These Terms constitute a binding agreement between You and Nomad Worldwide Ltd., the company operating this Web site and owner of MongoliaTalentNetwork.com, and are deemed accepted by You each time that You use or access this site or this siteâ€™s services. If You do not accept the Terms stated here, do not use this site or services.
The MongoliaTalentNetwork.com site includes a variety of features and services, including an on-line service to post and search employment opportunities (â€œMongoliaTalentNetwork.com Servicesâ€). The MongoliaTalentNetwork.com site also includes on-line communities designed to facilitate valuable professional and personal networking among users of the MongoliaTalentNetwork.com (â€œUsersâ€) based on common experiences and interests (â€œMongoliaTalentNetwork.com Communitiesâ€). The MongoliaTalentNetwork.com site also allow Users to create individual profiles, which may include personal information (â€Profilesâ€), and to make these Profiles, or aspects thereof, public.
Nomad Worldwide may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the MongoliaTalentNetwork.com site suspended or terminated, at our discretion.
1. Use of MongoliaTalentNetwork.com Content.
Nomad Worldwide authorizes You, subject to these Terms, to access and use the MongoliaTalentNetwork.com Site and the MongoliaTalentNetwork.com Content (as defined below) and to download and print the content available on or from the MongoliaTalentNetwork.com Site solely for Your personal, non-commercial use. The contents of the MongoliaTalentNetwork.com Site, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other MongoliaTalentNetwork.com content (collectively, " MongoliaTalentNetwork.com Content"), are protected under copyright, trademark and other laws. All MongoliaTalentNetwork.com Content is the property of Nomad Worldwide. The compilation (meaning the collection, arrangement and assembly) of all content on the MongoliaTalentNetwork.com Site is the exclusive property of Nomad Worldwide and is protected by copyright, trademark, and other laws. Unauthorized use of the MongoliaTalentNetwork.com Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original MongoliaTalentNetwork.com Content on any authorized copy You make of the MongoliaTalentNetwork.com Content.
Any code that MongoliaTalentNetwork.com creates to generate or display any MongoliaTalentNetwork.com Content or the pages making up any MongoliaTalentNetwork.com Site is also protected by Nomad Worldwide's copyright and You may not copy or adapt such code subject to applicable law.
You may not use any of the MongoliaTalentNetwork.com Content on any other Web site or in a networked computer environment (including, without limitation, by uploading or republishing MongoliaTalentNetwork.com Content on any Internet, Intranet or Extranet site or incorporating the MongoliaTalentNetwork.com Content in any other database or compilation for any purpose). Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
2. Use of the MongoliaTalentNetwork.com Services.
The job posting, CV database (â€œMongoliaTalentNetwork.com CV Databaseâ€) and other features of the MongoliaTalentNetwork.com Site may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, the MongoliaTalentNetwork.com Communities may be used by individuals for permitted professional and personal networking purposes. Your use of the MongoliaTalentNetwork.com Services is also subject to any other contracts You may have with MongoliaTalentNetwork.com. In the case of any conflict between these Terms and any contract you have with MongoliaTalentNetwork.com, the terms of your contract will prevail. The term â€œpostâ€ as used herein shall mean information that You submit, publish or display on a MongoliaTalentNetwork.com Site.
All MongoliaTalentNetwork.com Users agree to not:
(b) take any action that imposes an unreasonable or disproportionately large load on any MongoliaTalentNetwork.com Site's infrastructure;
(c) use any device to navigate or search any MongoliaTalentNetwork.com Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by Nomad Worldwide;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of MongoliaTalentNetwork.com including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of MongoliaTalentNetwork.com;
(h) aggregate, copy or duplicate in any manner any of the MongoliaTalentNetwork.com Content or information available from MongoliaTalentNetwork.com, including expired job postings, other than as permitted by these Terms;
(i) frame or link to any MongoliaTalentNetwork.com Content or information available from MongoliaTalentNetwork.com, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
(k) post any CV or apply for any job on behalf of another party;(l) defer any contact from an employer to any agent, agency, or other third party;
(m) set more than one copy of the same CV to public at any one time;
(n) share with a third party any login credentials to MongoliaTalentNetwork.com;
(o) access data not intended for You or logging into a server or account which You are not authorized to access;
(p) post or submit to MongoliaTalentNetwork.com any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to MongoliaTalentNetwork.com, overloading, "flooding", "spamming", "mailbombing" or "crashing";
(w) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
(x) use the MongoliaTalentNetwork.com Services for any unlawful purpose or any illegal activity, or post or submit any content, CV, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Nomad Worldwideâ€™s discretion; or
(y) post any CV which is not a genuine CV and which attempts to advertise or promote products or services.
Violations of system or network security may result in civil and/or criminal liability. Nomad Worldwide 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.
