Terms of Use
Please read these Terms carefully, as they
set out our and your legal rights and obligations in relation to the Website.
These Terms are divided into four parts:
Part A contains general terms relating to
the use of the Website;
Part B contains special terms which apply
to both registered and unregistered Job Seekers;
Part C contains special terms which apply
to registered Recruiters; and
Part D explains the meaning of defined
terms used in this document and contains other provisions relating to its
interpretation.
By using the Website you agree to be bound
by these Terms; and if you apply for a job via the Website or register as a Job
Seeker or Recruiter, we will ask you to specifically agree to them.
PART A: GENERAL TERMS
(1) Intellectual property rights
Unless otherwise stated, we or our
licensors own the intellectual property rights in the Website and the Material
on the Website. Subject to the licence below, all these intellectual property
rights are reserved.
(2) Licence to use Website
You may view the Material, print the
Material, and download the Material for caching purposes only, subject in each
case to the limitations below, the Acceptable Use provisions, and the other
provisions of these Terms.
You must not:
(a) republish the Material or show the
Material in public;
(b) reproduce or store the Material in
any electronic retrieval system (save for the purpose of caching);
(c) sell, rent or sub-license the
Material; or
(d) use the Material for any improper
or unlawful purpose.
Notwithstanding anything else in these
Terms, we reserve the right to restrict access to any area of the Website, or
indeed our whole Website, at our discretion.
(3) Warranties: general
Whilst we endeavour to ensure that the
information on the Website is correct, we do not warrant its completeness or
accuracy; nor do we commit to ensuring that the Website remains available or
that the Material is kept up-to-date.
To the maximum extent permitted by
applicable law we exclude all representations, warranties and conditions
(including those implied by the law) relating to the Website and the Material
and the unpaid Services.
(4) Limitations of liability: general
Nothing in these Terms shall exclude or
limit our liability for fraud, for death or personal injury caused by our
negligence, or for any other liability which cannot be excluded or limited
under applicable law.
Insofar as the Website and the Material and
the Services are provided free-of-charge:
(a) we will not be liable for any
direct or indirect loss or damage arising in connection with the Website, the
Material and the Services, whether arising in tort, contract, or otherwise;
(b) we will not be liable for any loss
of profit, contracts, business, goodwill, data, income, revenue or anticipated
savings arising in connection with the Website, the Material and the Services
whether direct or indirect, and whether arising in tort, contract, or
otherwise; and
(c) if, notwithstanding the
limitations of liability above, we are found to be liable to you in connection
with the Website, the Material or the Services, our liability is limited in
relation to events occurring during any 12 month period to £100 sterling.
You acknowledge that, whilst the Website
provides a facility to enable Job Seekers and Recruiters to get into contact
with each other, we do not vet or monitor Job Seekers, Recruiters or other
Website users, we will not have any involvement in any relationship between a
Job Seeker and a Recruiter, and we will not be a party to any contract between
a Job Seeker and a Recruiter, and accordingly will not be held responsible for,
or liable in respect of, any of these matters.
(5) Acceptable Use
You must not use the Website in any way
that causes, or may cause, damage to the Website or impairment of the
availability or accessibility of the Website.
You must not use the Website in any way
which is unlawful, illegal, fraudulent or harmful, or in connection with any
unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic data
collection, scraping, data mining, data extraction or automated data harvesting
activities on or in relation to the Website
You must not use the Website to copy,
publish or send mass mailings or spam.
You must not use the Website to copy,
publish or send material which is illegal or unlawful, or material which could
give rise to legal action under English law or other applicable law.
We reserve the right to edit or remove any
material posted upon the Website.
(6) Trade marks
J4UK, JOBS4UIN, JOBS4UINKENT and our logos are trade
marks belonging to us. We give no permission for the use of these trade marks,
and such use may constitute an infringement of our rights.
The other registered and unregistered trade
marks on the Website are the property of their respective owners. Unless stated
otherwise, we do not endorse and are not affiliated with any of the holders of
any such rights and as such we cannot grant any licence to exercise such
rights.
(7) ID and password
If we provide you with a user name and
password to enable you to access restricted areas of the Website or restricted
Material or Services, you must ensure that that password is kept confidential.
You accept responsibility for all activities that occur under your user name.
We may disable your user name and password at our sole discretion.
(8) Variation
We may revise these Terms from
time-to-time. Please check this page regularly to ensure you are familiar with
the current version.
We will not file a copy of these Terms
specifically in relation to you. Obsolete versions of these Terms will not
remain available on the Website and we do not undertake to retain or supply
copies of obsolete Terms; we therefore recommend that you print and keep a copy
of these Terms for future reference.
(9) Third party rights
These Terms are for the benefit of you and
us, and the Terms are not intended to benefit, or be enforceable by, any other
person. Our and your rights to terminate, rescind, or agree any amendments,
variations, waivers or settlements under these Terms are not subject to the
consent of any other person.
(10) Assignments
We may assign or transfer any of our rights
or obligations under these Terms, in whole or part, without your consent –
providing, where you are a consumer, that any such assignment or transfer does
not serve to reduce the guarantees benefiting you under these Terms. You may
not assign or transfer any of your rights or obligations under these Terms, in
whole or in part, without our prior written consent.
