Jobs and Careers at Smyths Toys Superstores

1. Please read these terms and conditions carefully before using this website
   1. These terms tell you the rules for using our website www.smythstoys.com (our “website”). This website is operated by Smyths Toys HQ Unlimited Company (“We”, “Us”, “Our”, “Smyths Toys”). We are registered in Ireland under company number 501390 and have our registered office at Lyrr Building 1, Mervue Business Park, Galway, Ireland.
   2. To contact us, please email personnel@smythstoys.com.
   3. All references to “you” or “your” shall mean you, the individual accessing this website in your capacity as a job seeker.
2. By using our website you accept these terms
   1. By using our website, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our website.
3. There are other terms that may apply to you
   1. These terms of use refer to the following additional terms, which also apply to your use of our website
      1. our Privacy Policy;
      2. our Acceptable Use Policy; and
      3. our Cookie Policy
   2. Our Smyths Toys retail website contains additional terms that further govern the use of that website. If any terms in this terms of use conflict with any terms and conditions contained in our retail website, then the terms in these terms of use shall prevail to the extent that you are a job applicant.
   3. Other than the above-mentioned terms, these terms of use constitute the whole agreement between us and you relating to the website. You acknowledge that you do not rely on any statement, representation, assurance or warranty of any person (whether a party to this agreement or not) other than as expressly set out herein.
4. We may make changes to these terms and/or our website
   1. We reserve the right to update and/or amend these terms of use from time to time. Every time you wish to use our website, please check these terms of use to ensure you understand the terms that apply at that time. We may update and change our website from time to time. Your continued use of the website after changes are posted constitutes your acceptance of the updated terms of use.
5. We may suspend or withdraw our website
   1. Our website is made available free of charge. We do not guarantee that our website, or any content on it, will always be available, be uninterrupted or that it will be free from errors or omissions. We may suspend or withdraw or restrict the availability of all of any part of our website for business and operational reasons. We will try and give you reasonable notice of any suspension or withdrawal.
6. You must keep your account details safe
   1. If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your password, you must promptly notify us at personnel@smythstoys.com.
7. How you may use material on our website
   1. We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
   2. Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged (except where the content is user-generated).
   3. You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
   4. If you print off, copy, download, share or repost any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. Do not rely on information on this website
   1. The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.
9. We are not responsible for websites we link to
   1. Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
10. Our responsibility for loss or damage suffered by you
    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    2. We only provide our careers website for domestic and private use. You agree not to use our website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    3. You agree to indemnify Smyths Toys from all liabilities, claims and expenses that arise out of the content you submit, post or transmit via our website, or from your use or misuse of our website or from your violation of the terms of use.
    4. This website is provided on an “as is” basis, without warranties of any kind, either express or implied. We assume no liability for any:
       1. viruses or any other disabling features that affect your access to or use of the website;
       2. incompatibility between the website and other websites, services, software and hardware;
       3. delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the website;
       4. modification, suspension or discontinuance of the website;
       5. use of website, including without limitation, direct, indirect, incidental or consequential losses.
11. How we may use your personal information
    1. We will only use your personal information as set out in our Privacy Policy.
12. Uploading content to our website
    1. Whenever you make use of a feature that allows you to upload content to our website, you must comply with the content standards set out in our Acceptable Use Policy below. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. Any content you upload to our website will be considered non-confidential and non-proprietary. You retail all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy. You are solely responsible for securing and backing up your content.
13. Rights you are giving us to use material you upload
    1. When you upload or post content to our website, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use and/or distribute that user-generated content to expire when you delete the content from our website.
14. We are not responsible for viruses and you must not introduce them
    1. We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.
    2. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via denial-of-service attack or a distributed denial-of-service attack. In the event of such a breach, your right to use our website will cease immediately.
15. Termination
    1. Smyths Toys reserves the right, in its absolute discretion, to terminate your access to all or part of the website without notice. Upon such termination or suspension, you will be denied access to any information or files you have stored on the website.
16. Miscellaneous
    1. The failure of Smyths Toys to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
    2. If any provision of these terms of use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms of use shall otherwise remain in full force and effect and enforceable.
    3. These terms of use, their subject matter and their formation, are governed by Irish law. The courts of Ireland will have exclusive jurisdiction.

Acceptable Use Policy

This policy sets out the content standards that apply when you upload content to our website or interact with our website in any way.

You may not use our website:

• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to bully, insult, intimidate or humiliate any person;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
• to 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 to upload any terrorist content.
• You also agree not to access without authority, interfere with, damage or disrupt:
• any part of our website;
• any equipment or network on which our website is stored; or
• any software used in the provision of our website.

Content Standards

These content standards apply to any material which you upload to our website. These standards must be complied with in spirit as well as to the letter. The standards apply to each part of any contribution or uploaded content as well as to its whole. We will determine, in our discretion, whether content breaches these standards.

Content must be accurate (where it states facts), be genuinely held (where it states opinion) and comply with the law applicable in Ireland and in any country from where you are posting from.

Content must not:

• be defamatory of any person;
• be obscene, offensive, hateful or inflammatory;
• bully, insult, intimidate or humiliate;
• promote sexually explicit material;
• include child sexual abuse material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal content or activity;
• be in contempt of court;
• be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy another person;
• impersonate any person or misrepresent your identity or affiliate with any person; or
• advocate, promote, incite any party to commit, or assist any unlawful or criminal act.

Breach of this policy

When we consider that a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this policy constitutes a material breach of the terms of use upon which you are permitted to use our website, and may result in us taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our website;
• immediate, temporary or permanent removal of any content uploaded by you to our website;
• issue a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis resulting from the breach;
• further legal action against you; and/or
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.