Web site baraka.work and Baraka application are made available to you on the following terms and conditions. By using the site, the application and the services available on it you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS & CONDITIONS, PLEASE DO NOT REGISTER OR USE THIS WEBSITE, THE APPLICATION OR THE SERVICES.
'BARAKA'; 'baraka.work', 'we'; 'us'; and 'our'; means the website, the application and the services provided you by Grebenuk O.A., PE.
'Candidate'; 'You' and 'Your' means any person registering with us or purchasing any of our services to assist with your job or property rent search.
'Recruiter'; 'You' and 'Your' means any person, company, organisation or firm which purchases services from us to assist your recruitment needs, or to provide you with a property to rent.
The information and services available on the site are provided for the sole purpose of individuals looking for employment opportunities and career information and for employers seeking to recruit staff. Also the services helps to find right property to rent or to find a client for property owners, etc. You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site. All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to Baraka or its third party suppliers. Use of the services does not give you any proprietary rights in such materials. You agree not to deep-link and/or frame the Website or any of the Services for any purpose, unless specifically authorised by Baraka to do so.
Baraka will permit the Candidate and Recruiter to access, use and interact with our site subject to these terms and conditions. Any party using this service for any purpose other than those specifically stated in these Terms and Conditions shall immediately be banned from using this site.
We try to ensure continuous availability of the site and all the services but accept no responsibility for the consequences of interruptions or delays, however caused. All liability of Baraka, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website and/or the Services is excluded, insofar as it is possible to do so in law. We may, additionally, alter the design and specification of the site, app and services at any time.
Candidates and Recruiters need to be aware that Baraka do not introduce or supply Candidates to Recruiters (or vice versa). It is recommended that, if you are a Candidate to ensure your suitability for the role advertised or, if you are a Recruiter, to ensure a work-seeker's suitability for the role you should undertake the steps set out in The Conduct of Employment Agencies and Employment Business Regulations 2003.
You agree that you shall not use the Website or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, untrue, in breach of confidence, in breach of any intellectual property right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm Baraka's computer systems or any third party computer system.
Save to the extent possible by law Baraka does not warrant that our Website or services will operate without error or that the site or services are free from infection by viruses or anything else which has contaminating or destructive properties and Baraka shall have no liability in respect thereof.
Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Website and/or the Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Website, the Services and/or in any directory or other listings or information retrieval service made available on or by the Website and/or the Services has been so made available for guidance only. In addition, Baraka makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. Your use of such information and/or data is therefore entirely at your own risk. All liability of Baraka, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Website and/or the Services is expressly excluded to the fullest extent permitted by law.
Notwithstanding the foregoing, none of the exclusions and limitations in these terms are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Baraka's liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
Our website and other Services contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Baraka of the contents on such third-party Web sites. Baraka 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 FURTHERMORE you acknowledge that Baraka is not responsible for third party content on the Website or the Application and that Baraka cannot ensure that material presented on the Internet is legal. Baraka will not limit access to material unless notified that it is illegal. In particular, you acknowledge that Baraka is not responsible for and does not monitor the content of job and property postings provided by third parties on the Website or the Application. However, Baraka shall have the right to remove any postings, materials or other items on the Website or Services which it believes may be illegal or which it determines to be inappropriate.
You agree to defend, indemnify, and hold harmless Baraka, 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 Baraka Site, (ii) Your use of any Baraka Content, or (iii) Your breach of these Terms. Baraka shall provide notice to You promptly of any such claim, suit, or proceeding.
These Terms will remain in full force and effect while You are a User of any Baraka Site. Baraka 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 Baraka Sites and immediate termination of Your registration with, or ability to access the, Baraka Sites and/or any other services provided to You by Baraka, upon any breach by You of these Terms or if Baraka is unable to verify or authenticate any information You submit to a Baraka Site registration. Even after You are no longer a User of the Baraka Sites, certain provisions of these Terms will remain in effect. Baraka may terminate, suspend or deny you access to the Website and/or Services immediately for any reason without incurring any liability whatsoever to you.
Where you are asked to complete a registration form the personal details that you provide must be true, accurate and complete. You agree to notify us of any changes which are relevant to your registration.
Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
If any provision of this Agreement or part thereof is determined to be invalid, unlawful or unenforceable, such provision, or part thereof, shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
This Agreement constitutes the entire agreement between the parties in respect of its subject matter NOTWITHSTANDING that Baraka reserves the right to vary this Agreement from time to time (including the services offered by Baraka). Such changes shall either be notified to you by e-mail or posted on the Website via the logged in candidate or recruiter home pages. Changes in this manner shall be deemed to have been accepted if you continue to use the Website and/or the Services after a period of two weeks from the date of transmission of the e-mail or newsletter, or of posting on the Website, whichever occurs later.
Any notices from us to you, or you to us, shall be sent by email or first class post to, in your case, the last address that you provided us, and in our case, our registered office, and shall be deemed to have been received two business days after the date of dispatch.
Please note that all calls may be recorded for staff training purposes.
This Agreement shall be governed by the laws of The Russian Federation and you hereby submit to the exclusive jurisdiction of the Russian courts.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any material placed by You on the Baraka Sites and the Application. You should be aware (subject to the contact details you provide) that you may be contacted directly by Recruiters by email, post or telephone.
The Candidate is liable if they are contacted by the Recruiter without intervention from Baraka.
Enhanced Candidate Profile:
Baraka does not discriminate against anyone registered to or using the Baraka website or application. We try to ensure that all possible measures are taken to prevent any vacancies advertised or searches do not discriminate against age, disabilities, gender or race. The search tools in place on the site do not have the functionality to exclude any Candidates with disabilities. It is down to the users themselves to ensure they comply with discrimination laws.
Services and information provided on the site by us and our third party suppliers are intended to assist in the job seeking or recruitment process. Neither we nor our third party suppliers can guarantee their suitability or prospects of success in any particular case. You should obtain independent verification before relying on information provided on the site in circumstances which may result in loss or damage.
Our liability, and the liability of our third party suppliers, for any loss or damage suffered by you as the result of your use of this site is limited to your actual direct damages and, except in the case of fraud, excludes any loss of future earnings, profit or prospects or any consequential or speculative loss. As required by law, this exclusion does not extend to death or personal injury caused by our negligence.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your account or Your account is terminated, all Your account information from Baraka, including CVs, Profiles, cover letters, saved jobs, property listings, favourites, questionnaires will be marked as deleted and will be deleted from Baraka's databases within a reasonable time period. Third parties may retain saved copies of Your Information.
Baraka reserves the right to delete Your account and all of Your Information after a significant duration of inactivity or in the event that any of our terms have been breached by you.
By registering your CV on Baraka you agree that we may also store and show your CV and profile details, to recruiters, on any other job board owned directly by Baraka Ltd (including the BritishJobs Network and Resume-Library).
On receipt by us of your submitted information via our on-line form, application form, email, telephone agreement or signed service agreement, you will be deemed to have accepted all of these terms and conditions, and will be granted access (subject to receiving payment) to our database in accordance with these terms and conditions. You also agree that all of the information you supply to us is correct, truthful and complete. You agree to inform us by email, telephone, within the website and the application form or post of any changes to any of the information supplied by you to us. We reserve the right to terminate this agreement in the event that any of the information provided by you to us, is no longer current or accurate or in the event you are in breach of these Terms & Conditions.
We will take reasonable steps to provide a reliable service to you. However, we cannot guarantee the accuracy or authenticity of any of the CVs stored in our database. You acknowledge and accept that this is beyond our control, and refunds cannot be given in the event of untruthful information being submitted by Candidates.
You acknowledge and accept that all rights to information provided by third parties are reserved by those third parties, and that such information may not be used in any way that infringes any proprietary interests of those third parties. You agree not to disclose any information provided by the Candidates to any third parties, or those not directly related to the recruitment process of the individual(s) in question.
You acknowledge and accept that you will at all times comply with the provisions of current data protection legislation. And you will not, by any act or omission cause Baraka to be in breach of current data protection legislation.
You acknowledge and accept that you are acting as a data controller for the purpose of current data protection legislation in connection with any personal data obtained in the provision of the Services by Baraka. It is your responsibility to comply with your obligations as a data controller and to satisfy yourself of the legal grounds for processing any personal data.
