Terms of Agreement for Application Highlight

1. Application Highlight

Bayt.com Application Highlight Services ("Application Highlight") are defined as paid services provided by Bayt.com ("Bayt") to you ("Customer") whereby Bayt.com will allow the Customer:

(a) To purchase a limited number of credits for a limited period of validity (40 credits for 2 calendar months validity)
(b) To use these Application Highlight credits while applying to job posted on Bayt.com Site only with a CV “completed” in the Bayt.com Workspace. (Completed CV - by Bayt.com definition implies a CV with all compulsory fields completed relevant to r the specific CV upload option) (Note: Application Highlight Credits cannot be used for employer searches)
(c) To use 1 credit per application per posting; to highlight the Customer’s profile in the Employer Application Folder (defined as a folder in the Employer Account in Bayt workspace; which collects all applications to a specific posting; posted by the concerned employer on the Bayt Site).

It is understood that the customer needs to have at least one complete CV while applying to a Job posting, the Application Highlight credits cannot be if a client does not have a “complete” CV in their workspace. Such an eventuality will not construe grounds for refund

A highlight credit once used for a job posting cannot be recalled. All credits have to be consumed within 2 calendar months. Any unused credit cannot be carried over to successive months. Once Application highlight credits are purchased, they can be used to highlight profiles for postings previously applied to, subject to the fact that these postings are still active.

Part or full non- usage of purchased Application Highlight credits will not be grounds for refund in whole or on Pro-rata basis.

2. Payment

All amounts payable by Customer must be received in full prior to commencement of Service. Customer will be responsible for the payment of any present or future sales, use, excise or other similar tax (excluding taxes based on Bayt.com''s net income) applicable to the services hereunder. Amounts paid hereunder are non-refundable.

3. No Warranties

Bayt.com MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT WITH RESPECT TO ITS APPLICATION HIGHLIGHT SERVICES, OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS OF USE THEREOF.

In light of the above, Customer further acknowledges that:

(a) Bayt.com is not and may not be involved in any means in any transaction between Customer and employers.
(b) Bayt.com has no control over the quality, safety or legality of Postings, or other material posted, the truth or accuracy of the information provided by Customer, the ability of employers to offer interviews and/or employment opportunities to Customer or the ability of Customer to fill job openings. Bayt.com makes no representation about the truthfulness, accuracy, reliability, completeness, or timeliness of any Job Posting and cannot be responsible for the form, content and accuracy of any of the postings or other material submitted by Employers.
(c) Bayt.com Usage of Application Highlight or otherwise does not make Bayt.com construe and explicit or implicit promise of interview or employment or view on a CV, or the decision regarding Employer Postings Customers posting CVs and/or cover letters on The Web Site site.
(d) Bayt.com makes no warranties whatsoever that Customer will obtain interviews and/or employment via Application Highlight, nor any warranties about (and take no responsibility for) any interview or employment Customer may obtain. In the event that Customer has a dispute with an employer, Customer agrees to release Bayt, its agents and employees from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
(e) Bayt.com does not warrant that the site and/or Application Highlight will operate error-free or that the site and/or Application Highlight and its server (or any software and materials accessible through the site) shall remain free of computer viruses or other harmful mechanisms. It is agreed between the Parties that if the use of the site and/or Application Highlight results in the need for Customer for servicing or replacing equipment or data, Bayt.com shall not be responsible for those costs. Bayt.com makes no further warranties about the accuracy of the software, texts, graphics, and links used in relation with and/or on The Web Site site and/or Application Highlight.
(f) In no event shall Bayt.com be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, incidental and consequential damages, lost profits, or damages resulting from lost data) arising out of or in any way connected to the use or inability to use The Web Site site and/or Application Highlight (or any linked sites) and the material or for any information, software, products and services through the Web Site site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Bayt.com is advised of the possibility of such damages.

