These terms and conditions are the contract between you and CareerJay (“us”, “we”, etc). By agreeing to become one of our Luminaries and visiting or using Our Website, you agree to be bound by them
CareerJay is a trade name of CareerJay Ltd, company number 677190, registered in Ireland, whose registered office address is suite 10320, 27 Upper Pembroke Street, Dublin 2, Ireland
“Be” means a course offered for sale on the Learning Hub for Our Website which is designed to provide a more detailed examination of a subject and encourages Our Members to “be more than you think”
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content such as marketing material, and all other product or service related material Posted by you
“Event Hub” means the area of Our Website where physical events are sold to Our Members and where virtual events are sold, accessed, and attended by Our Members
“Exceed” means a course offered for sale on the Learning Hub for Our Website which is designed to provide facilitated, expert led study of a subject and encourages Our Members to “exceed where you have risen”
“Free Member” means a Member who purchases Luminary Services and Learning Content via Our Website on a pay as you go basis and does not pay a monthly or annual subscription fee for Our Website
“Learning Content” means course content for Think, Be, Rise and Exceed courses offered for sale to Our Members via the Learning Hub of Our Website
“Learning Hub” means the area of Our Website where Learning Content is uploaded to be sold, accessed, and consumed by Our Members
“Luminary” means you, a person or organisation registered on Our Website to provide a Luminary Service and/or Your Learning Content offered for sale or free of charge, to Our Members through Our Website
“Luminary Service” and “Your Service” means the service you offer for sale through Our Website for the purposes of supplying career management and personal development services, including but not limited to coaching; facilitation; events; personal profiling; and branding services
“Our Members” and “Member” means a person or organisation who has registered to use Our Website
“Our Service” means the service we provide to enable you to sell Luminary Services and Learning Content via Our Website
“Our Website” means any website of ours, and includes all web pages controlled by us
“Premium Member” means a Member who has subscribed to Our Website via a monthly or yearly subscription fee. Premium Members receive Think Learning Content as part of their subscription fee and can purchase Be, Rise and Exceed Learning Content and Luminary Services via Our Website at a discounted premium rate
“Post” means place on or into Our Website any Content or material of any sort by any means
“Rise” means a course offered for sale on the Learning Hub for Our Website which is designed to provide a focussed examination of a subject and encourages Our Members to “rise from where you have been”
“Think” means a course offered for sale on the Learning Hub for Our Website which is designed to provide an overarching awareness of a subject and encourages Our Members to “think where you are going”
“Your Customer” and “Customer” means the person or organisation who has entered into a contract with you for Luminary Services and/or Your Learning Content via Our Website
“Your Learning Content” means Think, Be, Rise and Exceed course Learning Content developed by a Luminary and offered for sale to Our Members via the Learning Hub of Our Website
2.1. The relationship between us is solely that:
2.1.1 we provide for you an internet market place as an arm’s length contractor to supply Luminary Services and/or Your Learning Content to Our Members via Our Website;
2.1.2 we act as your agent solely in the collection of money paid by Your Customer;
2.1.3 we are not your partners or joint venture partners
2.2. You must register to be a Luminary on Our Website to set up a Luminary account on Our Website to sell Luminary Services and/or Your Learning content to Our Members
2.3. We reserve the right in our sole and absolute discretion to accept or refuse your request to become a Luminary of Our Website and to provide you with a Luminary account on Our Website
2.4. You are responsible for maintaining the confidentiality of any passwords that you use to access your Luminary account and all activity occurring under this account. You agree to notify us immediately of any unauthorised use of your Luminary account or any other security breach. We do not accept any liability for any loss, damage or other liability caused by your failure to comply with this clause or for any unauthorised access or use of your Luminary account
2.5. It is your responsibility to protect your computers against any viruses and malware
2.6. If you place a Luminary Service and/or Your Learning Content for sale on Our Website, you do so subject to these terms
2.7. You may not encourage or incentivise a Member of Our Website to obtain or purchase a Luminary Service and/or Learning Content listed on Our Website from an alternative source
2.8. When you place a Luminary Service and/or Your Learning Content on Our Website, you will be bound to provide all the information required by the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013
2.9. We may change this agreement in any way at any time by reasonable notice, including without limitation by posting revised terms on this page of Our Website, those amended terms shall be binding upon you
2.10. Although we are not a party to your contract with Our Member introduced to you via Our Website, we shall remove Your Services and/or Your Learning Content from offer via Our Website if Our Member has a valid complaint against you
