1. Introduction

This document sets out the terms and conditions subject to which you may use our Site and the Services offered through our Site. Please read these terms and conditions of use (the ‘Terms of Use’) carefully before using our Site and the Services.

By using our Site, you confirm that,

• (a) you have read, understood, agreed and accepted the Terms of Use and that you agree to comply with them and be bound by them (if you do not agree to the Terms of Use, you must not use our Site);
• (b) you are 18 years of age or older; and
• (c) you have the authority to use our Site and accept the Terms of Use;

The Terms of Use once deemed accepted by you constitute a legally binding and enforceable agreement between you and Palamuwen.Com [Private] Limited, a limited liability Company duly incorporated and existing under the laws of Sri Lanka under registration No. PV - 00252509 and having its registered office at No. 45/9, 3rd Lane, Woodland Avenue, Kohuwala, Nugegoda. We recommend that you print a copy of these terms for future reference.

The Terms of Use may be amended from time to time at our sole discretion with or without notice to you. Whenever the Terms of Use is amended, the revised version of the Terms of Use will be posted on our Site and when you click on the ‘Terms of Use’ link you will be directed to such revised version of the Terms of Use. You should therefore read these Terms of Use periodically so as to keep yourself updated with the terms and conditions applicable to the use of our Site. Your acceptance of the terms and conditions includes acceptance of any amendments to such terms and conditions done from time to time.

2. Definitions

In these Terms of Use the following terms shall have the meanings assigned thereto unless the context requires or suggests otherwise:

• 'Account' means an account opened on our Site by a user of our Site in accordance with these Terms of Use
• 'Candidate' means a user of our Site seeking employment opportunities utilizing the Services provided through our Site
• 'Content' means any and all content, information or data in whatever form provided by a user of our Site or Services (including Employers and Candidates) for the purposes of obtaining the Services and using our Site, and includes Job Ads, Vacancies, curriculum vitaes and resumes
• “Employer” means a user of our Site seeking to recruit or hire employees, contractors, consultants or freelance workers utilizing the Services provided through our Site, and includes recruiters, agents and intermediaries
• “Job Ad” means an advertisement posted on or uploaded to our Site by an Employer subject to these Terms of Use advertising a Vacancy
• “Service” or “Services” means all our products and services and any other features, technologies and/or functionalities offered by us on our Website or through any other means.
• “Site” means the www.palamuwen.com website owned and operated by Palamuwen.Com (Private) Limited
• “Terms of Use” means these Terms and Conditions of Use
• “Vacancy” means a vacancy or opportunity for a job/employment (either permanent, fixed term or contract based), freelance work, project work, work as a trainee or apprentice or any other opportunity or requirement for work or services for remuneration, which is the subject matter of a Job Ad.
• “we,” “us” or “our” means Palamuwen.Com (Private) Limited

Copyright notice

All intellectual property rights of whatsoever nature existing in or in respect of our Site and all materials and content incorporated therein or posted thereon, including but not limited to copyrights, database rights, design rights, patents and trademarks belong to us or third party developers or content providers. Use of our Site does not give you any proprietary rights in or in respect of such intellectual property .

3. Use of our Site

3.1 The Services offered through our Site and all features, content, material and information available on or through our Site are provided

• (a) for the benefit of individuals looking for employment opportunities, freelance work and career information; and
• (b) to enable employers to publish employment/job vacancies and opportunities for freelance, project, contract or consultancy work, trainees, apprentices etc.

3.2 You may,

• (a) view pages from our Site in a web browser;
• (b) download pages from our Site for caching in a web browser; and
• (c) print pages from our Site

for the sole purposes of obtaining the Services offered through our Site, subject to the other provisions of these Terms of Use.

3.3 Except as expressly permitted by sections 3.1 and 3.2 or the other provisions of these Terms of Use you must not download any material from our Site or save any such materials to your computer.

3.4 You must use our Site and/or any features thereof and/or any Content and/or the Services,

• (a) in any way that breaches any applicable local, national or international law or regulation;
• (b) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• (c) for the purpose of harming or attempting to harm minors in any way;
• (d) to defame, disparage, bully, insult, intimidate or humiliate any person or group of persons;
• (e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content standards;
• (f) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
• (g) knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
• (h) to include Content on your personal profile page which contains video, audio, photographs, or images of any person,

• (i) under the age of eighteen (18); or
• (ii) any person over the age of eighteen (18) without his or her express consent and permission.

