Terms & Conditions

This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of Chartr’s job board service provided by Job Board Fire, Inc., and any other Chartr service (collectively, the “Service”), each owned and operated by Chartr Limited (“Chartr ”, “we”, “our” or “us”).

Please carefully read the Terms before using our Service. If you do not agree to the Terms, along with Chartr’s Privacy Policy (the “Privacy Policy”), you may not use the Service. If you are entering into the Terms on behalf of a legal entity including, but not limited to, a company, you assert that you have the right to bind such entity to the Terms. If you do not possess such a right, you must not accept the Terms or use the Service on behalf of such entity. The Service is only available to you if you have entered the age of majority in your jurisdiction of residence and are fully able and competent to enter into, abide by and comply with the Terms.

Your Chartr Jobs Account

If you create an account on the Service (your “Account”), you are solely and fully responsible for maintaining the security of your Account and its Content (as defined subsequently), and you are completely responsible for the activities that occur on your Account and any other actions taken on the Service. You may not describe or assign Content to your Account in a misrepresentative or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Chartr may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Chartr liability. You must immediately notify Chartr of any unauthorized uses of your Account or any other breaches of security. Chartr will not be held liable for any acts or omissions by you, including damages of any kind incurred as a result of such acts or omissions.

Fees and Renewals

There will be no refunds or credits for partial 28 day periods of job postings. Postings recur on a 28-day basis and the user is required to update the subscription on a 28 day basis for each job post.

You take full responsibility for all fees and taxes related to the Service, including any sales tax related to any purchase or sale of services or goods under the Terms. When purchasing or selling services or goods under the Terms, it is your full responsibility to determine if such taxes apply to a transaction and to appropriately and correctly collect and disclose the amounts to the appropriate authority or governing body.

Your Responsibilities

If you operate an Account, comment on a screenshot, post material to the Service, post links on the Service, or otherwise make (or allow a third party to make) material available via the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content, regardless of whether such Content constitutes text, graphics, audio or other multimedia formats. By making Content available, you represent and warrant that:

• The downloading, copying and use of the Content will not infringe the proprietary rights of a third party, including but not limited to their copyright, patent, trademark or trade secret rights,
• If your employer has rights to intellectual property you create, you have either (i) received permission, or secured a waiver from, from your employer to post or make available the Content, including but not limited to any software, and you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• The Content does not contain or install any viruses or other harmful, destructive, unethical or unwanted content, including, but not limited to, spam, machine- or randomly-generated multimedia, commercial content designed primarily to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; your Account is not getting advertised via unwanted electronic messages such as spam links on other services including, but not limited to, email lists, other websites, online communities, and similar unsolicited promotional methods;
• Your Account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your Account’s name or link is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials.

By providing Content to Chartr via uploading it or otherwise, you grant Chartr the right to use (including the right to host, index, cache and format) and display your Content in connection with providing the Service and otherwise on our website and our marketing communications with you and other parties and prospective users of the Service, including without limitation on our emails, marketing channels and other promotional materials (subject to the requirements set out in the Privacy Policy). To the extent we use your Content in our marketing communications, unless you expressly permit us to do otherwise, we will always reference you or your company as the owner of such Content. This paragraph will survive the termination or expiry of the Terms.

Chartr reserves the right to remove or refuse any Content or deny or terminate access to your use of the Service for any reason whatsoever.

All Content uploaded are copyright © their respective owners. If you delete Content, Chartr will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Intellectual Property

All material available on the Service or provided by Chartr, its affiliates, agents, employers, licensors or other commercial partners including, but not limited to, software, text, documentation, design, layout, multimedia, messages, files, documents, or other materials, whether posted to the public or transmitted in private, along with all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by intellectual property laws including without limitation copyright, trademark and trade secrets.

Subject to your compliance with the Terms, during the term of the Terms, Chartr grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, limited-purpose right to access and use the Materials that we make available to you.

If Chartr, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service, any of its, your or a third party system, then Chartr may immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of security, confidentiality and data is paramount. Chartr has no liability to you for suspending the Service under this provision.

This section does not apply to Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to Chartr related to the Service or Chartr or its business (“Feedback”) are and will be Chartr’s exclusive property without any compensation or other consideration payable to you by Chartr, and you do so of your own free will and volition. Chartr may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Chartr may decide into the Service or its business or other products. You hereby assign all rights on a worldwide basis in perpetuity to Chartr in any Feedback and, as applicable, waive any moral rights.

For the purposes of the Terms and the Privacy Policy, “personal information” is any information about an identifiable individual, as defined in our Privacy Policy.

Chartr retains the right to use or share any Aggregated Data generated by anyone using the Service, including our users, for the purpose of enhancing and providing the Service. “Aggregated Data” means data does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. Where you choose to utilize or connect certain services from third parties with the Service, you agree that Chartr may share your lead data with such designated third parties. You are still responsible for any and all personal information that is part of any Content.