2.11. Without prejudice to any other remedy, we may terminate your Luminary account and any or all contracts with immediate effect in the event of a material or persistent breach of these terms by you
2.12. We reserve the right to remove your access to Our Website and close your Luminary account at any time without reason at our sole and absolute discretion. Examples of when we may remove your access to Our Website and close your Luminary account include, but are not limited to:
2.12.1 where you have failed to provide full or accurate contract or company information;
2.12.2 where we consider you to be acting inappropriately or illegally;
2.12.3 where you have failed to provide evidence of a current policy of professional indemnity insurance for the work you perform for Our Members in an amount of not less than TWO MILLION Euros (€2,000,000);
2.12.4 where we have decided that you have not met the requirements of our Luminary verification process
2.13. Subject to this agreement and to the procedures set out on Our Website, you may enter a Luminary Service and/or Your Learning Content for sale through Our Website
3.1. You authorise us to take any action that may reasonably be required from time to time, to protect your interests and ours in connection with a breach or possible breach of the Regulations
3.2. Because we are not your agents except to market Your Service and/or Your Learning Content and take payment, all your obligations under the Regulations must be fulfilled by you. That means the information you provide to us by entry or upload into Our Website must be clear, sufficient and complete, to comply with the Regulations
3.3. On Our Website, we will provide a route for Our Member to allow them to deal directly with you as a Customer. That will include options relating to supply and cancellation of their order
3.4. We will also provide regulatory information relating to commencement and cancellation. We expect you to comply with those terms. The terms on Our Website will be communicated only as information to the Member and not as contract terms
3.5. Because every reference to Your Learning Content and/or Luminary Service of yours, made by you or by us, may be treated by a consumer as contractual, you agree that no content on your website will contradict content you place on Our Website
You agree:
4.1. not knowingly to place any Luminary Service for sale which is not of merchantable quality or which requires for its setup or use a level of technical expertise which is not fully explained to a Customer before purchase;
4.2. immediately to remove from sale on Our Website any Luminary Service which for any reason, you are unable to supply;
4.3. not to re-place any Luminary Service we remove from offer for sale;
4.4. to use Our Website in ‘good faith’ i.e. to facilitate courses, assessments and events for the purposes of career management and personal development and to provide coaching services, personal profiling and branding services;
4.5. that any abuse of Our Website, Our Members or these terms can result in your access to our Website being removed
You agree that you will at all times to:
5.1. reply promptly and in any event within 24 hours to any Customer message or other correspondence;
5.2. comply with the law relating to all aspects of the contract between you and Your Customer, relating in particular to your obligations to provide full information and accept cancellation and returns;
5.3. when you have an obligation to return money to a Customer for any reason, you will do so immediately in line with the Cancellation and Refunds Policy set out on Our Website;
5.4. comply with the CareerJay procedures relating to satisfaction of an order, the Luminary Code of Conduct and Our Member Safeguarding Policy as set out on Our Website from time to time;
5.5. to provide information to us in respect of any claim for non-supply and any dispute as to payment, so as to enable us to identify the possibility of fraud
6.1. CareerJay is not responsible for the fulfilment of your contract to sell a Luminary Service
6.2. You agree that a service contract offered by you is a firm and binding contract as soon as Your Customer’s payment has been accepted by our licensed payment provider
6.3. Luminary Services may be offered for sale subject to any discount or promotion arranged
6.4. Luminary Services are offered for sale at a flexible price as agreed between you and Your Customer. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged
6.5. Subject to discounts and promotions, Learning Content is offered for sale at a fixed price as prescribed in our Sales Price for Luminary Service Policy. VAT may be due and will be either included in the price or shown separately. If not shown, it will not be charged
6.5. Luminary Services will be offered for sale and sales made, subject to the terms and conditions applicable to Our Members. You accept and endorse these terms and agree to comply in all respects with the corresponding obligations of a Luminary. You may view the Member’s conditions on Our Website at any time
7.1. You sell Your Service at the price agreed by you with Your Customer subject to our commission set out in our Sales Price for Luminary Services Policy which can be found at careerjay.com/legal/luminary-financials and is subject to these terms and the requirements we set out on Our Website from time to time
7.2. We sell Your Content at the price set out in our Sales Price for Luminary Services Policy which can be found at careerjay.com/legal/luminary-financials and is subject to these terms and the requirements we set out on Our Website from time to time
7.3. Our commission on Your Services is payable on demand. You irrevocably authorise us to deduct this from the sums paid to our licenced payment provider by Your Customer