Baraka acknowledges that it will act as a data controller for the purposes of current data protection legislation and that it will comply with its legal obligations in the provision of the Services.
Any personal details which you provide to us from which we can identify you are held in accordance with our Data Protection Registration. You are obliged to have a lawful basis for the transfer of any personal data you provide to us. You agree that you do not object to us using this information to contact you for the purpose of improving our service to you, requesting payment(s), discussing account status, and you confirm that you do not consider any of the above as a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
In relation to the Google Maps API, you acknowledge and accept that by using Baraka you are bound by Google's Terms of Service.
Reselling of Baraka's services from 'recruitment agencies/flat fee companies' to other companies or agencies for the purpose of recruitment is not allowed on the site without prior written permission from Baraka in the event that this occurs your account will be cancelled without refund. Permitted Resellers are also bound by the following:
Downloading or leeching our CV database, wholly or in part, for any reason other than recruiting for a current vacancy is strictly forbidden and will result in immediate cancellation of your account, without refund. Downloading using any software other than a browser or the application is also strictly forbidden and will result in immediate cancellation of your account, without refund. Legal action may be taken against you. Baraka's database usage functions on a search and selection process; CVs must be previewed to ensure relevancy against a specific job vacancy prior to download. Bulk downloading CVs is not permitted.
Contacting Candidates via email or other means, for any reason other than recruitment or property rental is strictly forbidden.
You agree not to put excessive load on our servers.
With regards to fixed users, you agree that only these users will have access to the account. If any unauthorized users attempt to access the account, or if the account is accessed from other locations, we reserve the right to cancel your account immediately, without refund.
You shall use the Baraka CV Database as provided in these Terms and in any contract You have with Baraka. You shall use the Baraka 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 Baraka CV Database or other listings 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 agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring Baraka into disrepute. You will indemnify us from and against any claim brought by an individual against Baraka arising from your breach of this obligation or any other of these terms and conditions.
We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that Candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
We have rules regarding the content and format of jobs posted on Baraka. Their purpose is to ensure that users who search the site or the Baraka database get results which are presented as clearly and informatively as possible. You agree that we may, at our discretion and without liability to you, remove from Baraka any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.
Your job posting(s) can be distributed to and displayed across our network of selected partner sites (for details of our partner sites please see www.Baraka.co.uk/network). Your job posting(s) can be excluded from selected/all partner sites upon request by contacting your Client Response Coordinator. The following cannot be guaranteed:
Job credits must be used within the Fixed Term; time will not be extended for job credits that have not been posted or posted part of the way through the Fixed Term (for example, if you sign up for one job credit over a one month fixed term and this is posted on the 21st day the job will expire on the last day of the one month fixed term).
All information provided to you by us is confidential, you will not disclose your username and/or password to any persons outside of your company. If disclosure occurs we reserve the right to terminate this agreement immediately and seek compensation. Passwords are for the sole use of the person to whom they are issued. Passwords must be kept confidential and secure. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is breaching these terms and conditions. You agree to notify us as soon as reasonably possible in the event that your password is, or may be, known to any person(s) other than those within your organisation. Upon notification of such an event, we will render such password inoperable, and will issue a new password by a mutually agreed method (telephone or email or post).
Other than through our negligence or wilful default, we shall not be liable for any losses, damages or claims which result directly or indirectly from any person obtaining any passwords that we have issued you. Our total liability to the Customer in respect of any Services, except for death or personal injury caused by our negligence, is limited to the total amount paid to us during the Contract Term for such Services or £10,000, whichever is the greater.
Baraka acts as an agent, and is not responsible for the content of job or property adverts from different employers/agencies. If you have an issue with a job advert that is not your own, you should deal with this directly and not through Baraka.
Refunds cannot be provided if the Candidate is not of the desired age, sex, race, or nationality, as these criteria contradict our equal opportunities policy, and common decency.
The terms and conditions of this agreement will continue unless terminated by you or us, by notice in accordance with this section.
iii. You are an individual and are declared bankrupt or enter into any arrangement or compromise with your creditors, or you cease to trade;
iii. We become insolvent, cease to trade or go into liquidation