Terms of Use
This page states the terms and conditions (the “Terms and Conditions”) under which
you may use MyGoli.com (the “Web Site”). Please read this page carefully. If you
do not accept the Terms and Conditions stated here, do not use this Web Site and
service. By using this Web Site, you are indicating your acceptance to be bound
by the terms of these Terms and Conditions. MyGoli, Inc. and its affiliated companies
(“MyGoli”) may revise these Terms and Conditions at any time by updating this posting.
You should visit this page periodically to review the Terms and Conditions because
they are binding on you. The terms "You" and "User" as used herein refer to all
individuals and/or entities accessing this Web Site for any reason.
Use of Web Site Content
MyGoli authorises you to view and download a single copy of the material
on the Web Site solely for your personal, noncommercial use.
The contents of this Web Site and of all other websites under MyGoli’s control whether
partial or otherwise (the Web Site and such other websites are sometimes collectively
referred to as “MyGoli Sites”) such as text, graphics, images, logos, button
icons, software and other Web Site content (collectively, “Web Site Content”), are
protected under United States, European and other copyright, trademark and other
laws. All Web Site Content is the property of MyGoli or its content suppliers
or clients. The compilation (meaning the collection, arrangement and assembly) of
all content on this Web Site is the exclusive property of MyGoli and protected
by copyright laws. Unauthorised use of the Web Site Content may violate copyright,
trademark and other laws. You must retain all copyright, trademark, service-mark
and other proprietary notices contained in the original Web Site Content on any
copy you make of the Web Site Content. You may not sell or modify the Web Site Content
or reproduce, display, publicly perform, distribute or otherwise use the Web Site
Content in any way for any public or commercial purpose. The use of the Web Site
Content on any other web site or in a networked computer environment for any purpose
is prohibited.
You shall not copy or adapt the HTML code that MyGoli creates to generate
any Web Site Content or the pages making up any MyGoli Site. It is also protected
by MyGoli`s copyright.
Acceptable Site Use
General Rules: Users may not use the Web Site in order to display, transmit, distribute,
store or destroy material including, without limitation, Web Site Content, (a) in
violation of any applicable law or regulation, (b) in a manner that will infringe
the copyright, trademark, trade secret or other intellectual property rights of
others or violate the privacy, publicity or other personal rights of others or (c)
that is, or may in our judgment be, defamatory, offensive, vulgar, obscene, harassing,
threatening, abusive or hateful, racist, sexist, discriminatory, of a menacing character
or cause annoyance, inconvenience, embarrassment or anxiety to any person.
Users are prohibited from violating or attempting to violate the security of any
MyGoli Site including, without limitation, (a) accessing data not intended
for such user or logging into a server or account which the user is not authorised
to access, (b) attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper authorisation,
(c) attempting to interfere with service to any user, host or network including,
without limitation, via means of submitting a virus to any MyGoli Site, overloading,
"flooding", "spamming", "mailbombing" or "crashing", or (d) 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.
MyGoli will investigate occurrences which may involve such violations and
may involve, and co-operate with, law enforcement authorities in prosecuting users
who are involved in such violations.
Specific Prohibited Uses
MyGoli Sites may be used only for lawful purposes by individuals seeking
employment and career information and employers seeking employees. MyGoli
specifically prohibits any use of any MyGoli Site, and all users agree not
to use, or allow any party under their control to use, any MyGoli Site, for
any of the following:
- Posting any incomplete, false or inaccurate biographical information or information
which is not your own accurate CV (living individual seeking employment on a full-time
or part-time basis on his or her own behalf).
- Posting any franchise, pyramid scheme, "club membership", distributorship or sales
representative agency arrangement or other business opportunity which requires an
up front or periodic payment, pays commissions only (no significant salary), requires
recruitment of other members, sub-distributors or sub-agents.
- Using the MyGoli CV database for any purpose other than as an employer
seeking employees for specific live jobs including, but not limited to, using the
information in the CV database to sell or promote any products or services or to
source people to join a franchise, pyramid scheme, “club membership”, distributorship
or sales representative agency arrangement or other business opportunity requires
an up front or periodic payment, pays commissions only (no significant salary),
requires recruitment of other members, sub-distributors or sub-agents.
- Sending unsolicited mail or e-mail, making unsolicited phone calls or sending
unsolicited faxes regarding promotions and/or advertising of products or services
to a user of a MyGoli Site.
