Terms of serviceThis website and its contents are the property of Opening HR Limited T/A Opening (‘Opening’). These Terms of Service (“Terms”) govern your access to and use of this website, the Opening search engine, employment management tools, any other Opening websites and services (the “Services”), and any information, text, graphics, social profiles or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditional on your acceptance of and compliance with these Terms. By joining, or continuing to use or browse the site, you agree to be bound by the Terms. Opening additionally has a policy regarding privacy and user data, which outlines how Opening protects and uses your information
Opening’s rightsAll right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Opening and its licencors. The Services are protected by copyright, trademark, and other laws of both Ireland and foreign countries. Nothing in the Terms gives you a right to use the Opening name or any of the Opening trademarks, logos, domain names, and other distinctive brand features. Opening reserves all intellectual property rights, including, but not limited to, copyright in the Services and Content. The Services and Content may not be: (i) re-sold and/or re-distributed in any material form; (ii) stored in any storage media; and/or (iii) re-transmitted in any media; without the prior written consent of Opening. Any feedback, comments, or suggestions you may provide regarding Opening, or the Services is entirely voluntary and Opening will be free to use such feedback, comments or suggestions as Opening sees fit and without any obligation to you.
Use of your informationOpening uses your résumés, LinkedIn profile, candidate databases or other Content that you provide (“User Information”) to provide you with employment management services. Opening will retain and analyse your data to optimise the Opening search engine algorithm and also to provide anonymous industry statistics.
User agreementYou must not add any Content that: (i) is defamatory or a malicious falsehood in relation to any product, service, person or corporation; (ii) infringes any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information or copyright; (iii) infringes any legislation or regulations of the Republic of Ireland or equivalent state and territory legislation and legislation of any other parliament competent to legislate in relation to the Services or Content or any applicable law in any country where the Content is or will be available electronically to users of the Services; (iv) is threatening, abusive, obscene or otherwise objectionable or that contains sexual, ethnic or racial or other discriminatory language or vilification; (v) is otherwise in violation of any applicable law; or (vi) that would bring Opening, or the Services, into disrepute.
You must not post any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding. Opening reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate user accounts, reclaim usernames or URL’s. Opening also reserves the right to prevent access to specific users, computers or IP address ranges at our sole discretion. Opening also reserves the right to access, read, preserve, and disclose any information as Opening reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Opening, its users and the public.
You must not : (i) access, tamper with, or use non-public areas of the Services, Opening’s computer systems, or the technical delivery systems of Opening’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Opening (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Opening; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services (vi) reproduce any Services or Content in any material form; (vii) distribute any Services or Content in any material form; (vii) re-transmit any Services or Content by any medium of communication; (viii) upload and/or repost any Services or Content to any other website; (ix) “frame” any Services or Content with other material on any other web site.
Some Services provided require you to register before you may use or access them. If you 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. You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You acknowledge and agree that Opening will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Quality of service and supportOpening will use reasonable efforts to ensure that the Service is available twenty-four hours a day, seven days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Opening. to minimize such disruption where it is within Opening’s reasonable control.
Technical support is only available via email. While Opening will work to respond to all requests within 24 hours, there is no agreement to respond within a certain period of time unless otherwise arranged and confirmed in writing.
CancellationYou are solely responsible for properly cancelling your account.
An email or phone request to cancel your account is not considered cancellation.
Opening, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account and your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Opening reserves the right to refuse service to anyone for any reason at any time.
Opening does not endorse any job opening, candidate résumé or any other user provided Content (“User Content”) made available to users as part of the Services. We may not monitor or control User Content and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of User Content and accept no responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
The Services contains links to websites owned and operated by third parties and which are not under the control of Opening. Opening does not take responsibility for the content in, or currency of, any externally linked sites. The inclusion of any link within the Services does not imply endorsement by Opening of the linked site, nor does it suggest any relationship with the organisation linked.
Limited liabilityTo the full extent permitted by law Opening disclaims any and all warranties, express or implied, regarding: (i) the accuracy, reliability, timeliness or otherwise of the Services or Content and/or of any linked sites; (ii) merchantability or fitness for any particular purpose for any service or product contained or referred to in the Services or the Content.
Opening will not be liable under any circumstances for any loss of profits or any damages of any kind recognized by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you: (i) acting, or failing to act, on any information contained in or referred to in the Services or Content ; or (ii) using or acquiring, or your inability to use or acquire, any service or product contained or referred to in the Services or Content.
Opening does not warrant, guarantee or make any representation that: (i) The Services are free of software viruses; (ii) the functions contained in any Services will operate uninterrupted or are error-free; or (iii) errors and defects in the Services will be corrected.
Opening is not liable to you for: (i) errors or omissions in the Services, or linked websites; (ii) delays to, interruptions of or cessation of the Services; or defamatory, offensive or illegal conduct of any user of the Services, whether caused through negligence of Opening, its employees or independent contractors, or through any other cause.
Updates to termsOpening reserves the right to amend or change these terms at any time. Any such modifications shall be effective immediately upon being posted to the site.
No service guaranteesThe Services that Opening provides are always evolving and the form and nature of the Services that Opening provides may change from time to time without prior notice to you. In addition, Opening may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
Governance The use of Services provided by Opening and the agreement set out in these Terms are governed by the laws of the Republic of Ireland, without giving effect to any principles of conflicts of laws. You agree to the jurisdiction of the courts of Ireland to determine any dispute arising out of these Terms.
Waiver / SeverabilityThe failure of Opening to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, at the option of Opening the remaining provisions of these Terms will remain in full force and effect.
Feel free to contact us if you would like to know more, or you have discovered Content or other usage of the Services in breach of these terms. Changes to these Terms will be announced via a Twitter update on the @openingdublin handle.