3. Additional Terms Applicable to Employers.
You are responsible for maintaining the confidentiality of Your employer account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your MongoliaTalentNetwork.com Site registrations and passwords, whether or not authorized by You. You agree to immediately notify Nomad Worldwide of any unauthorized use of Your employer account, Profile, or passwords.
Employers are solely responsible for their postings on MongoliaTalentNetwork.com. Nomad Worldwide is not to be considered to be an employer with respect to Your use of MongoliaTalentNetwork.com and Nomad Worldwide shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on MongoliaTalentNetwork.com.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Nomad Worldwide, including saved CVs, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Nomad Worldwideâ€™s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Nomad Worldwideâ€™s web servers.
In order to protect our MongoliaTalentNetwork.com Community Users from commercial advertising or solicitation, Nomad Worldwide reserves the right to restrict the number of e-mails which an employer may send to Users to a number which Nomad Worldwide deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through the Sites. Nomad Worldwide does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.
A Job posting may not contain:
(a) any hyperlinks, other than those specifically authorized by Nomad Worldwide;
(b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Nomad Worldwideâ€™s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Nomad Worldwide;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 16.
You may not use Your MongoliaTalentNetwork.com job posting to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
(d) post jobs or other advertisements for competitors of MongoliaTalentNetwork.com or post jobs or other content that contains links to any site competitive with MongoliaTalentNetwork.com;
(e) sell, promote or advertise products or services;
(f) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(g) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(h) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(i) promote any opportunity that does not represent bona fide employment;
(j) post jobs on any MongoliaTalentNetwork.com for modeling, acting, talent or entertainment agencies or talent scouting positions;
(k) advertise sexual services or seek employees for jobs of a sexual nature;
(l) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(m) endorse a particular political party, political agenda, political position or issue;
(n) promote a particular religion;
(o) post jobs located in countries subject to economic sanctions of the United States Government; and
(p) except where allowed by applicable law, post jobs which require the applicant to provide information relating 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.
Nomad Worldwide reserves the right to remove any job posting or content from MongoliaTalentNetwork.com, which in the reasonable exercise of Nomad Worldwideâ€™s discretion, does not comply with the above Terms, or if any content is posted that Nomad Worldwide believes is not in the best interest of Nomad Worldwide.
If at any time during Your use of the MongoliaTalentNetwork.com Services, You made a misrepresentation of fact to Nomad Worldwide or otherwise misled Nomad Worldwide in regards to the nature of Your business activities, Nomad Worldwide will have grounds to terminate Your use of MongoliaTalentNetwork.com Services.
Use of the Nomad Worldwide CV Database by Employers
You shall use the Nomad Worldwide CV Database as provided in these Terms and in any contract You have with Nomad Worldwide. You shall use the Nomad Worldwide CV Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Nomad Worldwide CV Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the CV explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Nomad Worldwide CV Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share CV Database seat-based license login credentials with any other party, nor share CV Database pay-per-view license login credentials with any party.
The Nomad Worldwide CV Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any CV holders;
(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to CV holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has informed you that they do not want to be contacted); or
(c) to source candidates or to contact job seekers or CV holders in regards to career fairs and business opportunities prohibited by Section 3.
In order to ensure a safe and effective experience for all of our customers, Nomad Worldwide reserves the right to limit the amount of data (including CV views) that may be accessed by You in any given time period. These limits may be amended in Nomad Worldwideâ€™s sole discretion from time to time.
4. Additional terms applicable to Job Seekers.
When You register with MongoliaTalentNetwork.com, You will be asked to create an account and provide Nomad Worldwide with certain information including, without limitation, a valid email address (Your "Information").
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.
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 MongoliaTalentNetwork.com.
Nomad Worldwide 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 or you have agreed to receive, such offers may be made by Nomad Worldwide or by third parties. Please see Nomad Worldwide's Privacy Statement, for further details regarding Your Information.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your MongoliaTalentNetwork.com account or Your MongoliaTalentNetwork.com account is terminated, all Your account information from MongoliaTalentNetwork.com, including CVs, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from Nomad Worldwide's databases and will be removed from any public area of MongoliaTalentNetwork.com. Information may continue to be available for some period of time because of delays in propagating such deletion through MongoliaTalentNetwork.com web servers. In addition, third parties may retain saved copies of Your Information.