7.4. The proportion of each sale receipt retained by us as our commission varies by the category of Luminary Service provided as set out in our Sales Price for Luminary Services Policy which can be found at careerjay.com/legal/luminary-financials
7.5. We may change both the sales price for Your Content and our commission for Your Service in any way at any time by reasonable notice, including without limitation by posting a revised Sales Price for Luminary Services Policy on Our Website at the URL careerjay.com/legal/luminary-financials, those amended fees shall be binding upon you
7.6. We will provide you with a statement at the end of each month detailing Our commission for Your Content and Your Services for that month
7.7. Our licenced payment provider operates an automated payment system which can be followed by you through a “control panel”
7.8. Our licenced payment provider will pay you the sales price for Your Services minus our commission for those services
7.9. If you have a bank account located in Ireland, we will transfer money via the internet, in full
7.10. If you do not have an account in Ireland, we will transfer money in any sum at your request and at your cost. We will pay for the transfer if the sum due is over the limit specified from time to time on Our Website
7.11. If you do not have a Euro bank account, the conversion of money transferred to your account into your currency will be at your cost
7.12. We will send you an invoice for our charges
7.13. If we do or could earn interest on any cash balance in Our control for the period between payment by a customer and Our accounting to you, we are free to keep that interest and have no obligation to account for it to you
7.14. If an action by Your Customer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you, at or after that time
7.15. If you or we accept any cancellation and you consequently refund money to Your Customer, we are not obliged to repay commission to you
7.16. If in our discretion we believe that your performance as a Luminary results in a significant number of charges back and / or Member disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or any breach is rectified
8.1. You warrant that any Luminary Service you place on Our Website for sale:
8.1.1 is not: illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to any third party;
8.1.2 does not offend against the law of any country whose citizens might purchase it; and
8.1.3 is not intended primarily to advertise any business, except your business, so far only as it is carried on through CareerJay
8.2. You warrant that you own the copyright of any Luminary Service you place on Our Website for sale, or that you have the permission of the copyright owner:
8.2.1 to place the Luminary Service on Our Website for sale;
8.2.2 to receive the net proceeds of such sales as may arise;
8.2.3 to defend the copyright in the Luminary Service
You agree:
9.1. not knowingly to place any Learning Content for sale which is not of merchantable quality or which falls outside the specific definition of Think, Be, Rise and Exceed it has been uploaded under or to describe Your Learning Content in such a way that is misleading to a Customer before purchase;
9.2. immediately to remove from sale on Our Website any Learning Content which for any reason, you are unable to supply;
9.3. not to re-place any Learning Content we remove from offer for sale;
9.4. to use Our Website in ‘good faith’ i.e. to post courses of reasonable quality with clear and accurate course details;
9.5. that any abuse of Our Website, Our Members or these terms and conditions can result in your access to our Website being removed
10.1. Fees and commissions specified in Our Website are exclusive of VAT
10.2. If you are located in the European Union, we will show and retain the amount of VAT due on our charge for our services in addition to the amount of commission due to us
10.3. If you are located in the European Union, and you provide a valid VAT registration number, we will not charge or deduct VAT from sums due to you
10.4. CareerJay has the right to demand additional information about your business so far as it may affect your VAT registration, at any time, from you or from a governmental authority
11.1. If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it
11.2. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you
11.3. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you
11.4. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential
11.5. Please notify us of any security breach or unauthorised use of your account
We invite you to Post Content to Our Website for the provision and supply of career management, personal development and wellbeing services to Our Members. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law
We ask Our Members to provide feedback on the quality and content of your Posts and as such act as Our Website moderators
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
12.1. be unlawful, or tend to incite another person to commit a crime;
12.2. be obscene, offensive, threatening, violent, malicious or defamatory;
12.3. be sexually explicit or pornographic;
12.4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
12.5. use a Posting to solicit responses unconnected with the purpose of Our Website or the terms proposed by this agreement
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms
In addition to the restrictions set out above, a Posting must not contain:
13.1. hyperlinks, other than those specifically authorised by us;
13.2. keywords or words repeated, which are irrelevant to the Content Posted;
13.3. the name, logo or trademark of any organisation;
13.4. inaccurate, false, or misleading information;
13.5. material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 16 years old;