- Deleting or revising any material posted by any other person or entity.
- Using any device, software or routine to interfere or attempt to interfere with
the proper working of any MyGoli Site or any activity being conducted on
this Web Site.
- Taking any action which imposes an unreasonable or disproportionately large load
on any MyGoli Site`s infrastructure.
- If you have a password allowing access to a non-public area of this Web Site,
disclosing to or sharing your password with any third parties or using your password
for any unauthorised purpose.
- Notwithstanding anything to the contrary contained herein, using or attempting
to use any engine, software, tool, agent or other device or mechanism including,
without limitation, browsers, spiders, robots, avatars or intelligent agents to
navigate or search any MyGoli Site other than the search engine and search
agents available from MyGoli on such MyGoli Site and other than generally
available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
- Attempting to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of any MyGoli Site.
- Aggregating, copying or duplicating in any manner any of the Web Site Content
or information available from any MyGoli Site.
- Framing of or linking to any of the Web Site Content or information available
from any MyGoli Site.
- Posting jobs located in countries subject to economic sanctions of the United
States Government or Federal Governments of specific states from time to time.
- Posting jobs which require the applicant to provide information relation to his/her
(i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious
beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual
life (vii) the commission of criminal offences or proceedings or (vii) age.
User Information
When you register for the Web Site, you will be asked to provide MyGoli with
certain information including, without limitation, a valid email address (your "Information").
In addition to the terms and conditions that may be set forth in any privacy policy
on this Web Site, you understand and agree that MyGoli may disclose to third
parties, on an anonymous basis, certain aggregate information contained in your
registration application. MyGoli will not disclose to any third party your
name, address, e-mail address or telephone number without your prior consent, except
to the extent necessary or appropriate to comply with applicable laws or in legal
proceedings where such information is relevant. MyGoli reserves the right
to offer third party services and products to you based on the preferences that
you identify in your registration and at any time thereafter; such offers may be
made by MyGoli or by third parties. Please see MyGoli`s Privacy Policy for
further details regarding your Information.
User Submissions
As a user, you are responsible for your own communications and are responsible for
the consequences of their posting. You must not, and by using any MyGoli
Site you agree not to, do the following things: post material that is copyrighted
unless you are the copyright owner or have the permission of the copyright owner
to post it; post material that reveals trade secrets unless you own them or have
the permission of the owner; post material that infringes on any other intellectual
property rights of others or on the privacy or publicity rights of others; post
material that is obscene, offensive, vulgar, defamatory, threatening, harassing,
abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing,
or which may cause annoyance, anxiety or inconvenience to another user or any other
person or entity; post a sexually-explicit image or statement; post advertisements
or solicitations of business; post chain letters or pyramid schemes; impersonate
another person; or post material that contains viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines or engines that are intended
to damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or information.
MyGoli does not represent or guarantee the truthfulness, accuracy or reliability
of communications posted by users or endorse any opinions expressed by users. You
acknowledge that any reliance on material posted by other users will be at your
own risk.
MyGoli acts as a passive conduct for the online distribution and publication
of user-submitted information and has no obligation to screen communications or
information in advance and is not responsible for screening or monitoring material
posted by users. If notified by a user of communications which allegedly do not
conform to these Terms and Conditions, MyGoli may investigate the allegation
and determine in good faith and its sole discretion whether to remove or request
the removal of the communication. MyGoli has no liability or responsibility
to users for performance or nonperformance of such activities. MyGoli reserves
the right to expel users and prevent their further access to the Web Site for violating
the Terms and Conditions or the law and the right to remove communications which
are abusive, illegal or disruptive. MyGoli may take any action with respect
to user-submitted information that it deems necessary or appropriate in its sole
discretion if it believes it may create liability for MyGoli or may cause
MyGoli to lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of any MyGoli Site,
including message boards, forums, contests and chat rooms, you grant MyGoli
and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through
multiple tiers), non-exclusive right (including any moral rights) and license to
use, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, communicate to the public, perform and display the content (in whole
or in part) worldwide and/or to incorporate it in other works in any form, media
or technology now known or later developed for the full term of any rights that
may exist in such content. You also warrant that the holder of any rights, including
moral rights in such content, has completely and effectively waived all such rights
and validly and irrevocably granted to you the right to grant the license stated
above. You also permit any subscriber to access, display, view, store and reproduce
such content for personal use. Subject to the foregoing, the owner of such content
placed on the Web Site retains any and all rights that may exist in such content.
Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job
or are otherwise misleading contained in a job posting are prohibited.
We appreciate hearing from our customers and welcome your comments regarding our
services and the MyGoli Sites. Please be advised, however, that our policy
does not permit us to accept or consider creative ideas, suggestions inventions
or materials other than those which we have specifically requested. While we do
value your feedback on our services, please be specific in your comments regarding
our services and do not submit creative ideas, inventions, suggestions or materials.
If, despite our request, you send us creative suggestions, ideas, drawings, concepts,
inventions or other information (collectively the "Submission"), the Submission
shall be the property of MyGoli. None of the Submission shall be subject to any
obligation of confidence on our part and we shall not be liable for any use or disclosure
of any Submission. MyGoli shall own exclusively all now known or later discovered
rights to the Submission and shall be entitled to unrestricted use of the Submission
for any purpose whatsoever, commercial or otherwise, without compensation to You
or any other person who submitted the Submission.
Registration and Password
You are responsible for maintaining the confidentiality of your information and
password. You shall be responsible for all uses of your registration whether or
not authorised by you. You agree to immediately notify MyGoli of any unauthorised
use of your registration or password.
Identification Of Agent To Receive Notification And Elements Of Notification Of
Claimed Copyright Infringement.
If you believe that your copyrighted work has been uploaded, posted or copied to
this Web Site and is accessible on this Web Site in a way that constitutes copyright
infringement, please notify us by providing our designated copyright agent with
the following information:
- The physical or electronic signature of either the copyright owner or of a person
authorised to act on the owner’s behalf;
- A description of the copyrighted work you claim has been infringed and a description
of the activity that You claim to be infringing;
- Identification of the URL or other specific location on this Web Site where the
material or activity you claim to be infringing is located or is occurring; You
must include enough information to allow us to locate the material or the activity;
- Your name, address, telephone number and, if you have one, your e-mail address;
- A statement by you that you have a good faith belief that use on the Web Site
of the copyrighted work in the manner you are complaining of is not authorised by
the copyright owner, any agent of the copyright owner or the law; and
- A statement by you, made under penalty of perjury, that the information you have
provided in your notice is accurate and that You are either the copyright owner
or are authorised to act on behalf of the copyright owner.
Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe
The Copyright Or Other Intellectual Property Rights Of Others
MyGoli respects the intellectual property of others and we ask our users,
account holders and content partners to do the same. The unauthorised reproduction,
copying, distribution, modification, public display or public performance of copyrighted
works constitutes infringement of the copyright owners rights. As a condition to
your use of this Web Site, you agree not to use the Web Site or any other MyGoli
Site to infringe the intellectual property rights of others in any way. We will
terminate the accounts of any account holders and block access to our Web Site and/or
the other MyGoli Sites of any users who repeatedly infringe the copyright
or other intellectual property rights of others. We reserve the right to take these
actions at any time, in our sole discretion, with or without notice and without
any liability to the account holder who is terminated or to the user whose access
is blocked.
MyGoli`s Liability
MyGoli Sites are only a venue. This Web Site acts as a venue for employers
to post job opportunities and candidates to post CV`s and does not screen or censor
the listings offered. MyGoli is not involved in the actual transaction between
employers and candidates. As a result, MyGoli has no control over the quality,
safety or legality of the jobs or CV`s posted, the truth or accuracy of the listings,
the ability of employers to offer job opportunities to candidates or the ability
of candidates to fill job openings. In addition, note that there are risks including,
but not limited to, the risk of physical harm, of dealing with strangers, foreign
nationals, underage persons or people acting under false pretences. You assume all
risks associated with dealing with other users with whom you come in contact through
the Web Site and/or the other MyGoli Sites.
Because user authentication on the Internet is difficult, MyGoli cannot and
does not confirm that each user is who they claim to be. Because we do not and cannot
be involved in user-to-user dealings or control the behaviour of participants on
any MyGoli Site, in the event that you have a dispute with one or more users,
you release MyGoli (and our agents and employees) from claims, demands and
damages (actual and consequential, direct and indirect) of every kind and nature,
known and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
We are under no legal obligation to, and generally do not, control the information
provided by other users which is made available through the Web Site and the other
MyGoli Sites. By its very nature, other people`s information may be offensive,
harmful or inaccurate and in some cases will be mislabelled or deceptively labelled.
