Revised: March, 2022

Advertising Terms of Use

These terms and conditions ("Terms") govern all Advertisers (defined as "Advertiser", "you" and "your") that:

• have accessed the BrighterMonday.com website as an Advertiser via https://www.brightermonday.co.ke
• have placed a Job Ad on www.brightermonday.co.ke;
• have been advised that applications submitted in respect of the position advertised in the relevant ad will be stored on your behalf within BrighterMonday.co.ke;and
• have utilized any features of the Site or BrighterMonday's Products offered through the Site.

Your access to and use of the information, materials and services provided on this Site is conditional upon your acceptance and compliance with the Terms.

Depending on what level of service you choose, there may be other terms that govern your relationship with BrighterMonday in conjunction with these Terms.

For the purposes of this agreement the words "BrighterMonday", "BrighterMonday Limited", "We", "Our" and "Us" refer to BrighterMonday.co.ke and "Site" to materials delivered on www.brightermonday.com, www.brightermonday.co.ke  or affiliate companies including kazi.co.ke

The Site is owned and operated by BrighterMonday.co.ke defined as ("BrighterMonday", "We", "Our" and "Us").

Your continued use of this Site will be deemed as acceptance of these Terms by you.

Variation of Terms

1. BrighterMonday may vary these Terms at any time. If BrighterMonday varies these Terms, it will provide notice by publishing the varied Terms on the Site.

2. You accept that by doing this, BrighterMonday has provided you with sufficient notice of the variation to its Terms.

Payment

3. All amounts owing to BrighterMonday must be paid before service will be fulfilled.

4. You are obliged to pay for the services that BrighterMonday agrees to provide you with regardless of whether you utilize or fully utilize those services. If you do not provide BrighterMonday with the necessary materials or information for BrighterMonday to deliver these services to you, you are still liable to BrighterMonday for full payment.

5. Payments using PesaPal, Flutterwave, or Cellulant will incur a transaction fee, dependent on the selected payment method

6. If you do not pay for services rendered on time, BrighterMonday may disable your account without notice and refuse to supply further services to you.

7. You agree that BrighterMonday may disclose this information to a credit reporting agency or any other interested person. 

Intellectual Property Rights

8. BrighterMonday retains all intellectual property rights subsisting in any of the goods and services provided to you by BrighterMonday. 

Limitation of Liability and Disclaimer

9. BrighterMonday provides no warranty to you that services generally available through the Site will be uninterrupted or error-free. Except where we are unable to exclude our liability by legislation, we, our officers, employees, agents, and contractors will not be liable in any way to you or anyone else for any loss or damage, however, it arises (whether in contract, negligence, or otherwise) out of or in connection with your access and use of the Site.

10. In the case of goods or services supplied or offered via the Site, liability for breach of an implied term which cannot be excluded by legislation, is limited at our option to either, the supply of the goods or services (or the equivalent goods or services) again or the payment of the cost of having the goods or services supplied again.

11. Our limitation of liability under these Terms applies to direct, indirect, consequential, special, punitive, or other damages that you or others may suffer, as well as damages for loss of profit, business interruption, or the loss of data or information, even if we are informed of their possibility.

12. BrighterMonday accepts no responsibility or liability for any errors in your advertisements and you must check your advertisements for errors as soon as they are placed on the Site.

13. BrighterMonday agrees to use reasonable efforts to publish advertisements in the shortest possible time.

14. BrighterMonday cannot and does not guarantee you that files available for downloading through the Site or delivered via electronic mail through the Site, or features and products available through the Site, will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient safety procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

15. BrighterMonday acts as a medium through which individuals seek employment opportunities. BrighterMonday does not vet, nor is it responsible for vetting candidates or the representations made by them whether oral or in writing - including those representations appearing in candidates' resumes. 

Changes to the Site

16. BrighterMonday reserves the right at all times, without the need to have to provide any notice to you, to alter the functionality and/or appearance of its products and services available from BrighterMonday or the Site itself, including but not limited to advertisements on the Site and/or as they are represented on mobile communication devices.