Nomad Worldwide reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
5. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through MongoliaTalentNetwork.com ("User Content") is the sole responsibility of the person from which such User Content originated. Nomad Worldwide claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through MongoliaTalentNetwork.com and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through MongoliaTalentNetwork.com, you grant Nomad Worldwide a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Nomad Worldwide a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Nomad Worldwide and its services. Nomad Worldwide will discontinue this licensed use within a commercially reasonable period after such User Content is removed from MongoliaTalentNetwork.com. Nomad Worldwide reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
If You post User Content in any public area of MongoliaTalentNetwork.com, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on MongoliaTalentNetwork.com retains any and all rights that may exist in such User Content. Nomad Worldwide may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of MongoliaTalentNetwork.com. Nomad Worldwide reserves the right to expel Users and prevent their further access to MongoliaTalentNetwork.com and/or use of MongoliaTalentNetwork.com Services for violating the Terms or applicable laws, rules or regulations. Nomad Worldwide may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Nomad Worldwide, damage Nomad Worldwideâ€™s brand or public image, or cause Nomad Worldwide to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
Nomad Worldwide does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Nomad Worldwide endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
You may not include, in any User Content submitted to MongoliaTalentNetwork.com Communities, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our MongoliaTalentNetwork.com Community Users from commercial advertising or solicitation, Nomad Worldwide reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which Nomad Worldwide deems appropriate in its sole discretion.
Candidate profiles derived from User Content may also be made available through MongoliaTalentNetwork.com. Nomad Worldwide does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the MongoliaTalentNetwork.com site. 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 Nomad Worldwide or in the alternative, where Nomad Worldwide cannot exclusively own all rights in the Submission, You hereby grant Nomad Worldwide a royalty free irrevocable and perpetual license to use the Submission and Nomad Worldwide shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission.
6. Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to MongoliaTalentNetwork.com and is accessible on MongoliaTalentNetwork.com in a way that constitutes copyright or trademark infringement, please contact Executive Director who we have designated as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the MongoliaTalentNetwork.com Site. You can contact the Director as follows:
By mail: Adrienne@MongoliaTalentNetwork.com
Nomad Worldwide Ltd.
PO Box 3340
British Virgin Islands
7. Termination following Infringement of The Copyright Or Other Intellectual Property Rights Of Others.
Nomad Worldwide respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, 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 the MongoliaTalentNetwork.com Site, You agree not to use MongoliaTalentNetwork.com to infringe the intellectual property rights of others in any way. Nomad Worldwide reserves the right to terminate the accounts of any Users, and block access to the MongoliaTalentNetwork.com Site of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Nomad Worldwide reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact the Director of Compliance and Fraud Prevention as set out above.
8. Nomad Worldwide's Liability.
The MongoliaTalentNetwork.com Site acts as, among other things, a venue for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post CVs and Profiles and search for and evaluate job opportunities. Nomad Worldwide does not screen or censor the listings, including Profiles offered. Nomad Worldwide is not involved in the actual transaction between employers and candidates. As a result, Nomad Worldwide is not responsible for User Content, the quality, safety or legality of the jobs or CVs 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 and Nomad Worldwide makes no representations about any jobs, CVs or User Content on the MongoliaTalentNetwork.com Site. While Mongolia Talent Network reserves the right in its sole discretion to remove User Content, job postings, CVs or other material from the MongoliaTalentNetwork.com Site from time to time, Nomad Worldwide does not assume any obligation to do so and to the fullest extent permitted by law, disclaims any liability for failing to take any such action.
MongoliaTalentNetwork.com Communities provides a venue for individuals to network for professional and personal purposes and Nomad Worldwide does not screen or censor the Profiles or User Content on the MongoliaTalentNetwork.com Site. Nomad Worldwide is not involved in the actual communications between Users. As a result, Nomad Worldwide has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the MongoliaTalentNetwork.com Site and makes no representations about any Profile or User Content on the MongoliaTalentNetwork.com Site.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the MongoliaTalentNetwork.com Site. By its very nature other peopleâ€™s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the MongoliaTalentNetwork.com Site.
Because User authentication on the Internet is difficult, Nomad Worldwide 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 behavior of participants on MongoliaTalentNetwork.com, in the event that You have a dispute with one or more Users, You release Nomad Worldwide (and our agents and employees) from claims, demands and damages (actual and consequential and 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 to the fullest extent permitted by law.
The MongoliaTalentNetwork.com Site and MongoliaTalentNetwork.com Content may contain inaccuracies or typographical errors. Nomad Worldwide makes no representations about the accuracy, reliability, completeness, or timeliness of any MongoliaTalentNetwork.com Site or the MongoliaTalentNetwork.com Content. The use of MongoliaTalentNetwork.com and the MongoliaTalentNetwork.com Content is at Your own risk. Changes are periodically made to MongoliaTalentNetwork.com and may be made at any time. Nomad Worldwide cannot guarantee and does not promise any specific results from use of MongoliaTalentNetwork.com. No advice or information, whether oral or written, obtained by a User from Nomad Worldwide or through or from any MongoliaTalentNetwork.com Site shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
If you are a Polish resident, You acknowledge that on the basis of Article 558 ss 1 of the Polish Civil Code, Nomad Worldwideâ€™s warranty for the physical and legal defects of the offered products/services is excluded.
