(Last Updated June 25, 2019)

TERMS AND CONDITIONS

NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN SWAN GLOBAL WLL (“SWAN GLOBAL” or “Us” or “We”) AND YOU (“You”) REGARDING THE SERVICES PROVIDED TO YOU THROUGH THE WEBSITE “www.swan.qa”. PLEASE READ IT CAREFULLY.

 

Terms

By accessing this product/service, you are agreeing to be bound by our Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

If you use the services on behalf of your employer, you warrant that you are authorized to enter into legally binding contracts on behalf of your employer and the same rights, limitations and restrictions apply to your employer. We are relying upon your representation that you may bind your employer to the terms of this agreement. If you and/or your employer do not agree to the terms of this agreement, or if you are not authorized to enter into legally binding contracts on behalf of your employer, you must not use the service(s).

If you do not agree with any of these terms, you are prohibited from using or accessing our services/products. The materials contained in our product and services are protected by applicable copyright and trade mark law.

GENERAL

You must be a real person and 17 years of age or older to visit or use Swan Global Products/ Services.

The services on this website are provided “as is”. Swan Global makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Swan Global does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the services. Your use of the services and applications is at your own risk. You acknowledge and agree that Swan Global will not be responsible for any damages to your devices or the devices of any third party resulting from the use of the services or applications. Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Any claim and litigation relating to our products/services shall be governed by the laws of Qatar without regard to its conflict of law provisions. We shall comply with all lawfully issued orders, demands, subpoenas, or requests for information served upon Us in compliance with and pursuant to the laws.

You agree that because of the unique nature of the Services and our proprietary rights therein, a demonstrated breach of this Agreement by You would irreparably harm Swan Global and monetary damages would be inadequate compensation. Therefore, you agree that Swan Global shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of this Agreement. The prevailing party to any such request for preliminary or permanent injunctive relief shall be entitled to an award of its reasonable attorneys’ fees. If any provision of this Agreement is declared void, illegal, or unenforceable, the remainder of this Agreement will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.

Any failure by any party to this Agreement to enforce at any time any term or condition under this Agreement will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of this Agreement.

Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.

This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof and cannot be altered except by agreement in writing executed by an authorized representative of each party. No purchase order and/or standard terms of purchase provided by you shall supersede this Agreement.
Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Swan Global and such third parties shall not be entitled to enforce any term of this Agreement against Swan Global.

You should be aware that your network provider may charge you for access to its network, the duration of your mobile phone’s/ mobile device’s connection to the network and the data volume used to Use the SERVICES. You are entirely responsible to check with your network provider whether any such costs may apply before using the SERVICES in this respect.

In no event shall Swan Global will be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use our services/products.

We will use commercially reasonable efforts to ensure that the SERVICES are available to you without undue disruption, interruption or delay and keep any disruption. However, we cannot guarantee all-time availability and cannot be held responsible for unavailability of our service.

The termination of this Agreement shall have no prejudice to any rights, obligations, and liabilities that You or SERVICE have accrued or incurred during the term of this Agreement

INTRODUCTION

The use of this site is governed by the policies, terms and conditions set forth below (‘Terms and Conditions of Use’). Please read them carefully. Your use of this site indicates your acceptance of these Terms and Conditions of Use. Your submittal of any personal information to Swan Global’s website indicates acceptance of these Terms and Conditions of Use. These Terms and Conditions of Use shall supercede any subsequent terms or conditions included within this website, whether or not such terms or conditions are signed by Swan Global. Swan Global reserves the right to make changes to this site and these Terms and Conditions of Use at any time.

PRIVACY POLICY

For information regarding privacy, please review the Privacy Policy which also governs your visit to the Swan Global website.

COPYRIGHT AND TRADEMARK NOTICES

All editorial contents and graphics on this site are copyrights of Swan Global and the related logos are trademarks of Swan Global. Other products and company names mentioned herein may be the trademarks or tradenames of their respective owners.

ACCEPTABLE USE OF THE SITE.

The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use this Site only for lawful purposes within the stated context of Swan Global’s intended and acceptable use of the Site. Swan Global is the sole interpreter of the Site’s intended and acceptable use.

You agree not to develop, support or use software, devices, scripts, robots, or any other means or processes (including but not limited to crawlers, browser plugins and add-ons, or any other technology) to scrape content from Swan Global, except as an internet search engine making the information searchable by users, and provided you display only minimal snippets of each Swan Global page to your users, in each case mention the source clearly as Swan Global, and link each snippet back to the corresponding page on Swan Global website, with a single click and without requiring the user to register on your site, submit an email address, make a payment, view additional pages or any other intermediary step.

• License to Use by Users who are Job Seekers. Swan Global hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, non-commercial use. Your use of the Site is a privilege. Swan Global reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
• License to Use by Users who are employers. Swan Global hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your personal use directly related to using the Site for the purpose of searching and recruiting job prospects. Swan Global reserves the right to suspend or terminate your access and use at any time if Swan Global determines that you are in breach of any of these Terms and Conditions.  

You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions.

RULES FOR POSTING, CONDUCT AND SECURITY

You agree to comply with the rules for posting, conduct and security on the Site, which are attached to these Terms and Conditions of Use.