13.6. overt sales material, or Content which doesn’t provide career management, personal development, or wellbeing value to Our Members
If you violate Our Website we shall take legal action against you
You now agree that you will not, and will not allow any other person to:
14.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
14.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
14.3. download any part of Our Website, without our express written consent;
14.4. collect or use any service listings, descriptions, or prices;
14.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
14.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Services;
14.7. share with a third party any login credentials to Our Website;
14.8. create marketing or promotional material that advertises Our Website in such a way that misrepresents Our Platform, our vision, or our mission, or that presents us in any other way we would not use to represent ourselves;
14.9. use our logo, branding or company name in promotion of Your Services or Learning Content outside of Our Platform
15.1. All Content on Our Website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of services for sale. It is all protected by international copyright laws
15.2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement or with our written consent
15.3. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text
16.1. We give no warranty that Our Service will be satisfactory to you
16.2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of Our Service for repairs, maintenance or other good reasons. We may do so without telling you first
16.3. You acknowledge that Our Service may also be interrupted for reasons beyond our control.
16.4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to Our Service
17.1. We are not responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss whatever
17.2. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website
17.3. We are not liable in any circumstances for damages resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website
17.4. Our CareerJay website and services are provided “as is”. As to Our Website and Our Services, we make no representation or warranty of any kind, express or implied, including, without limitations, warranties:
17.4.1 as to fitness of Our Website and Our Service for a particular purpose;
17.4.2 as to availability and accessibility, without interruption, or without error;
17.4.3 any obligation, liability, or remedy in tort whether or not arising from our negligence
17.5. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and Our Member
You agree to indemnify us against all loss and expense, including legal fees and management time related in any way to:
18.1. a claim by any person in respect of any Luminary Service;
18.2. protecting the reputation of our business by our making a payment to a Customer of yours in circumstances where you have failed to make that repayment or otherwise comply with your contract with that Customer;
18.3. any cost to us arising from a decision by us to comply as your agent, with any obligation of yours, whether or not we have your permission, arising out of any regulation or law, including:
18.3.1 the deletion or amendment of any text or other content you have placed on Our Website;
18.3.2 any payment we make on an ex gratia basis, arising from a contract between you and a Customer
18.4. legal or other fees we incur in defending a claim or the imposition of a fine or penalty;
18.5. our management time in dealing with any failure or alleged failure by you to comply with any relevant regulation or law
19.1. Your personal data will be held and processed by us in the ways set out in our privacy policy at careerjay.com/legal/privacy-notice
19.2. Insofar as we process personal and other data of the Members or other person with whom you interact in the course of your business the following terms apply:
19.2.1 to satisfy your legal obligations and ours, we will comply with the provisions of careerjay.com/legal/member-privacy;
19.2.2 those obligations shall continue to apply after expiry or termination of this agreement for any reason
20.1. You undertake to provide us your current land address, email address and telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract
20.2. So far as any time, date or period is mentioned in this agreement, time shall be of the essence
20.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms
20.4. If you are in breach of any term of this agreement, we may:
20.4.1 terminate your account and refuse access to Our Website;
20.4.2 remove or edit Content, or cancel any order at our discretion;
20.4.3 issue a claim in any court
20.5. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue
20.6. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future
20.7. When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by email or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing
20.8. Any communication to be served on either of us by the other shall be delivered by hand or sent by first class post or recorded delivery or by email
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 120 hours of posting
20.9. In the event of a dispute between us, then, if we so ask, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation
20.10. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party
20.11. We shall not be liable for any failure or delay in our performance of this agreement which is caused by circumstances beyond our reasonable control, including any labour dispute
20.12. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail
20.13. The validity, construction and performance of this agreement shall be governed by the laws of Ireland and you agree that any dispute arising from it shall be litigated only in Ireland