3.5 Unless you own or control the relevant rights in the material, you must not,

• (a) republish Content or material from our Site (including republication on another Site);
• (b) sell, rent or sub-license material from our Site;
• (c) show/display any material from our Site in public;
• (d) use materials from our Site for any commercial purpose;
• (e) redistribute/transmit materials from our Site; or
• (f) engage in any other unauthorised processing of Content, data or information from our Site

3.6 We reserve the right to restrict access to certain areas of our Site or the whole Site at our own discretion and you must not or make any attempt to circumvent or bypass any access restriction measures on our Site. Any attempt to perform the activities as mentioned under 3.5 above shall be deemed a material breach of these Terms of Use which shall entitle us to terminate the Services immediately on notice in writing. Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorized processing of information.

4. Registration and opening of Accounts on our Site

4.1 You may register and open an Account on our Site as a Candidate or Employer. If you register for an Account, you will be required to provide your first name and last name which we will store in order to create an individual Account for you. We are committed to ensuring your privacy is protected and your information will only be used by us in accordance with these Terms of Use and our Privacy Policy. We will not contact you other than to send you information about jobs, the bulletins you have subscribed to, internal news about our services , offers from our partners and invitations from us to take part in research/surveys aimed at improving our services. We will not disclose your name to a third party unless such disclosure is made pursuant to the Services provided to you through our Site. We have put in place suitable security procedures to safeguard your information.

4.2 The personal details that you provide on registration must be true, accurate and complete. You agree to update your account to reflect any changes, or to notify us accordingly. As part of the registration, you will create a username and password, or you may be provided a username and password by us. You are responsible for keeping your username and password confidential, and you are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by email at support@palamuwen.com if you believe there has been any unauthorized use of your account. We may deny access to a password if we reasonably believe that it is being used by an unauthorized person or that the user is in breach of these Terms of Use.

4.3 Any registration details you use must be personal to you and must not be used by anyone else.

4.4 You must not maliciously create additional accounts on our Site.

4.5 You are responsible for keeping your account details up to date by making the amendments online.

4.6 If, for any reason, we have reason to believe that you have not complied with any of these Terms of Use, or are misusing your Account in any way, we may, at our discretion, cancel, suspend or otherwise restrict your access to your Account immediately and without giving any advance notice.

4.7 Additional functions for Job alerts

In your Account you can manage the “Jobs by email” settings, i.e., the criteria used to match your job alerts. We also send “Instant job match” job alerts based on information shared with us at the time of registration, your search behavior and your job inventory changing. You can at any time deactivate “Jobs by email” or any such other activated services.

4.8 Employer Accounts

• (a) You must, if acting on behalf of an employer (including, but not limited to instances where the employer is an incorporated company, partnership or unincorporated body), have the authority to bind the employer to these Terms of Use.
• (b) To register as Employer you must be based in a territory covered by our services.
• (c) At the point of registration, you may be required to provide additional details in order for us to assess your eligibility to be registered as an Employer. Registration shall be at our absolute discretion, and if we accept you as an Employer on our Site, you shall be entitled to open an Employer’s Account, create Vacancies and/or post Job Ads and create an Employer profile. We shall host the Vacancy and/or Job Ad in accordance with these Terms of Use on our Site. The period for which we shall host the Vacancy and/or Job Ad will depend on the selected plan. Employers shall comply with the applicable Data Protection Legislation (if any) relating to the processing of personal data in respect of the personal data of a Candidate. Employers acknowledge and accept that they are acting as a controller in connection with any personal data obtained relating to a Candidate. It is the responsibility of each Employer to comply with its obligations as a controller and to satisfy itself of the legal grounds for processing any personal data. Employers shall only contact the Candidate in respect of the relevant Vacancy and shall take appropriate security measures (including physical, electronic and procedural measures) to help safeguard such personal data from unauthorized access, loss and destruction.
• (d) By registering as an Employer on our Site, you agree, and hereby give us the right and license to use your name (the name of the Employer) and logo/business identifier in connection with the promotion of our Site and the Services.

5. Services

5.1 Candidate Services

5.1.1 Candidates who register with our Site will have access to additional Site areas and features, which we will determine in our sole discretion. These may include,

• (a) features to enable Candidates to browse our database of job listings;
• (b) features that enable Candidates to receive email alerts, newsletters, notice of competitions, and/or other email notifications from us;
• (c) features that limit the disclosure of confidential information to Employers; and
• (d) any other services specified on our Site from time to time

5.1.2 You acknowledge that we merely provide a facility to connect Candidates and Employers and that we do not vet or monitor the Employers who advertise on our Site, and you agree that you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense that you suffer arising out of the actions or omissions of an Employer.

