- These terms and conditions shall govern your use of our website.
- By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
- You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
- Copyright (c) 2011 John Sawers.
- Subject to the express provisions of these terms and conditions:
- we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
- all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Licence to use website
- You may:
- view pages from our website in a web browser;
- download pages from our website for caching in a web browser;
- print pages from our website; and
- use our website services by means of a web browser,
- You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
- Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
- Unless you own or control the relevant rights in the material, you must not:
- republish material from our website (including republication on another website);
- sell, rent or sub-license material from our website;
- show any material from our website in public;
- exploit material from our website for a commercial purpose; or
- redistribute material from our website.
- Notwithstanding Section 3.4, you may redistribute our newsletter in print and electronic form to any person.
- We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- You must not:
- use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
- violate the directives set out in the robots.txt file for our website; or
- use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
Use on behalf of organisation
- If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
- yourself; and
- the person, company or other legal entity that operates that business or organisational project,
Recruiter registration and accounts
- This Section 6 applies to you if you are a recruiter.
- You may register for an account with our website by completing and submitting the account registration form on our website as part of the job submission process..
- You must pay the fees specified on our website in relation to any premium services that you purchase, in accordance with Section 11.2.
- Paid-for services will remain available for the relevant period specified on our website at the time of purchase, unless you pay the applicable account renewal fees.
User login details
- If you register for an account with our website, you will be asked to choose a password.
- You must keep your password confidential.
- You must notify us in writing immediately if you become aware of any disclosure of your password.
- You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Cancellation and suspension of account
- We may:
- suspend your account;
- cancel your account; and/or
- edit your account details,
- You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.
Jobseekerswho register with our website will have access to additional website areas and features, which we will determine in our sole discretion. These may include:
- facilities to upload a CV and/or cover letter to a specific job
adertisementallowing recruiters to view the CV/profile, to assess whether the jobseeker may be suitable for a role, and to contact the jobseekerwhere appropriate;
- a facility to enable the jobseeker to browse our database of job listings; and/or
- a facility to enable the
jobseekerto receive email alerts, newsletters and/or other email notifications from us.
- facilities to upload a CV and/or cover letter to a specific job
- You acknowledge that we merely provide a facility to enable jobseekers and recruiters to get in touch and that we do not vet or monitor the recruiters who advertise on our website, and you agree that you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense that you suffer arising out of the actions or omissions of a recruiter (subject to Section 16.1).
- You must ensure that all the information you provide to us and to any registered recruiter via or in relation to our website is true, accurate, current, complete and not misleading, and you must keep such information up to date.
- For the avoidance of doubt, any CV you upload or supply to us shall constitute "your content" for the purposes of Section 12 and Section 13.
- Recruiters who register with our website will have access to additional website areas and features, which may include:
- the ability to post advertisements on our website;
- the ability to receive email notifications of applications from jobseekers; and/or
- the ability to view applications in a dashboard.
- For the avoidance of doubt, any advertisements you upload or supply to us shall constitute "your content" for the purposes of Section 12 and Section 13.
- You acknowledge that we merely provide a facility to enable jobseekers and recruiters to get in touch and that we do not vet or monitor the registered jobseekers who use our website, and you agree that you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense that you suffer arising out of the actions or omissions of a jobseeker (subject to Section 16.1).
- Recruiters undertake to ensure that all job advertisements that they submit to the website for publication are true, accurate, current, complete and non-misleading advertisements for bona fide jobs.
- We warrant to recruiters that we will perform the paid-for recruiter services with reasonable care and skill.
- We do not warrant that recruiters will receive any applications in relation to job advertisements.
- The fees in respect of our website services will be as set out on the website from time to time.
- You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.
- We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.
- If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
- If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:
- an amount equal to the amount of the charge-back;
- all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
- an administration fee of GBP 25.00 including VAT; and
- all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 11.5 (including without limitation legal fees and debt collection fees),
- If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
- We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
Your content: licence
- In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
- You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
- You grant to us the right to sub-license the rights licensed under Section 12.2.
- You grant to us the right to bring an action for infringement of the rights licensed under Section 12.2.
- You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
- You may edit your content to the extent permitted using the editing functionality made available on our website.
- Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
Your content: rules
- You warrant and represent that your content will comply with these terms and conditions.
- Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
- Your content, and the use of your content by us in accordance with these terms and conditions, must not:
- be libellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime;
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- be untrue, false, inaccurate or misleading;
- constitute spam;
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
- cause annoyance, inconvenience or needless anxiety to any person.
- Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
- You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
- If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
- You can let us know about any such material or activity by email.
- We do not warrant or represent:
- the completeness or accuracy of the information published on our website;
- that the material on the website is up to date; or
- that the website or any service on the website will remain available.
- We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
- To the maximum extent permitted by applicable law and subject to Section 16.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
Limitations and exclusions of liability
- Nothing in these terms and conditions will:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law.
- The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:
- are subject to Section 16.1; and
- govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
- To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
- We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- We will not be liable to you in respect of any loss or corruption of any data, database or software.
- We will not be liable to you in respect of any special, indirect or consequential loss or damage.
- You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.
Breaches of these terms and conditions
- Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- send you one or more formal warnings;
- temporarily suspend your access to our website;
- permanently prohibit you from accessing our website;
- commence legal action against you, whether for breach of contract or otherwise; and/or
- suspend or delete your account on our website.
- Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.
Third party websites
- Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
- We have no control over third party websites and their contents, and subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
- We may revise these terms and conditions from time to time.
- The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
- You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Subject to Section 16.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
Law and jurisdiction
- These terms and conditions shall be governed by and construed in accordance with English law.
- Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
Employment agency providing introductions
- If you register as an employer on our website, we will act in relation to you as an employment agency providing introductions (and not an employment business) for the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. Details of our charges and payment details are set out in these terms and conditions and on our website. No refunds or rebates are payable. We will have no authority to enter into contracts with jobseekers or otherwise act on your behalf.
- This website is owned and operated by John Sawers.
- Our principal place of business is at 35 1F2 Scotland Street, Edinburgh, EH3 6PY.
- You can contact us:
- using our website contact form; or
- by email, using email@example.com.