It refers to the service available on the Website and/or on the Application which is publishing Employer’s vacant job vacancies to Job Seeker who can apply for such vacancies.
Any company or individual that could successfully create an account whether an Employer or Job Seeker and whether having a full or partial permission, access, or authorization to use the Website and/or the Application and the Service.
An application on the internet which is exclusively owned by us to provide the same Service, it can be found and downloaded through this link: https://play.google.com/store/apps/details?id=com.skatch.app
It means (a) all inventions, processes, discoveries, developments, or improvements, whether or not patentable, or whether subject of any IPR application, (b) all copyright-protected works (including, without limitation, all literary, artistic, dramatic, musical works, audio recordings, designs, all kinds of contents, and software), (c) all brand names, logos, slogans, product names, service names, trademarks, corporate names, business names, trade names, and domain names, all whether or not registrable or subject of registrations or applications for registration and all goodwill associated therewith, (d) all designs and industrial designs, whether or not patentable or registrable, and whether or not patented or registered, or being subject of application/s for registration, (e) all formulae, confidential information, trade secrets, know-how, and any information having commercial value, and (f) all other intellectual and industrial property whether or not registered or subject of application/s for registration.
A petition is a legal action made by a User against certain decisions by which such a User requests from us to re-consider our decision as a favor from our side without any obligation on us to amend such a petitioned decision. A petition cannot be interpreted, in any way, as a dispute against us.
Any unforeseen accident that could not be predicted by the affected party prior to its occurrence and has prevented the affected party from complying with its obligations in full or in part, such a Force Majeure state may include without limitation: (revolutions, fires, floods, natural disasters, pandemics, technical issues, etc.)
Any company or individual that registered on the Website to announce and publish their vacant job vacancies.
A User that registered on the website with the purpose of searching and applying for Employers’ job vacancies on the Website.
1.1 This website (“the Website”) and its application (“the Application”) is the sole and exclusive property of Skatch Egypt Co. based in Cairo, Egypt.
1.2 By using the Website or the Application, you are expressly acknowledging your full culpability with all the Website's Terms & Conditions without any single exception, therefore, you are strongly recommended to review all the T&Cs before proceeding. If you do not accept any single provision, you shall quit using the Website and the Application and close your account immediately.
1.3 If there is a signed contract/agreement between you and us, the T&Cs shall be deemed as a complementary document to such a contract/agreement. In the event of any contradiction between the contract/agreement and the T&Cs, the provisions of such a contract/agreement shall prevail over the T&Cs.
2. Usage & Permissions
2.1 By creating an account and using the Website and/or the Application, it shall be deemed that you are granted a temporary, unexclusive, and untransferable permission to use the Website and its Service. Such a permission is only granted for the sole purpose of benefiting from the Service
2.2 We have the sole discretionary power to accept or reject Employers’ and/or Job Seekers’ registration requests. Any Employer or Job Seeker may be invited for an online meeting via any agreed platform on which we rely to accept or reject their registration requests. We may ask you to upload some documents to verify your qualifications or legitimate representation or data, your failure to upload our requested documents may lead to the conclusion that you provided us with misleading and/or falsified information.
2.3 We have the sole discretionary power to suspend, limit, or terminate your permission and/or account and/or access to the Website and the Application without justifying such a decision. In such an event, you would be entitled to reach out to clarify the situation so that we may (but in no event obliged) amend our decision.
2.4 Each User declares and acknowledges that it uses the Website for the sole purpose of benefiting from the Service. If it is established that any User has/had any other purpose or intention, then such a User would be deemed that it committed a Prohibited Act based on which it may get sanctioned pursuant to Articles 5 and 6 below.
2.5 If you are an Employer, and your account got suspended or terminated because of any fraud or misleading information or illegitimate acts or Prohibited Acts, we would be entitled to seize your payments (if any) without granting any partial or full refund.
2.6 If you are a Job Seeker, and your account got suspended or terminated because of any fraud or misleading information or illegitimate acts or Prohibited Acts, we would be entitled to seize your funds/credits (if any) without granting any partial or full refund.
2.7 We may, at any time, impose any prices for our Service. Making the Service available for free does not make it perpetually chargeless. Any User’s failure to pay such prices in a timely manner may lead to the suspension or termination of its account.
3. Intellectual Property Rights ("IPR")
3.1 All the Intellectual Property Rights (“IPR”) on the Website and the Application are our sole proprietorship unless otherwise established. We reserve all our rights to sue any party that infringes our IPR in any way.