Your Obligations

17. You warrant and agree that:

a. you have the legal capacity and power to agree to be bound by these Terms and perform the obligations under them;

b. advertisements and other works posted on the Site do not breach the intellectual property rights of any third party;

c. all files delivered to BrighterMonday will be free of infection or viruses;

d. you will not use the Site for any illegal purpose;

e. you will not use the Site or any features of the Site or products offered on the Site to upload, download, transact, store or make available data that is unlawful, harassing threatening, harmful, tortious, defamatory, libelous, abusive violent, obscene, invasive of another's privacy, racially or ethnically offensive or otherwise in our opinion objectionable or damaging to BrighterMonday, the Site users or persons generally;

f. if you have engaged a third-party provider to obtain data and/or obtain services from the Site on your behalf, you understand that a breach of these Terms by that provider will be deemed to be a breach of the relevant Terms (including the Product Terms) by you, and BrighterMonday will have the right to take action against you on account of that breach (even if you had no knowledge of, and no involvement in, the said breach); and

g. if applicable you have complied with your obligation under clause 49 of these Terms.

18. You may not assign or transfer any rights and obligations pursuant to these Terms to any other person or entity without BrighterMonday's prior written approval (which will not be unreasonably withheld). If you are a company, any change in your effective control shall be deemed an assignment for the purpose of this clause.

19. You indemnify and will keep indemnified BrighterMonday, its officers, employees, and agents against all claims, actions, suits, liabilities, actual or contingent costs, damages, and expenses incurred by BrighterMonday in connection with:

a. any breach of these Terms or the Product Terms by you;

b. any negligent act or omission by you;

c. the listing or proposed listing of any advertisement by you on the Site or any related site; or

d. an actual or alleged breach by you of any law, legislation, regulations, by-laws, ordinances, or codes of conduct which occurs as a consequence of your advertisement appearing on the Site.

20. You agree at all times to deal with any information or products provided by BrighterMonday or accessed from the Site in a manner that abides by all applicable laws of Kenya or of any other relevant jurisdiction (including, without limitation, privacy and copyright laws).

21. Except as otherwise permitted under these Terms, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Site including code and software.

22. You may not use data mining, robots, screen scraping, or similar automated data gathering, extraction, or publication tools on this Site (including without limitation for the purposes of establishing, maintaining, advancing, or reproducing information contained on our Site on another website or in any other publication), without BrighterMonday's prior written approval.

23. You may not use the Site to post any pyramid scheme on the Site and you also may not ask or require any candidate to pay a fee, charge, cost, or any money whatsoever to apply for any job advertised on the Site whether such fee, charge, cost or money is asked or required of the candidate in the job advertisement itself or in any communication with the candidate that takes place as a result of a job advertisement placed on the Site.

24. You may not use any feature of the Site to send any unsolicited commercial electronic messages to candidates, whether individually or as a group. Candidate management tools may only be used to communicate with candidates in accordance with the Product Terms.

25. You must not release to the public any news release, advertising material, promotional material or any other form of publicity relating to BrighterMonday without BrighterMonday's prior written approval.

26. Any advertisements acquired by you from BrighterMonday must not be on-sold or supplied by you to third parties unless you are a media buyer (as approved by BrighterMonday) whose primary business it is to acquire media on behalf of third parties, or unless you are a job recruiter and supply job recruitment services (as approved by BrighterMonday) in conjunction with the advertisements.

Misuse of candidate data, and on-selling

27. Any personal information of any candidate that you obtain through your use of the Site or any features of the Site or products offered on the Site (including job applications received from candidates) must only be used by you in relation to your genuine employment and/or recruitment activities.

28. Selling or offering services or products (such as learning or educational courses or tools) to candidates whose personal information you have obtained through your use of the Site (including job applications received from candidates) is considered by BrighterMonday to be a misuse of candidate data and is prohibited.

29. You may not under any circumstances provide any candidate personal information you have obtained through your use of the Site (including job applications received from candidates) to any other party, including to any affiliate or related party of yours (unless BrighterMonday has otherwise consented to this). This restriction on forwarding personal information applies irrespective of whether you receive direct financial benefit for doing so.

