent to such collection, use, processing and transfer of personal data. However, the candidate understands that failure to provide such consent may affect the effective operation of his/her MyJobsinKenya.com Account.
All personal data contained in these terms shall be processed in accordance with the Data Protection Act of Kenya No. 24 of 2019 hereinafter referred to as the “DPA”. The terms “Personal Data”, “Consent”, “Data Controller”, “Data Subject”, “Data Processor” and “processing” used in this clause 7 have the meaning given in the DPA. “Employer Data” means any Personal Data (other than Personal Data related to the Candidate) held and processed by the Employer, whether as a data controller or data processor.
Each Party shall comply with the provisions and obligations imposed on them by the DPA when processing Personal Data under these terms.
The Parties acknowledge that for the purposes of the DPA, each Party shall be considered to be a Data Controller with respect to Personal Data processed in connection with these terms.
To the extent that a Party processes any Personal Data on behalf of the other Party, the processing Party shall:
comply with the provisions and obligations imposed on a processor by the DPA; and
not disclose any Personal Data to any Data Subject or to a third party other than at the written request of the other Party or as expressly provided for in this Agreement.
If either Party receives any complaint, notice or communication which relates to the processing of Personal Data by the other Party or to either Party’s compliance with the Data Protection Laws, or if any Personal Data processed in connection with this terms and conditions is subject to a personal data breach (as defined in the DPA), it shall immediately notify the other Party and provide the other Party with reasonable co-operation and assistance in relation to any such complaint, notice, communication or personal data breach.

The Employer warrants and undertakes that:

It shall be responsible for notifying the Candidate of its fair processing information and securing any personal undertakings from the Candidate as the Employer may require in relation to the Candidate’s access to and processing of Employer Data. MyJobsinKenya.com shall not, unless otherwise agreed in writing by the Parties, be responsible or liable for:

ensuring that the Candidate receives the Employer’s fair processing information; or
ensuring that the Candidate receives notice of the Employer’s fair processing information; or
securing any consents, the Employer may require from the Candidate in relation to the processing of the Candidate’s personal data; or
ensuring that the candidate processes Employer Data in accordance with applicable Data Protection Legislation;
MyJobsinKenya.com shall not be involved in the processing of Employer Data; and

where the Candidate has access to or otherwise processes Employer Data, the Employer’s data processing policies shall apply to such processing.

The Employer shall do nothing to place MyJobsinKeya.com in breach of Data Protection Legislation.
The Employer shall indemnify MyJobsinKenya.com for any losses MyJobsinKenya.com incurs or suffers arising from any breach of the Employer’s obligations under this clause.
LINKS TO OTHER WEBSITES

MyJobsinKenya.com may contain links to third-party web sites or services that it does not own or control. MyJobsinKenya.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. The candidate further acknowledges and agrees that MyJobsinKenya.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. MyJobsinKenya.com strongly advises candidates to read the terms and conditions and privacy policies of any third-party web sites or services that they visit.

LIABILITY

With the exception of death or personal injury or fraud, MyJobsinKenya.com shall not be liable or responsible for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by the employer, howsoever caused or arising as a result of the introduction of a candidate to the employer by MyJobsinKenya.com, the engagement of an employer introduced by MyJobsinKenya.com, the failure of MyJobsinKenya.com to introduce any candidate to the employer, or otherwise arising out of or in connection with the services or any agreement for the services between MyJobsinKenya.com and the employer.

INDEMNITY

The employer shall indemnify MyJobsinKenya.com against any costs, liability, damages, loss, claims or proceedings, incurred directly or indirectly by MyJobsinKenya.com which may arise out of the employers use of the services or out of any breach by the employer of any of these terms and conditions.

FORCE MARJEURE

No Party shall be liable to the other in respect of the non-performance of any of the provisions of this Contract in the event and to the extent that such non-performance is the direct result of or has been directly caused by force majeure. For the purposes of these terms and conditions, “Force Majeure” means an event which could not reasonably have been avoided by a diligent Party in the circumstances, which is beyond the reasonable control of a Party and which makes a Party’s performance of its responsibilities hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances and includes, but is not limited to, pandemics, war, invasion, act of foreign enemy, mutiny, riots, military rising, insurrection, rebellion, revolution, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, terrorist activities, lockouts or other industrial action, terrorist acts, confiscation, nationalization, requisition or destruction to property, or any other action by government agencies, suspension or interruption of supply of electricity or telecommunication systems, malfunction, technical failure or power source failure or curtailment of transportation services or utilities during the events described in this clause.

CONFIDENTIALITY
1. The Parties acknowledge that all Confidential Information is and will remain at all times the property of the relevant Party.

12.2 The Parties shall use Confidential Information only for the purposes of performing each of their respective obligations pursuant to this terms and not for any other purposes. The Parties covenant and agree to hold in strictest confidence and to exercise the utmost diligence to maintain the confidentiality of any Confidential Information or any other information as to the affairs, dealings and concerns of the other Party. The Parties shall use their best endeavors to prevent the publication or disclosure of the same to any third party other than where such disclosure is required by any governmental or regulatory authority, order of court, or otherwise required under any applicable law, and shall not, without the prior written consent of the other Party;

use for the benefit or purposes of other third party, any Confidential Information; or
directly or indirectly reveal, furnish, divulge or otherwise make known; or available to any third party, any Confidential Information.

12.3 The Parties acknowledge and agree that their obligations under Clauses 12.1 to 12.2 are reasonable and necessary for the protection of each other’s business interests.

This Clause 12 shall survive and shall not be affected by the termination for whatever reason, or expiry of this agreement.

RELATIONSHIP OF PARTIES

Nothing in these terms and conditions shall create a partnership or agency or the relationship of employer and employee or other relationship between MyJobsinKenya.com and the Employer.