3.2 We respect all kinds of IPR of others, and we always encourage and argue with our Users whether Employers or Job Seekers to do the same. Hence, we exert our reasonable efforts to have all kinds of our work genuine with no possible violation or breach of any kind of IPR owned by any third party.
3.3 If you think we have infringed your IPR in any way, please contact us as soon as possible, otherwise, you are therefore waiving all your rights of removing such alleged infringement
3.4 If any third party thinks that any User has infringed its IPR in any way, please contact us as soon as possible and we will investigate the matter.
3.5 If we think that you have infringed our IPR in any way, we will notify you with such an infringement asking you to immediately seize and desist the infringement at stake. If you neglected our notification or refused to remove the infringement with all its effects, we may remove or edit or amend or remove such an infringement and/or take all Disciplinary Procedures as per Article 6 below against your account and/or sue you.
3.6 Although we always exert our efforts to protect the IPR of Users and third parties, we do not guarantee you (as a User or third party) that we will oblige any User to remove or amend its content that you think it is infringing your IPR, and we have no obligation in any event to do so
4. Tools and features on the Website
4.1 We may provide some tools and/or features on the Website on an un-compulsory basis such that we may provide such tools/features and we may refrain from providing them. In case we provided such tools/features, we are entitled, at any time, to cease providing them in our sole discretion without justification. Users agree, accept, and acknowledge that their obligations of all kinds towards us may not be suspended, amended, reduced, or affected in any way in case we did not provide such tools/features at all or in case we ceased providing them
4.2 Such tools/features can include: Requesting some verifications from Job Seekers on behalf of Employers, estimating Job Seekers’ qualifications and skills for the benefit of Employers, requesting some verifications from Employers for the benefit of Job Seekers, and any other tools/features we may choose or develop from time to time.
4.3 All Users accept, agree, and acknowledge that any single feature and/or tool is provided as an assistance from our side that can never discharge their obligations to exert their best efforts and act with due diligence to get the best benefit of the Service. Accordingly, we may not, in any event be liable or responsible if any User relied on our tools/features and subsequently received unsatisfactory quality or result of any kind.
4.4 We may, at any time, cease providing any tool or feature on a free basis and request any User (whether Employer or Job Seeker) to pay additional fees for such a tool or feature.
5. Prohibited usage and acts on the Website and the Application.
5.2 The Service of the Website and the Application is crystal clear. You are granted a permission to use the Website and the Application for this sole purpose, any usage that contradicts with or exceeds this purpose in any way shall be deemed a prohibited act ("Prohibited Act"). Prohibited Acts also include each and any legally prohibited and sanctioned act under any applicable law.
5.3 By using the Website and/or the Application, you acknowledge and insist that your sole intention is benefiting from the Service to publish your job vacancies if you are an Employer, or to search and apply for such vacancies if you are a Job Seeker.
5.4 We have the sole discretionary power to amend, suspend, or terminate your account if it is established that you have committed or attempted to commit any Prohibited Act or any violation to any provision in the T&Cs, or in the event that we discovered or merely suspected that you are using the Website and/or the Application for any intention different from benefiting from the Service.
5.5 Prohibited Acts include without limitation: (defamation, insulting, threatening, infringing IPR, committing or attempting to commit money laundering, falsifying information, creating fake accounts, advertising for any other website or entity or business whether for your benefit or for any third party's benefit, any political exploitation, hateful speech, harassment, hacking or attempting to hack accounts, spreading rumors, collecting other Users' information, using robots, committing or attempting to commit or assisting or attempting to assist in any criminal crime, and accessing or attempting to access our system)
6. Disciplinary Procedures
6.1 We reserve all our rights in taking any disciplinary procedure against you if it was established that you either committed any of the Prohibited Acts (see Article 5 above) or if we discovered or merely suspected that you are using the Website and/or the Application for any intention different from benefiting from the Service.
6.2 Disciplinary procedures, among others, can be: (limiting or amending or suspending or terminating your account, seizing your payments, imposing fines, and blocking your device from accessing the Website and the Application) "Disciplinary Procedures"
6.3 If it was established that you committed or attempted to commit or assisted or attempted to assist in any criminal crime, we may report the incident at stake to your national prosecution and/or governmental authorities.
