Commercial Terms for Employers

COMMERCIAL TERMS FOR EMPLOYERS

If you would like to discuss anything to do with these terms prior to registering, please email us at info@gulfspecialists.com and a member of our team will respond to you with answers to your questions or to set up a time to speak.

 

INTRODUCTION

 

Thank you for registering on GulfSpecialists.com as an employer (note, if you are a candidate, then these terms are not relevant to your use of GulfSpecialists.com).

We have tried to make our terms as succinct, clear and fair as possible. After all, GulfSpecialists is run by a small team of real people!

For your convenience, we have put a brief summary immediately below this paragraph.  In registering to GulfSpecialists.com you are agreeing to all the terms. Here’s the summary:

GulfSpecialists.com works on a “marketplace” concept. You offer your vacancies, and candidates offer their availability. You can register to the site, create an employer profile, post jobs, browse and connect with candidates, and view our blog for FREE.

 

GulfSpecialists TERMS AND CONDITIONS FOR SUPPLY OF SERVICES TO EMPLOYERS 

 

We operate the website www.GulfSpecialists.com and all associated domains. We are CADUCEUS FZ LLE, a company registered in the United Arab Emirates under license 5906/2014 and with our registered office at Creative Tower, PO Box 4422 Fujairah, UAE. The United Arab Emirates is our country of domicile. Throughout this document, the words “Supplier”, “GulfSpecialists,” “us,” “we,” and “our,” refer to our company, CADUCEUS FZ LLE, our Website(s) or our service, as is appropriate in the context of the use of the words. You may contact us by e-mailing us at info@GulfSpecialists.com.

This page (together with our Privacy Policy and Terms of Use) tells you information about us and the legal terms and conditions (Terms) by which we regulate job posts through our website(s) (our site).

These Terms will apply to any contract between us for the supply of Services to you (Contract). Through these Terms you are referred to as the Customer or “You” or “Your” as is appropriate in the use of the words. Please read these Terms carefully and make sure that you understand them, before posting jobs on our site. Please note that once you are registered with our site, you will be bound by these Terms for all further job posts. If you refuse to accept these Terms, you will not be able to post any jobs on our site.

We amend these Terms from time to time as set out in clause 7. Every time you wish to post a job, please check these Terms to ensure you understand the Terms that will apply at that time. These Terms were most recently updated on October 29th, 2017.

These Terms, and any Contract between us, are only in the English language, and are subject to UAE laws.

 

1.       USE OF OUR SITE

Minors under the age of 18  are prohibited to register as a User of this website and are not allowed to transact or use the website.

Your use of our site is governed by our Privacy Policy, Terms of Use and Referral Terms. Please take the time to read these, as they include important terms which apply to you.

 

 

3.       HOW WE USE YOUR PERSONAL INFORMATION

 

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

 

 

 

 

4.       WARRANTIES

 

4.1       The use of this website is allowed only to employer institutions that will be the end hiring parties of the candidates introduced. Use by recruitment agencies or by any form of hiring intermediary who is not directly representing the end employer constitutes a violation of these terms. If you are not a the end employer, you confirm that you have authority to bind any business on whose behalf you use our site to post jobs or order Services. Please read this agreement carefully. By accessing or using this site in any way you represent that (1) you have read, understand, accept and agree to be bound by these Terms (2) you are of legal age to form a binding contract with CADUCEUS FZ LLE, and (3) you have the authority to enter into the agreement personally or on behalf of the company you have named as the employer, and to bind that company to the agreement. If you do not agree to be bound by this agreement, you may not access or use this site or the service.

4.2       These Terms and any of our Privacy Policy, Terms of Use and constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

4.3       You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them or our Privacy Policy, Terms of Use and Referral Terms.

4.4       You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.

4.5       The Customer gives the Supplier permission to use the Customer’s name, logo (unless specifically requested to be confidential), job description, salary range and testimonial (if provided) on the Supplier’s website(s) and in order for the Supplier to share information with candidates over the Supplier’s website, email, telephone and in any meetings with candidates (if applicable).

4.6       You understand that GulfSpecialists does not inquire into the backgrounds of its candidate users or attempt to verify the statements of its users and that you are responsible for (1) conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a candidate and (2) complying with all laws and regulations relating to the intended employment of any candidate.

4.7 By signing up on this website you automatically consent to the use of your company logo, brand name and other references to your professional affiliation on our website and in other forms of marketing GulfSpecialists.com may perform to promote itself or your adveritsed jobs. You also confirm you have the rights and necessary authorizations by your employer to post jobs and use of your company's brand name and logo.

 

 

 

 

5.       HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

 

5.1       The basis of this contract constitutes the introduction of candidates by the Supplier for employment, in accordance with these conditions. The order shall only be deemed to be accepted when you accept these terms and conditions – agreement via registration on the Supplier’s website or by email exchange with the Supplier being sufficient – at which point the contract shall come into existence (“Commencement Date”).

 

 

 

 

6.       OUR RIGHT TO VARY THESE TERMS

 

6.1       We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.

6.2       Every time you post a job on our website(s), the Terms in force at the time of your job posting will apply to the Contract between you and us.

6.3       We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:

(a)       changes in relevant laws and regulatory requirements

6.4       If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.

 

 

 

 

7.       TERMINATION

 

7.1       Without limiting its other rights or remedies either party may terminate the Contract by giving the other party written notice, or by cancelling its profile on the website.

7.2       Without limiting its other rights or remedies, the Supplier may terminate the Contract with immediate effect by cancelling the Customer profile on the website if the Customer fails to pay any amount due under this Contract on the due date for payment.

7.3       On termination of the Contract for any reason:

(a)       the Customer shall immediately pay to the Supplier all of the Supplier’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has yet been submitted, the Supplier shall submit an invoice, which shall be payable by the Customer immediately on receipt;

(b)      the accrued rights and remedies of the parties as at termination shall not be affected, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry; and

(c)       clauses which expressly or by implication have effect after termination shall continue in full force and effect.

 

 

 

 

8.       LIMITATION OF LIABILITY

 

8.1       These Terms limit or excludes our liability for:

(a)       death or personal injury caused by our negligence;

(b)      fraud or fraudulent misrepresentation;

(c)       breach of the terms;

8.2       We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)       any loss of profits, sales, business, or revenue;

(b)      loss or corruption of data, information or software;

(c)       loss of business opportunity;

(d)      loss of anticipated savings;

(e)       loss of goodwill; or

(f)       any indirect or consequential loss.

8.3       Our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, including losses caused by the Supplier’s deliberate personal repudiatory breach shall in no circumstances exceed AED 40,000.

 

 

 

 

9.       COMMUNICATIONS BETWEEN US

 

9.1       When we refer, in these Terms, to “in writing”, this will include e-mail.

9.2       Following sign-up on the Supplier’s website, the Customer consents to being automatically subscribed to receive the Supplier’s email newsletter and emails which are sent as part of the Supplier’s standard operations.

9.3       Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

 

 

 

 

10.       OTHER TERMS

 

10.1    We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

10.2    You may only transfer your rights or your obligations under these Terms to another entity if we agree in writing.

10.3    This Contract is between you and us. No other person or entity shall have any rights to enforce any of its terms.

10.4    Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

10.5    If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

10.6      Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE”. We both irrevocably agree that the courts of the UAE shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).