30. BrighterMonday is resolute in its determination to prevent the misuse of candidate data. If BrighterMonday believes that you have misused candidate data for any reason, BrighterMonday reserves the right to:

a. immediately suspend or terminate your account, and/or suspend or terminate the account of any party that has received candidate personal information from you in breach of these Terms;

b. report any potential contraventions to the relevant authorities; and/or

c. take legal action against you including any number of remedies provided by law, including the award of monetary damages.

Placing Advertisements

31. You must ensure that all advertisements posted to the Site comply with all applicable legislation, regulations, by-laws, ordinances, and codes of conduct.

32. You must adhere to the principles of truth in advertising.

33. You are not permitted to insert links to an external website or an externally hosted application form:

a. within the details of a job ad except in the apply options;

b. within or from a previously approved externally hosted application form;

c. within an employer/company profile; or

d. within any communications with a candidate via Talent Search without BrighterMonday's approval which may be granted withheld or withdrawn at BrighterMonday's discretion.

34. You are not permitted to promote or refer to brands other than those associated with your business, (or a business operated by a related party to you):

a. within the details of a job ad (including from the apply functions);

b. from within BrighterMonday's job application process;

c. within or from a previously approved externally hosted application form;

d. within an employer/company profile; or

e. within any communications with a candidate without BrighterMonday's express approval which may be granted withheld or withdrawn at BrighterMonday's discretion.

35. You may only post Advertisements on the Site that are in respect of a genuine employment opportunity that is current as at the time of posting the Advertisement, and for which you are currently recruiting. BrighterMonday reserves the right to request any information from you that it deems necessary to verify that a genuine employment opportunity exists.

36. You may not post advertisements to the Site to any location outside of Kenya without BrighterMonday's approval. BrighterMonday reserves the right to charge you our then applicable rate for any advertisement posted to any such location in breach of this clause.

37. You must ensure that advertisements posted to the Site are posted to the appropriate category of the Site. It is your responsibility to ensure that you familiarize yourself with the advertising requirements of each available category on the Site to ensure the appropriate placement of advertisements.

38. Advertisers must ensure that all information entered into any data entry field, as part of the advertisement classification process, relates directly to the relevant data field category. BrighterMonday reserves the right to amend, alter or remove any information that does not meet this requirement.

39. BrighterMonday reserves the right and Advertisers must accept as a condition of advertising on the Site, BrighterMonday's right to re-classify advertisements posted to the Site, entitling BrighterMonday to withdraw advertisements from one category of its Site and to re-publish advertisements in another category on the Site.

40. Job advertisements are valid for up to  90 days, although you can choose to expire the advertisement earlier.

41. The following actions constitute a new/additional job advertisement:

a. Changing the job title of a job advertisement;

b. Changing the job description and requirements;

c. advertisements as these will count against your account and BrighterMonday will invoice you accordingly.

Authority to store and retain applications

42. You expressly authorize BrighterMonday to store and retain all applications submitted in response to the relevant ad within the BrighterMonday Employer Zone, rather than emailing those applications to an external source.

Access

43. Your access to the BrighterMonday Employer Zone (and the functionality contained therein) will be via a secure login username and password issued to you by BrighterMonday (the Password). The Advertiser is responsible for:

• Providing BrighterMonday with the identity and contact details of individuals authorized to access the BrighterMonday Employer Zone on your behalf (authorized users);
• Setting authority limits for all authorized users;\
• Ensuring that any Password provided to authorized users is kept secure and confidential.

44. You are responsible for the use of the Password issued by BrighterMonday to enable users to gain access to the BrighterMonday Employer Zone, whether the use is by authorized users or any other person. Any act or omission by an authorized user in respect of the use of the Password and/or the use of the BrighterMonday Employer Zone that breaches these Terms will be deemed a breach of these Terms by you.

45. Once access to the theBrighterMonday Employer Zone has been granted to you by BrighterMonday, the Advertiser will have access to the BrighterMonday Employer Zone and the functionality therein unless such access is terminated by us in accordance with these Terms and/or the Product Terms.

Maintenance

46. BrighterMonday will use reasonable endeavors to ensure that the BrighterMonday Employer Zone is available for access by authorized users at all times. Notwithstanding this, BrighterMonday and its third-party service providers may be required to undertake maintenance and upkeep of the BrighterMonday Employer Zone from time to time. BrighterMonday will endeavor to limit any 'downtime' period.