6.4 All Prohibited Acts can be relied on to sue you outside the Website.
6.5 We may remove or edit any IPR infringement/s made by any User or any third party.
6.6 Our silence towards any Prohibited Act cannot in any way be deemed as an implied acceptance from our side to such an act, and we reserve all our rights to investigate any suspected issue and take any Disciplinary Procedure.
6.7 All Disciplinary Procedures can be petitioned under Section (8) below.
7. Payments and Refund
7.1.1 All Users’ payments are non-refundable. Each User bears the sole responsibility to make sure that he/she really intends and wishes to make such a payment to benefit from the Service and/or any tool on the Website.
7.1.2 Any amount paid by any User shall not include any kind of taxes. Users bear all/any taxes charged. In any event, when a User proceeds with the payment, he/she would be notified with the final amount to be paid after adding such taxes.
7.2.1 Notwithstanding Clause 7.1.1, Users may submit refund requests in exceptional circumstances accompanied with explanation/s and all necessary evidence thereof.
7.2.2 In very rare exceptional circumstances, we may grant such a refund request in full or in part based on our sole discretion without any obligation to do so, and we are never obliged to justify our decision.
7.2.3 In case we granted any refund request in full or in part, we may deduct any kinds of taxes, charges, or administrative fees from any refunded amount.
7.2.4 Any refunded amount (if any) can be refunded to such a User by any means of transferring money we choose.
7.2.5 All our decisions regarding refund requests ("Refund Decisions") can be petitioned under Section (8) below by the concerned User.
8.1 Despite the fact that we have the sole discretionary power to take all/any decision/s as insisted in all sections above, all Disciplinary Procedures and Refund Decisions can be petitioned under this Section (8). Such a petition shall be raised within a period of seven (7) days as a maximum as of the day of notification of the petitioned decision.
8.2 Any User whether an Employer or Job Seeker shall pay an amount of 25$ (twenty-five US dollars) as fixed fees, excluding taxes, for such a petition, accompanied with the explanation of the petition.
8.3 Any User who raises a petition acknowledges and confirms that he/she fully understands that the petitioned decision has been rightfully taken by us based on our stated sole discretionary power. However, such a User merely requests for the petitioned decision to be re-considered as a favor from our side.
8.4 We will, in due course, take a decision regarding the petitioned decision by upholding the petitioned decision or granting the petition in full or in part.
9. Exclusion of Damages & Limitation of Liability
9.1 Users agree, accept, confirm, and acknowledge that we may not, under any circumstances, be liable for any indirect, incidental, punitive, or consequential damages, loss of profits, or any damages of any kind to any User’s affiliates or any third party even if we were warned or informed of the possibility of any of the aforementioned damages. Furthermore, we may not, under any circumstances, be liable for any claim or lawsuit or judgement or dispute of any kind between any Users arising of their usage of the Website and/or Application.
9.2 The total amount that any User may recover from us for all claims relating to these T&Cs is strictly limited in the aggregate to one hundred percent (100%) of any payments that such a User paid to us during the twelve (12) month period immediately preceding the date when the lawsuit was filed by such a User.
10. Disputes between you and us
10.1 If you believe that we violated our obligations stated in the T&Cs and wish to sue us, you have to contact us and send a notice ("the Notice") explaining the matter within a year as of the alleged transgression in question. Your failure to serve a Notice within the period of 1-year shall waive and forfeit your right of raising such a dispute.
10.2 Within a period of two (2) months as from the date of receiving your Notice, we will respond with our comments. We may accept or reject the grounds of your Notice, or we may invite you for a conciliation or negotiations. Your failure to attend the conciliation or negotiations shall annul your Notice and dispute.
10.3 Our failure to respond to your Notice within the period of two months shall be deemed as an entire rejection of your Notice, and hence you would be entitled to proceed with your legal actions outside the Website.
10.4 As for disputes against Refund Decisions, you may not send a Notice or proceed with any action outside the Website unless you raise a petition pursuant to Art 8.1 above and get your petition rejected.
10.5 Likewise, if we believe that you shall be sued outside the Website, we will send a notice ("Notice of Charges") explaining our grounds and inviting you to a conciliation or negotiations (only charges with criminal nature can be sued outside the Website without sending such a Notice of Charges)
10.6 Your failure to respond within the same period of two months shall be deemed as an entire rejection towards our Notice of Charges, hence, we would be entitled to proceed with our legal actions outside the Website.