We expect that you will use caution and common sense when using this Web Site and/or
the other MyGoli Sites.
The Web Site Content may contain inaccuracies or typographical errors. MyGoli
makes no representations about the accuracy, reliability, completeness or timeliness
of the Web Site or the Web Site Content. The use of the Web Site and the Web Site
Content is at your own risk. Changes are periodically made to MyGoli Sites
and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content
and accuracy of any CV or material contained therein placed by you on the MyGoli
Sites. Employers are solely responsible for their postings on the MyGoli
Sites.
MyGoli is not to be considered to be an employer with respect to your use
of MyGoli Sites and MyGoli shall not be responsible for any employment
decisions, for whatever reason made, made by any entity posting jobs on any MyGoli
Site.
MYGOLI DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB
SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF
YOUR USE OF ANY MYGOLI SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, MYGOLI IS NOT RESPONSIBLE FOR THOSE COSTS.
THE MYGOLI SITES AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. MYGOLI, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO OUR SERVICES
OR ANY MYGOLI SITE OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS THEREOF. MYGOLI
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE MATERIAL, WEB SITE, WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS
AND LINKS.
Disclaimer of Consequential Damages
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYGOLI, ITS SUPPLIERS OR ANY THIRD
PARTIES MENTIONED ON ANY MYGOLI SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF
BUSINESS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE ANY MYGOLI SITE AND THE WEB SITE CONTENT, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
MYGOLI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
The Web Site and certain other MyGoli Sites contain links to third party
web sites. These links are provided solely as a convenience to you and not as an
endorsement by MyGoli of the contents on such third-party web sites. MyGoli
is not responsible for the content of linked third-party sites and does not make
any representations regarding the content or accuracy of materials on such third
party web sites. If you decide to access linked third party web sites, you do so
at your own risk.
No Resale or Unauthorised Commercial Use
You agree not to resell or assign your rights or obligations under these Term and
Conditions. You also agree not to make any unauthorised commercial use of any MyGoli
Site.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, THE COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR
IN CONNECTION WITH ANY MYGOLI SITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS
OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE),
WILL NOT EXCEED £100.
Termination
MyGoli reserves the right, at its sole discretion, to pursue all of its legal
remedies, including but not limited to deletion of your postings from this Web Site
and other MyGoli Sites and/or immediate termination of your registration
with or ability to access the Web Site and other MyGoli Sites and/or any
other service provided to you by MyGoli, upon any breach by you of these Terms and
Conditions or the terms and conditions of any MyGoli Site or if MyGoli
is unable to verify or authenticate any information you submit to the Web Site registration
or other MyGoli Site registration.
Indemnity
You agree to defend, indemnify and hold harmless MyGoli, its officers, directors,
employees and agents from and against any claims, actions or demands including,
without limitation, reasonable legal and accounting fees, alleging or resulting
from (i) any material you provide to a MyGoli Site, (ii) any Web Site Content
that you use or (iii) your breach of the terms of these Terms and Conditions. MyGoli
shall provide notice to you promptly of any such claim, suit or proceeding and shall
assist you, at your expense, in defending any such claim, suit or proceeding.
General
MyGoli makes no claims that the Web Site Content may be lawfully viewed or
downloaded outside of the Tanzania . Access to the Web Site Content may not be legal
by certain persons or in certain countries. If you access the Web Site from outside
of the Tanzania, you do so at your own risk and are responsible for compliance with
the laws of your jurisdiction. These Terms and Conditions are governed by the law
of Tanzania. Jurisdiction for any claims arising under this agreement shall lie
exclusively with the Tanzanian Courts. If any provision of these Terms and Conditions
is found to be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of these
Terms and Conditions which shall remain in full force and effect. No waiver of any
term of these Terms and Conditions shall be deemed a further or continuing waiver
of such term or any other term. Except as expressly provided in additional terms
of use for areas of the Web Site, a particular "Legal Notice" or Software License
or material on particular Web pages, these Terms and Conditions constitute the entire
agreement between you and MyGoli with respect to the use of Web Site. No
changes to these Terms and Conditions shall be made except by a revised posting
on this page.
Additional Terms of Use
Certain areas of this Web Site and the other MyGoli Sites are subject to
additional terms of use. By using such areas, or any part thereof, you agree to
be bound by the additional terms of use applicable to such areas.
Thank you for using MyGoli.
Update effective February, 2007
|