USE OF SALARY AND BENEFITS INFORMATION DATA

The use of the salary and benefits data is provided for information only, and is not intended to be relied upon for any other purpose. Swan Global further does not warrant the accuracy and completeness of this data. Swan Global and its data providers shall not be liable for any errors or inaccuracies in this data, or for any actions taken in reliance thereon.

This data is provided ‘as is’ and Swan Global makes no warranty, either expressed or implied, including, but not limited to warranties of merchantability and warranties of correctness and fitness for a particular purpose. In no event will Swan Global be liable for any indirect, special, consequential, or other damages however caused.

NO GUARANTEE OF RESULTS

Swan Global makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users. Swan Global does not guarantee that documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decision, for whatever reason made, made by any User.

DISCLAIMER OF WARRANTIES

THE INFORMATION, MATERIALS, SERVICES AND PRODUCTS INCLUDED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. SWAN GLOBAL MAY MAKE CHANGES OR IMPROVEMENTS TO THIS SITE AT ANY TIME.

THE MATERIALS ON THIS SITE ARE PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SWAN GLOBAL DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SWAN GLOBAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWAN GLOBAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.

LIMITS ON LIABILITY

Swan Global will not be liable for:

• The contents of any communication, message, or information provided to Swan Global by you or other third parties.
• The contents of any website not controlled, owned, or operated by Swan Global that is accessed from or linked to this website by direct or indirect means.
• Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
• Any direct, indirect, incidental, special, or consequential damages whether in contract, tort, strict liability or otherwise, arising out of or relating to use of or inability to use this website, even if Swan Global has been advised of the possibility of such damages.

INDEMNIFICATION

You agree to indemnify and hold Swan Global, its directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of this website; (b) any alleged breach of these Terms and Conditions of Use.

LIMITED LICENSE

This website is for your personal and non-commercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in the system, Swan Global.com website as a whole software, products or services obtained from or available as part of or in conjunction with this system. You are granted a non-exclusive, non-assignable and non-transferable license to use this system only under these Terms and Conditions of Use.

This license is not a sale of any of the owner’s rights. The Swan Global website may be used only by you, and you may not rent, lend, sub-license or transfer the website or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the website. You may not transfer to or store any data residing or exchanged over the Swan Global website in any electronic network for use by more than one user unless you obtain prior written permission from
Swan Global.

THIRD PARTY CONTENT

The Site offers third party content or link to third party websites. Swan Global does not endorse or evaluate third party content and websites, or assume responsibility for them. All third party content is provided completely as is, without warranties of any kind.

REMEDIES

Given the nature of these terms, you understand and agree that, in addition to money damages, Swan Global will be entitled to equitable relief upon a breach of them by you.

WAIVER

No waiver by Swan Global shall be construed as a waiver of any proceeding or succeeding breach of any provision.

SURVIVAL OF PROVISIONS

Each provision of the Terms and Conditions of Use shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances. These Terms and Conditions of Use shall be severable and construed to the extent of their enforceability in light of the partie’s mutual intent if deemed at all unenforceable by the competent court.

ENTIRE AGREEMENT

We intend that these Terms and Conditions of Use constitute the entire agreement between Swan Global and you. Any changes to these Terms and Conditions of Use between Swan Global and you must be in writing and signed by both parties.

CONTACT INFORMATION

If you have any questions concerning this site or its policies, please contact us Contact Us .

RULES REGARDING POSTING, CONDUCT AND SECURITY

Swan Global is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Site suspended or terminated, at Swan Global’s discretion. Swan Global reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions of Use.

POSTING RULES

(a) Your Document may not contain: (i) URLs or links to Web sites (to advertise your company or Web site); (ii) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner’s permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vi) anything that is embarrassing or offensive to another person or entity, or violates the law of the country in which you are based.

(b) You may not use your Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (including, but not limited to, franchises, “club memberships,” distributorships, or anything requiring a monetary investment by the User); (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise.

(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or your qualifications as a candidate for employment. Documents that encourage the User to “email for more details” are not permitted. Documents from any thirdparty charging a fee or restricting complete access to all resume information are prohibited.

(d) Job postings must be individual openings for traditional employees

(e) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.

(f) Swan Global is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at Swan Global’s discretion.

CONDUCT RULES

(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the employer’s business by our competitors are prohibited.

(b) You may not send unsolicited commercial email to Users.

(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, 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. You agree to notify Swan Global immediately of any unauthorized use of your registration and password.

(d) Report inappropriate postings or conduct to Feedback.

(e) You may not delete or revise any material posted by any other person or entity.

(f) If at any time during the term of this agreement Swan Global comes to the understanding that you: (i) misled Swan Global of your business practices and/or services, or (ii) purchased services that do not represent your precise business, Swan Global reserves the right to terminate this agreement.

(g) Swan Global is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported.

SECURITY RULES

(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail bombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

(b) Violation of these Security Rules may result in civil or criminal liability. Swan Global 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 violations.

Swan Global reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of these Terms of use at any time. If we decide to materially change this policy, we will provide you with the notice on our website. In such cases, we will revise the “last updated” date located at the top of these Terms of use and it will supersede all previous versions.

If you have any questions regarding this Agreement or if you wish to discuss the terms and conditions contained herein please contact us by emailing us at info@swan.qa