5.1.3 You must ensure that all the Content you provide to us and/or upload or post on or Site and/or provide through our Site to any registered Employer or any other user of our Site who would rely on the published Content via or in relation to our Site (including but not limited to curriculum vitaes and resumes and the contents thereof) is true, accurate, current, complete and not misleading, and you must keep such information up to date.

5.1.4 We cannot and do not warrant or guarantee that you will receive any offer for employment through our Site, or that you will be selected to fill any Vacancy.

5.2 Employer Services

5.2.1 Employers who register with our Site will have access to additional Site areas and features, which may include:

• (a) the ability to create Vacancies and post Job Ads on our Site
• (b) access to our database of Candidates; and/or
• (c) any other services specified on our Site from time to time

5.2.2 You acknowledge that we merely provide a facility to connect Employers and Candidates and that we do not vet or monitor the registered Candidates or other users of our Site, and you agree that you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense that you suffer arising out of the actions or omissions of a Candidate or any other user of the Site

5.2.3 Employers must treat the data and information in our databases accessible through our Site and/or otherwise available on or accessible through our Site as confidential, and must only use such data and information for the purpose of seeking candidates to fill bona fide Vacancies. Employers must not copy any data or information from any database or from the Site or otherwise record, retain or disclose to any third party any such data or information, for any purpose not expressly permitted by these Terms of Use.

5.2.4 We warrant to recruiters that we will perform the paid-for recruiter services with reasonable care and skill.

5.2.5 We cannot and do not warrant or guarantee that

• (a) Employers will receive any application in relation or pursuant or in response to Job Ad or Vacancy; or
• (b) our Site or databases will hold information regarding employment seekers that are suitably qualified for the Vacancies sought to be filled.

5.2.6 Job Ads

5.2.6.1 A Job Ad shall may advertise only one Vacancy and/or class of Vacancies By way of illustration, a Job Ad may advertise a vacancy for ‘an Accountant’, or vacancies for ‘Marketing Executives’. However, multiple Vacancies, or multiple classes of Vacancies cannot be combined in a single Job Ad. By way of illustration, a single Job Ad shall not advertise a vacancy for an Accountant and a Legal Officer, or vacancies for ‘chefs’ and ‘waiting staff’.

5.2.6.2 A Job Ad may not contain:

• (a) any hyperlinks, other than those specifically authorized by us;
• (b) misleading, unreadable, or 'hidden' keywords, repeated keywords or keywords that are irrelevant to the Vacancy being presented, as determined by us in our reasonable discretion;
• (c) the names, logos or trademarks of unaffiliated companies other than those of the Employer posting the Job Ad save where expressly agreed in writing by us;
• (d) the names of colleges, cities, states, towns or countries that are unrelated to the Vacancy and/or posting;
• (e) more than one Vacancy or class of Vacancies or more than one job or job description;
• (f) more than one location, or more than one job category, unless the relevant feature on our Site so allows;
• (g) inaccurate, false, or misleading information;
• (h) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18;
• (i) Content that, in our sole opinion, is illegal, scandalous, defamatory or obscene or disparaging or insults the sensitivities of any person or group of persons or discriminates against any person or group of persons based on race, religion or sexual orientation
• (j) Content that violates or infringes any third party rights, including copyrights and any other intellectual property rights, in respect of the Content or any data or information included in the Content

5.2.6.3 Representations and Warranties in respect of Job Ads

• (a) You acknowledge that we do not carry out an independent verification of the truth, accuracy or adequacy of a Job Ad or the Content included therein. You take sole responsibility and liability for a Job Ad posted by you and the Content included therein.
• (b) You warrant and represent that all Content included in a Job Ad submitted and/or posted by you is true, accurate and current.
• (c) By submitting for posting and/or posting a Job Ad/Vacancy on our Site, you warrant and undertake that you have the necessary right and authority to so, and that the posting, listing, publication and promotion and/or use and/or dissemination such Job Ad/Vacancy and all Content included therein will not violate or infringe any third party copyrights or other intellectual property rights in or to the Content or any data or information included in the Content or breach any non-disclosure obligation.

6. Cancellation and suspension of Account

We may,

• (a) suspend your Account;
• (b) cancel your Account; and/or
• (c) edit your Account details,

7. Content

7.1 You are solely responsible and liable for the Content you upload and/or post on the Site.

7.2 In respect of all Content that you upload and/or post on our Site, you warrant and undertake that you have the necessary right and authority to so upload/post, and that the posting, listing, publication and promotion and/or use and/or dissemination such Content will not violate or infringe any third party copyrights or other intellectual property rights in or to the Content or any data or information included in the Content.