Third Party Material

We haven’t reviewed, and cannot review, all of the material, including computer software, made available through the websites and services to which Chartr links, and that link to Chartr. Chartr does not have any control over such non-Chartr websites and services, and is not responsible for their contents or their use. By linking to a non-Chartr website or service, Chartr does not represent or imply that it endorses such website or service. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. Chartr disclaims any responsibility for any harm resulting from your use of non-Chartr websites and webpages.

Disclaimer of Warranties

Your use of the Service and all Content forming part of or related to the Service, including any Content you upload or submit and any third party software and Content, are at your sole responsibility and risk. The Service is provided on an “as is” and “as available” basis. Chartr disclaims all representations, warranties, or conditions of any kind with respect to the Service, whether implied or express, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.

The service is offered and controlled by Chartr by its entity in the UK. Chartr makes no representations that the service is appropriate or available for use in locations other than the UK, Canada and the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. We handle complaints of copyright infringement in accordance with our Copyright Policy.

General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Terms, the Privacy Policy, and all applicable laws and regulations (including, but not limited to, any local laws or regulations in your city, county, state, province, country or other governmental area, regarding acceptable content and online conduct, and including all applicable laws regarding the transmission of technical data exported from the UK, the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

Limitation of Liability

You agree that, under no legal theory, including without limitation negligence, breach of contract or tort, breach of warranty or condition, will Chartr or its affiliates, agents, contractors,  employees, owners, officers, or directors, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if Chartr has been advised of the possibility of such damages), arising from or relating to the Terms or your use of or your inability to use the Service, or for any damages arising from or related to the Terms. Chartr’s total liability from any and all claims under the Terms is limited to the total amounts you paid to Chartr in the one (1) year immediately prior to the occurrence of loss or damage. To the extent any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, Chartr’s liability in such jurisdiction will be limited to the furthest extent permitted by law. Notwithstanding the foregoing or anything else herein to the contrary, Chartr will not be liable to you or any third party acting on your behalf in any way with respect to a trial program or your provision of an individual’s personal information to Chartr or through the Service. You further agree that the foregoing limitations will apply with respect to third party liability of any kind.

The foregoing limitations will also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than Chartr and received by you through or advertised on the Service or received by you on any third party sites. You also agree that Chartr will not be liable or responsible for any damage or loss of any kind arising from any interactions or dealings with advertisers or as the result of the presence of such advertisers on the Service.

With respect to any dispute arising out of or related to the Service and/or the Terms: (i)  you hereby expressly give up your right to participate as a member of a class of claimants, in any lawsuit including but not limited to class action lawsuits involving any such dispute; and (ii) you hereby expressly give up your right to have a trial by jury. You agree that you will not bring a claim under or related to the Terms more than one (1) year from when your claim first arose.

Indemnification

You agree to indemnify, defend, and hold harmless Chartr and its partners, including without limitation its service and technology providers, co-branders, subsidiaries, affiliates, advertisers, and each of their respective employees, contractors, agents, officers, directors, shareholders and representatives (together, the “Indemnified Parties”), from and against any third party claim, liability, damage, cost, loss or demand (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to the Terms, the Service, including but without limitation in relation to: (a) your use, misuse or non-use of, or connection to, the Service and any Content; (b) your violation or alleged violation of the Terms; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. Chartr reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Chartr and you agree to cooperate with Chartr’s defense of these Claims. You agree not to settle any matter without the prior written consent of Chartr. Chartr will use reasonable efforts to notify you of any such Claims upon becoming aware of it.

Modifications

Chartr reserves the right, at its sole discretion, to change or replace the Terms or any part thereof. It is your sole responsibility to periodically check the Terms for modifications. Your continued use of or access to the Service after the posting of any changes to the Terms constitutes acceptance of those modifications. Chartr may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such services and/or features shall also be subject to the Terms.

Miscellaneous

If there is any dispute between you and Chartr about or involving the Service or the Terms, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with the Terms will be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration (LCIA). The appointing authority will be the London Court of International Arbitration (LCIA). The case will be adjudicated by a single arbitrator and will be administered by the London Court of International Arbitration (LCIA) in accordance with its rules. The place of arbitration will be London, UK. The language of the arbitration will be English.

If any portion of the Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the Terms that is unlawful, void or unenforceable will be stricken from the Terms.

You agree that the Terms are specifically enforceable by Chartr through equitable remedies without proof of monetary damages including without limitation injunctive relief.

You agree that if Chartr does not enforce or exercise any legal right or remedy which is contained in the Terms (or which Chartr has the benefit of under any applicable law), this will not be taken to be a formal waiver of Chartr’s rights and that those rights or remedies will still be available to Chartr.

The Terms are the entire agreement between you and Chartr related to the subject matter in the Terms. The Terms replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.

Contacting Chartr

You may contact Chartr by email at info@chartr.co.