THIRD PARTIES

No provision of these terms and conditions shall confer any benefit on or be enforceable by any person who is not a party to these terms and conditions under the contract.

MODIFICATION (CHANGES TO THESE TERMS AND CONDITIONS)

MyJobsinKenya.com reserve the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, MyJobsinKenya.com will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at MyJobsinKenya.com sole discretion. By continuing to access or use the website after those revisions become effective, the candidate agrees to be bound by the revised terms. If the candidate does not agree to the new terms, in whole or in part, they are advised to stop using the website and the services.

"AS IS" and "AS AVAILABLE" Disclaimer

The website is provided to the candidate "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. Neither MyJobsinKenya.com nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose.

The candidate acknowledges that such information and materials may contain inaccuracies or errors and MyJobsinKenya.com expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

The use of any information or materials on this website is entirely at the candidate’s own risk, for which MyJobsinKenya.com shall not be liable.

It shall be the responsibility of the candidate to ensure that any products, services or information available through this website meets their specific requirements.

Neither MyJobsinKenya.com nor any of its provider makes any representation or warranty of any kind, express or implied:

as to the operation or availability of the services, or the information, content, and materials or products included thereon;
that the services will be uninterrupted or error-free;
as to the accuracy, reliability, or currency of any information or content provided through the website; or
that the website, its servers, the content, or e-mails sent from or on behalf of MyJobsinKenya.com are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

TERMINATION

These Terms remain in effect while the candidate uses MyJobsinKenya.com and, for registered users, as long as the candidate’s account remains open. The candidate may delete their account at any time. MyJobsinKenya.com may suspend or terminate the Candidate’s account or their access to parts of the website, for any or no reason, without notice to the candidate. MyJobsinKenya.com will have no liability whatsoever to the candidate for any termination of their account or related deletion of their information. All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of MyJobsinKenya.com. For the avoidance of doubt, the candidate agrees that these Terms apply to their use of MyJobsinKenya.com and any Content posted on MyJobsinKenya.com at any time prior to the termination or expiration of these Terms.

19. ANTI-CORRUPTION

18.1. Neither Party shall engage in any unlawful trade practices or any other practices that are in violation of the Anti-Corruption Laws in connection with any actions or activities associated with this Agreement or in connection with the relationship between the Parties.
Each Party shall ensure that neither it nor its Affiliated Company, subcontractors and agents: either directly or indirectly, seek, receive, accept, give, offer, agree or promise to give any money, facilitation payment, or other thing of value from or to anyone (including but not limited to government or corporate officials or agents) as an improper inducement or reward for or otherwise on account of favourable action or forbearance from action or the exercise of influence; or fail to establish appropriate safeguards to protect against such prohibited actions.
Each Party shall, upon request from the other Party, provide evidence of the steps being taken to avoid prohibited actions, including the establishment of policies, practices, and/or business controls with respect to these laws.
The offending Party shall indemnify, keep indemnified and hold harmless the other Party and its Affiliated Company, its directors, officers, employees, consultants and agents from and against all losses, damages, costs (including but not limited to legal costs and disbursements) arising from or incurred by reason of the offending Party’s, or any Staff’s breach of the Anti-Corruption Laws.
The provisions of this clause as well as any other clauses in relation thereto shall survive the termination of these terms and conditions for any reason whatsoever.

DISPUTE RESOLUTION
1. The Parties shall use their good faith and efforts to resolve any dispute, controversy or claim of any nature whatsoever arising out of or in relation to or in connection with this agreement. To this end, either Party in dispute shall each promptly appoint senior representatives or members of the board of directors of the Parties of who shall meet and attempt to resolve any dispute between them.
2. In the event that an amicable settlement has not been reached within twenty-eight (28) days of the Parties representatives meeting as aforesaid, the dispute shall be referred to arbitration by a single arbitrator to be appointed by the chairman of the Kenya Branch of the Chartered Institute of Arbitrators. The provisions of the Arbitration Act of Kenya (1995) and the rules of the Chartered Institute of Arbitrators (Kenya Branch) shall apply to such arbitration proceedings. The place of arbitration shall be Nairobi and the language of the arbitration shall be English. The award of the arbitrator shall be final and binding upon the Parties and any Party may apply to a court of competent jurisdiction for enforcement of such award. The award of the arbitrator may take the form of an order to pay an amount or to perform or to prohibit certain activities.
3. To the extent permitted by applicable law, the Arbitrator’s decision shall be final and binding (in the absence of manifest error) upon the Parties and may only be referred to court for the purpose of enforcement.
4. Each Party shall bear its own costs of preparing and presenting its case. The costs of the arbitration (including fees and expenses of the arbitrators) shall be shared equally between the Parties unless the arbitration award provides otherwise.
5. The Parties may irrevocably elect that a dispute be heard by a court of law and not determined by arbitration. The Parties must make the election before they commence arbitration and such agreement must be recorded in writing in a deed signed by or on behalf of all Parties. If such an election is made, the Parties agree to submit to the non-exclusive jurisdiction of the Kenyan courts.
6. The terms of this Agreement shall not prevent or delay the Parties from seeking orders for specific performance or interim or final injunctive relief on a without notice basis or otherwise.
7. Any order, award, or other decision or finding of a court of competent jurisdiction and/or the arbitrator or any Agreement reached by way of settlement between the Parties in respect of any dispute, disagreement or question arising out of or in relation to or in consequence of these terms or relating to its construction or performance shall be enforceable in any jurisdiction in which either of the Parties has assets.

LAW AND JURISDICTION

This Agreement, its validity, construction and performance shall be governed by, and construed in accordance with the laws of Kenya. Any claims arising from this Agreement shall be subject to Kenyan laws.

Additional terms

The use of this website is subject to the following terms of use:
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