10.7 Any dispute, controversy or claim arising out of or relating to these T&Cs, their interpretation, execution, the termination or invalidity thereof, shall be settled by arbitration in accordance with the Rules of Arbitration of the Cairo Regional Centre for International Commercial Arbitration. The number of arbitrators shall be one (Sole Arbitrator), the place of arbitration shall be Cairo, Egypt. The language to be used in the arbitral proceedings shall be English.
11.1 If any provision/s or part/s of the T&Cs is held and deemed null and void by law, such invalidity shall be limited to that provision or part without affecting the validity or enforceability of the remaining parts and provisions of T&Cs in any way.
11.2 All notices and notifications of any kind sent to Users will be sent to their emails used to sign up, and they shall be deemed valid, delivered, and read.
11.3 All the T&Cs are governed by laws and regulations of Egypt.
11.4 All Parties accept and recognize the concept of "Force Majeure" with all its legal consequences in force majeure cases including but not limited to: (revolutions, fires, floods, natural disasters, pandemics, technical issues of all kinds, loss of data, etc.) on condition that the concerned party shall prove that such a force majeure has took place in an unforeseen way and prevented it from complying with its obligations.
11.5 If the T&Cs are published in both languages Arabic and English, In case that there was any contradiction between the two versions, the Arabic version shall prevail.
11.6 Users fully understand that the Service and all kinds of usages and experiences on the Website and the Application can be of a lower quality than their expectations, we are not obliged to assist them in this issue.
11.7 We may ask you at any time to submit some supporting documents for verifications, your failure to deliver the requested documents shall be taken as you gave misleading information
11.8 Users acknowledge that they use the Website, the Application, and the Service at their sole risk. We are not, in any way, responsible or liable for any mistakes, defaults, inaccuracy, damages, unauthorized access, Users’ fraud, or your inability or lack of experience to use the Website or the Application.
11.9 Any legal point or issue that is missed or not discussed in the T&Cs shall be referred to the laws and regulations of the Arab Republic of Egypt
11.10 We offer the Service as an intermediary between Employers and Job Seekers, we are not liable for any default from any side towards the other (notwithstanding we always endeavor to settle disputes between Users). No provision in the entire T&Cs may be interpreted or construed as we are responsible of/for any misuse of the Service by any User in any way. Further, we do not guarantee the quality of the Service in any way.
11.11 No right in the T&Cs can be assigned or transferred to any third party
11.12 We may, at any time, offer some rewards with some certain conditions (referring us to your connections as an example), the full terms and conditions of such rewards would be published and announced in the same announcement of any rewards. All rewards and their terms and conditions can be amended, edited, updated, developed, or cancelled from time to time based on our sole discretion.
12.1 As a User, you hereby agree to indemnify us against any claim, lawsuit, or dispute of any kind that is filed against us as a result of any of your conduct including but not limited to: (misuse, spoiling, IPR infringement, unauthorized access, discrimination, Prohibited Acts, etc.). In general, you indemnify us against all acts that are penalized and prohibited by any law, principle, or customs. ("Indemnified Acts").
12.2 Your indemnification shall include and cover all fees, costs, and expenditures of any kind including attorneys' fees.
12.3 You are responsible for all your agents', employees', fellows', successors', affiliates', directors', representatives, and officers' defaults, conduct, and usage of the Website and the Service. Hence, you indemnify us against all of their Indemnified Acts.
12.4 In case you refrain from or evade this Indemnification obligation, we would be entitled to sue you and take all possible legal actions against you to collect these monies in addition to all possible compensations, reimbursements, and/or damages arising out of your refrainment.
13. Entire Agreement & Modification
13.2 The T&Cs shall be treated as a whole; you accept all provisions therein without any exception. If you do not accept any single provision, you shall stop using the Website and the Application as soon as possible and close your account.
13.3 Non-culpability or non-awareness are not valid excuses in any way to defend any of your legal defaults, as well as defaults of your employees, fellows, agents, entities, representatives, or affiliates.
13.4 As previously stated, we emphasize that we have the sole discretion to modify, edit, and/or amend any provision stated in the T&Cs after sending you a notice of such modification/s by email or any other valid delivery means.
13.5 The T&Cs are binding on all Users. Any User who closes his/her account would desist being obligated under the T&Cs except all provisions pertinent to the IPR, Dispute Resolution, Indemnification, and permitted & prohibited usage, all such provisions shall survive and get enforced perpetually for an unlimited period.