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Terms and Conditions

IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE BY CLICKING THE “I ACCEPT” CHECKBOX OR BUTTON BELOW IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT PROCEED.

This Website’s Legal Terms and Conditions (the “Agreement”) is an agreement between you (“You”) and Berwin Jobs (the “Berwin Jobs”). “We” and “Us” means both you and Berwin Jobs. The effective date of this Agreement is when you accept or are deemed to accept this Agreement in accordance with the procedure set out in this Agreement.

You hereby consent to the exchange of information and documents between us electronically over the Internet and that this electronic Agreement shall be the equivalent of a written paper agreement between us.

1. Job Listings

Berwin Jobs may make available standardized job listings and other job-related contents for franchised businesses, by linking the job listings to third-party websites (“Job Listings”), through the Berwin Jobs platform or otherwise through the Site. Job Listings are created and provided by Berwin Jobs Ghana over whom Berwin Jobs exercises no control; you acknowledge and understand that we have no control over Job Listings. Except for certain sponsored, featured or paid placements, the Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. Berwin Jobs do have the obligation to screen any Job Listing and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Listings or other information submitted by any employer or other user, including the identity of such employer or other user. Berwin Jobs assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that Berwin Jobs may also provide search options to narrow down Job Listing descriptors by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by Berwin Jobs, and are not a direct reflection of the actual Job Listing. If you are an Employer, when you create or post a Job Listing on the Site you agree that this Agreement and all of Berwin Jobs’ policies, including Berwin Jobs’ Privacy Policy and Cookie Policy, apply to you and to the Job Seekers using the linked third-party sites. Berwin Jobs is not responsible for the content of your Job Listing, and Berwin Jobs does not guarantee timely delivery or that there will be no mistakes in the transmission of the data. You agree that Berwin Jobs assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility. You are responsible for the contents of any Job Listings that you create, any Job Listings that you post. You agree that Berwin Jobs may reject or remove any Job Listing for any or no reason. You shall indemnify, defend and hold harmless Berwin Jobs, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Job Listing created by you, or posted by you.

2. External Sites

The Site contains links to other sites on the Internet such as Indeed which is owned and/or operated by a third-party vendor and other third parties (the “External Sites”). You acknowledge that Berwin Jobs is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, the External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site. In addition, Berwin Jobs may provide you with links to certain third-party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided by these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Berwin Jobs.

3. Ownership and Copyright

You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, Berwin Jobs names, trade-marks, logos and trade-names contained on this website (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Berwin Jobs or its licensors, as the case may be.

4. Permitted Use

Berwin Jobs hereby grants to you a personal, non-transferable and non-exclusive license to access, read and download any copy of the Content. Berwin Jobs Site is for your non-commercial use only. If you wish to make commercial use of the Site, or if you wish to purchase Berwin Jobs services that utilize the Site, you must have a prior written agreement with Berwin Jobs to do so, or have accepted the Berwin Jobs online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.

5. Restrictions on Use

You agree that You will not: (i) distribute the Content for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Content by way of the press or media or through any commercial network, cable or satellite system; or (ii) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Berwin Jobs or its licensors or allow any third party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.

6. License to Use Your Information

With the exception of personal information, You hereby grant to Berwin Jobs the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use any information or other content You provide on or through this website or which is sent to Berwin Jobs by email or other correspondence, including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. Berwin Jobs shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by Berwin Jobs in writing or required by law. You represent and warrant that you have the right to grant the license set out above.

7. Personal Information

Berwin Jobs may from time to time, but is not obligated to, monitor your use of the website and collect, store, use and disclose to Indeed personal information about You to create Your user profile and to help Job Seekers using Indeed to obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of jobs. You hereby consent to such collection, storage, use and disclosure and waive any right of privacy you may have. YOU MAY ACCESS, CORRECT AND DELETE YOUR OWN PERSONAL INFORMATION STORED BY Berwin Jobs BY EMAIL TO csr@berwinjobs.com.

9. Registration & Contact Information

Some areas of the Site, including areas that may permit you to set up a Berwin Jobs account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Berwin Jobs is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. You agree that Berwin Jobs may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Berwin Jobs account or through other means such as email, telephone (including mobile phone), including through the use of contact information that you may provide to Berwin Jobs or that Berwin Jobs may otherwise obtain from third-party sources. By providing Berwin Jobs with a mobile phone number and/or email address, you expressly consent to receiving communication via such mobile number and/or email address.

10. Termination

This Agreement is effective until terminated by Berwin Jobs, with or without cause, in Berwin Jobs’ sole and unfettered discretion. Berwin Jobs may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by Berwin Jobs shall be in addition to and without prejudice to such rights and remedies as may be available to Berwin Jobs, including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, interpretation, your license to Berwin Jobs, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

11. Indemnify

You agree at all times to indemnify, defend and hold harmless the Berwin Jobs, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Berwin Jobs directly or indirectly in respect of: (i) any information or other content You provide on or through this website or which is sent to Berwin Jobs by email or other correspondence; or (ii) Your use or misuse of the Content or this website, including without limitation infringement claims.

12. Governing Law

Berwin Jobs, this website and the Content (excluding linked websites or content) are physically located within Greater Accra Region, Ghana. This website and its Content are governed by the laws of Ghana and shall be treated in all respects as a Ghanaian contract, without reference to the principles of conflicts of law. You agree to waive any right you may have to: (i) a trial by jury; and (ii) the commencement of or participation in any class action against Berwin Jobs related to this website, the Content, the Job Listings or this Agreement and, where applicable, you also agree to opt out of any class proceedings against Berwin Jobs or its licensors. We have required that this Agreement and all documents relating thereto be drawn up in English.

13. Interpretation

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa; words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in this Agreement, unless otherwise specified, are in Ghanaian Cedis.

14. Amendment and Waiver

Berwin Jobs reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on this website. You are responsible for periodically reviewing the amendments on this website, and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this website. Access to this website or use of this website after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on Berwin Jobs unless executed by Berwin Jobs in writing. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

15. Severability

Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.

16. Enurement

This Agreement shall enure to the benefit of and be binding upon each of us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

17. Information or Complaints

If you have a question or complaint regarding the Site, please contact us by email at csr@berwinjobs.com. Please note that communications by email will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

18. Use of Site by Minors

The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use Berwin Jobs under the supervision of a parent or legal guardian, or responsible adult.

Last Updated: 30th September, 2020.