Nomad Worldwide encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall Nomad Worldwide be liable for the deletion, loss, or unauthorized modification of any User Content.
Nomad Worldwide does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through MongoliaTalentNetwork.com, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 7 above.
If notified of any content or other materials which allegedly do not conform to these Terms, Nomad Worldwide may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Nomad Worldwide has no liability or responsibility to Users for performance or nonperformance of such activities.
9. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, NOMAD WORLDWIDE DOES NOT WARRANT THAT MONGOIATALENTNETWORK.COM OR ANY MONGOLIATALENTNETORK.COM SERVICES WILL OPERATE ERROR-FREE OR THAT ANY MONGOIATALENTNETWORK.COM SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE MONGOIATALENTNETWORK.COM SITE OR THE MONGOIATALENTNETWORK.COM CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, NOMAD WORLDWIDE IS NOT RESPONSIBLE FOR THOSE COSTS. THE MONGOIATALENTNETWORK.COM SITE AND MONGOIATALENTNETWORK.COM CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NOMAD WORLDWIDE, 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. NOMAD WORLDWIDE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MONGOIATALENTNETWORK.COM CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL NOMAD WORLDWIDE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE MONGOIATALENTNETWORK.COM SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE MONGOIATALENTNETWORK.COM SITE AND THE MONGOIATALENTNETWORK.COM CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NOMAD WORLDWIDE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, NOMAD WORLDWIDE'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE MONGOIATALENTNETWORK.COM SITE OR YOUR USE OF THE MONGOIATALENTNETWORK.COM CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. Links to Other Sites.
The MongoliaTalentNetwork.com Site contains links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Nomad Worldwide of the contents on such third-party Web sites. Nomad Worldwide 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.
13. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of the MongoliaTalentNetwork.com Site.
You agree to defend, indemnify, and hold harmless Nomad Worldwide, its affiliates, and their respective 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 User Content or other material You provide to any the MongoliaTalentNetwork.com Site, (ii) Your use of any MongoliaTalentNetwork.com Content, or (iii) Your breach of these Terms. Nomad Worldwide shall provide notice to You promptly of any such claim, suit, or proceeding.
Access to the MongoliaTalentNetwork.com Content may not be legal by certain persons or in certain countries. If You access the MongoliaTalentNetwork.com Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
16. Additional Terms.
Certain areas of the MongoliaTalentNetwork.com Site are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
17. Term and Termination.
These Terms will remain in full force and effect while You are a User of the MongoliaTalentNetwork.com Site. Nomad Worldwide reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the MongoliaTalentNetwork.com Site and immediate termination of Your registration with or ability to access the MongoliaTalentNetwork.com Site and/or any other services provided to You by Nomad Worldwide, upon any breach by You of these Terms or if Nomad Worldwide is unable to verify or authenticate any information You submit to a MongoliaTalentNetwork.com Site registration. Even after You are no longer a User of the MongoliaTalentNetwork.com Site, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 16, inclusive.
18. Scope of Nomad Worldwideâ€™s Obligations
For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (the â€œRegulationsâ€), Nomad Worldwide is not an employment business and generally does not introduce or supply work-seekers to hirers (or vice versa).
The sole exception to the above is where Nomad Worldwide provides its â€œTalent Serveâ€ service. The Talent Serve service may involve the introduction and supply of work-seekers to hirers (and vice versa) but it does not involve the introduction or supply of work-seekers for any job position which involves working with, caring for or attending a vulnerable person.
In providing the Talent Serve service, Nomad Worldwide will use reasonable endeavours to confirm that the work-seeker is willing to work in the position. Furthermore, Nomad Worldwide will use reasonable endeavours to check the identity of the hirer and the nature of its business, the commencement date and duration of the position, the position to be filled including the type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the hirer considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by the work-seeker or whether there are any requirements imposed by law or otherwise for a work-seeker to satisfy before taking up a position.
The Regulations seek to ensure that work-seekers are only proposed by Employment Agencies for roles for which they are properly qualified and that hirers are only offered work-seekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. It is recommended that, if you are a work-seeker you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a work-seeker's suitability for your the role. These could include:
1. If you are a work-seeker; checking the identity of the hirer and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the hirer considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a work-seeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
2. If you are a hirer; checking the identity of the work-seeker and that the work-seeker has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the hirer, to meet to enable a work-seeker to take up a position.
In addition, where professional qualifications are required or where work-seekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the work-seeker and undertake a criminal records bureau check of the work-seeker.