4. Indemnification

(a) Customer will indemnify Bayt.com and its respective officers, directors, employees and agents (each, in such capacity, an "Indemnified Party" and, collectively, the "Indemnified Parties"), from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from (i) a breach by Customer of this Agreement or of any representation, warranty, covenant or agreement contained herein, or (ii) the provision of any material to the Site by or on behalf of Customer, including but not limited to claims of breach of third party intellectual property rights. For purposes of the foregoing indemnity, the parties acknowledge that the following items will not constitute material provided to the Site by or on behalf of Bayt: all job postings and listings, all CV, all cover letters, all CV evaluations, Highlighted CVs (Through Application Highlights) all chat room submissions, all message board submissions and all materials submitted by or on behalf of Customer.

5. Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, (A) Bayt.com WILL NOT BE LIABLE TO ANY OTHER PARTY (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM THE OTHER PARTY'S RIGHTS) FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND - INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA - ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER (INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY BREACH HEREOF), REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF AND (B) Bayt.com's MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO Bayt.com HEREUNDER.

6. Terms of Use

Notwithstanding anything to the contrary contained herein, Customer's use of the Site and any other site operated by an affiliate of Bayt.com is subject to the terms of use available from the applicable Site's homepage through the link "Terms of Use". By agreeing to the terms of this Agreement, Customer hereby agrees to abide by such Terms of Use, as they may be amended from time to time. To the extent there is any inconsistency between the additional terms of use described above in this paragraph and the terms of this Agreement, the terms of this Agreement will control.

Bayt.com specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

(a) Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate CV (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
(b) Impersonating any person or entity, including but not limited to a Company official, forum leader, guide or host or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
(c) Posting or transmitting any content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements).
(d) Posting any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
(e) Posting or transmitting any unsolicited advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation or any non-CV information such as opinions or notices, commercial or otherwise.
(f) Transmitting, posting, distributing or storing any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually-explicit, libelous, hateful, racially, ethnically or otherwise objectionable to another user or any other person or entity.
(g) Posting or transmitting any Content that contains viruses or corrupted data, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
(h) Deleting any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature.
(i) Using the Web Site's communication features in a manner that adversely affects the availability of its resources or other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text).
(j) Uploading, transmitting or posting any Content or using the Web Site in any manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or violate the privacy, publicity or other personal rights of any third parties.
(k) Responding to any employment opportunity on the Web Site for any reason other than to apply for the job. Communications soliciting the employer's business by our competitors are prohibited.
(l) Printing out or otherwise copying or using any personally identifiable information about employees or business information about employers. Unsolicited e-mail, telephone calls, mailing or other contacts to posting individuals and companies are prohibited.
(m) Reselling or assigning your rights or obligations under these Terms and Conditions of Use.
(n) Making any unauthorized use of the Web Site.
(o) Violating any applicable local, state, national or international law or regulation.

7. Miscellaneous

Notwithstanding anything to the contrary contained herein, Customer will not use or attempt to use, and will cause each party under Customer's control not to use or attempt to use, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Bayt.com on the Site and other than generally available third party web browsers (e.g. Netscape Navigator, Microsoft Explorer). This Agreement (i) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto as well as any purchase orders not supplied by Bayt.com that have been or may from time to time be submitted by Customer, (ii) may be signed in counterparts, (iii) will be governed by the laws of the United Kingdom (other than the conflicts of laws provisions thereof), (iv) may not be amended, terminated or waived orally, and (v) may not be assigned or resold, in whole or in part, directly or indirectly, by operation of law, merger, asset or stock sale or transfer or otherwise, by either party, except to a party controlling, controlled by or under common control with the assigning party, provided that written notice of any such permitted assignment will be given to the non-assigning party prior to any such assignment and provided further that the assignor will remain jointly and severally liable with the assignee for all obligations of the assignor and assignee hereunder, regardless of whether such obligations arise prior to, at, or subsequent to the assignment. Notwithstanding the foregoing, Customer will use all products and services purchased hereunder solely for its own internal business purposes and will not resell or transfer to any third party any product or service provided by Bayt.com to Customer hereunder. Any terms of this Agreement that may be invalid will not affect the validity of enforcement of the remaining valid terms of this Agreement. The terms and conditions of this Agreement may not be amended without the affirmative written consent of both parties. All notices given hereunder will be given by first class mail, return receipt requested, or overnight courier, to the respective address set forth herein, and will be deemed given upon actual delivery thereof. The headings used herein are for ease of reference only and will not be used to construe or interpret the provisions of this Agreement.