7.2 You grant to us a non-exclusive, royalty-free license to use your Content in accordance with these Terms of Use and our Privacy Policy for the purposes of providing the Services.

8. Report Abuse

If you become aware of any unlawful material or activity on our Site, or any material or activity that breaches these Terms of Use, please let us know.

9. Our Rights and Liabilities

9.1 We do not warrant or represent,

• (a) the completeness, quality, correctness, accuracy, legitimacy or legality of any Content posted or listed on our Site (including Job Ads, Vacancies, curriculum vitaes and resumes) or of any other the information or data published on our Site;
• (b) that the material on the Site is up to date;
• (c) that the Site or any service on the Site will remain available;
• (d) that Employers will fulfill their responsibilities and obligations towards recruited Candidates and/or the safety, suitability, legitimacy or legality of the employment offered by Employers; or
• (e) the ability of a recruited Candidate to satisfactorily discharge his responsibilities towards the Employer and/or his suitability, qualifications and experience for the relevant post.

9.2 We reserve the right to discontinue or alter any or all the Services and/or to stop publishing or discontinue or take offline or change our Site or any part or feature thereof, at any time in our sole discretion without notice or explanation, and save to the extent expressly provided otherwise in these Terms of Use.

9.3 We reserve the right to remove at our discretion, without incurring any liability therefor, any Content that violates any of these Terms of Use.

9.4 Limitations and exclusions of liability:

9.4.1 We do not screen, review, edit or censor any Content published, listed or posted on our Site (including Job Ads, Vacancies, curriculum vitaes and resumes).

9.4.2 We are not involved in the actual transactions and/or interactions between Employers and Candidates, including, without limitation, applications, offers, evaluation of candidates, interviews, negotiations and recruitment. We have no control over the quality, correctness, accuracy, legitimacy or legality of any Content posted or listed on the Site.

9.4.3 The use of the Site, its features and the Services is at your own risk. You assume all risks associated with dealing with other users with whom you connect or come into contact through the Site. In the event that you have a dispute with one or more users, you release us (and our agents and employees) from all 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.

9.4.4 WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. THE SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS ON THE SITE.

9.4.5 Consequential Damages.

IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES OR EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OR THESE TERMS OF USE (HOWEVER ARISING, INCLUDING NEGLIGENCE) AND ALL SUCH LIABILITY TO YOU OR TO ANY THIRD PARTY WHATSOEVER IS EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Indemnity

You hereby indemnify us, and undertake to keep us, our parent, subsidiaries, affiliates, officers, directors, agents and employees indemnified, against any and all losses damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our Site or any breach by you of any provision of these Terms of Use.

11. Breaches of these Terms of Use

Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, or if we reasonably suspect that you have breached these Terms of Use in any way, we may,

• (a) send you one or more formal warnings;
• (b) prohibit you from accessing our Site;
• (c) block computers using your IP address from accessing our Site; and/or
• (d) commence legal action against you, whether for breach of conduct or otherwise

12. Third party Sites

The Site contains links to third party websites. These links are provided as a service and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of linked third-party Sites and do not make any representations regarding the content or accuracy of information, data or material on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

13. Trademarks

13.1 All right, title and interest into and to the name ‘Palamuwen.Com’, our brands, logos business identifiers, trade names and our registered and unregistered trademarks (collectively, ‘our Marks’) vests exclusively in us. You shall not use our Marks without our express consent therefor, and any such use will constitute an infringement of our rights in respect pf our Marks.

13.2 Any third party registered and unregistered trademarks or service marks displayed on our Site are the property of their respective owners and, unless stated otherwise in these Terms of Use, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

14. Assignment

14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notice to you.

14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15. Severability

Each provision of these Terms of Use is a separately enforceable provision. If any provision of these Terms of Use is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary for these Terms of Use to remain in effect in accordance with its terms as modified by such reformation. The unenforceability or invalidity of any provision shall not affect any other provision of these Terms of Use, and these Terms of Use shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

16. Termination

These Terms of Use remain in effect while you use our Site and, for registered users, as long as your Account remains open. You may close or delete your Account at any time. We may suspend or terminate your Account or your access to parts of the Site, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your Account or related deletion of your information.

17. Governing Law

These Terms of Use shall be governed by the laws of the Democratic, Socialist Republic of Sri Lanka.

18. Dispute Resolution

Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall, if the Parties are unable to resolve such dispute through direct negotiations, be referred for final resolution by arbitration in accordance with the Arbitration Act No. 11 of 1995 by a sole arbitrator. The place of arbitration shall be Colombo.