(11) Severance
If any provision (or part of a provision)
of these Terms is found by any court or administrative body of competent
jurisdiction to be invalid, unenforceable or illegal, the other provisions
shall remain in force. If any invalid, unenforceable or illegal provision
would be valid, enforceable or legal if some part of it were deleted, the
provision shall apply with whatever modification is necessary to give effect to
the commercial intention of the parties.
(12) Entire agreement
These Terms, together with our Privacy
Policy, constitute the entire agreement between you and us in relation to your
use of the Website, and supersede all previous agreements in respect of your
use of the Website.
(13) Force Majeure Events
Where a Force Majeure Event gives rise to a
failure or delay in us performing our obligations under these Terms, those
obligations will be suspended for the duration of the Force Majeure Event.
(14) Law, jurisdiction and language
These Terms will be governed by and
construed in accordance with English law, and any disputes relating to these
Terms shall be subject to the non-exclusive jurisdiction of the courts of
England.
These Terms are available in the English
language only.
(15) Breaches of these Terms
Without prejudice to our other rights under
these Terms, if you breach these Terms in any way, or if we reasonably suspect
that you have breached any of these Terms in any way, we may:
(a) send you one or more formal
warnings;
(b) temporarily suspend your account
and/or your access to the Website;
(c) terminate any Job Seeker Agreement
or Recruiter Agreement we have entered into with you (by sending you a written
notice of termination, which will be immediately effective);
(d) delete your account with the
Website and/or permanently prohibit you from using the Website;
(e) block computers using your IP
address from accessing the Website;
(f) contact your internet services
provider and request that they block your access to the Website; and/or
(g) bring court proceeding against you
for breach of contract or otherwise.
Where we suspend or prohibit your access to
the Website or a part of the Website, you must not take any action to
circumvent such suspension or prohibition (including using a different
account).
PART B: JOBSEEKERS
This Part B contains the additional terms
which apply to Job Seekers.
(16) Job Seeker Agreement
You will become a Job Seeker, and will
enter into a Job Seeker Agreement incorporating Parts A, B and D of these Terms
with us, if and when: (i) you apply for any job via the Website; or (ii)
register as a job seeker with the Website as detailed below.
In order to become a registered Job Seeker,
you will need to take the following steps: (i) complete the registration form on
the Website; (ii) click on the confirmation link in the email that we send to
you. A Job Seeker Agreement will come into force when you complete this
process.
If you make any error during the process of
completing our registration form you should correct the error using the Website
interface.
The Job Seeker Agreement will continue
indefinitely, unless and until terminated in accordance with the provisions of
Clause 15 or Clause 20.
The Job Seeker warrants to us that he or
she has full power and authority to enter into and perform the Job Seeker
Agreement.
(17) Job Seeker Services
We may provide some or all of the following
Job Seeker Services to the Job Seeker during the term of the Job Seeker
Agreement:
(a) the facility to upload a CVs into
the Database, to enable Recruiters to search for a CV, assess whether the Job
Seeker may be suitable for a role, and contact the Job Seeker where
appropriate;
(b) the facility to limit the
disclosure of a CV to Recruiters who are recruitment agencies, or to Recruiters
who are not agencies;
(c) the facilities to search for jobs,
and to save search criteria as a part of the Job Seeker's profile, and save
shortlists of jobs;
(d) the facility to apply for jobs
online; and
(e) a facility to enable the Job Seeker
to receive email alerts, newsletters, notice of competitions, and/or other
email notifications from us, and to receive SMS and telephone messages from us.
The provision of these services may be
limited by us to registered Job Seekers only.
(18) Job Seeker Material
In respect of all Material that the Job
Seeker posts on the Website, the Job Seeker grants to us a worldwide,
irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt,
publish, translate and distribute such Material in any media, together with the
right to sub-licence such rights.
The Job Seeker warrants that the Material
the Job Seeker posts on the Website (and its use in accordance with these
Terms):
(a) does not infringe any third party's
rights (including Intellectual Property Rights, rights of confidence, rights of
privacy or other proprietary rights) or give rise to any cause of action in any
jurisdiction, whether against us and/or the Job Seeker;
(b) does not violate any law, statute,
ordinance or regulation in any jurisdiction, (including the Advertising Codes
of the Advertising Standards Authority);
(c) is not pornographic or sexually
explicit;
(d) is not threatening, abusive,
harassing or menacing;
(e) does not contain any viruses,
Trojan horses, worms, time bombs or other computer programming routines that
are intended to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information; and
(f) does not otherwise breach the
Acceptable Use requirements.
(19) Job Seeker indemnity
The Job Seeker will indemnify us and keep
us indemnified against any loss, damage, expense, cost or liability incurred or
suffered by us arising out of any breach by the Job Seeker of these Terms.
(20) Termination of Job Seeker Agreement
We may terminate a Job Seeker Agreement at
any time by giving to the Job Seeker written notice of termination.
A registered Job Seeker may terminate a Job
Seeker Agreement at any time by deleting his or her account using the interface
on the Website; a registered or unregistered Job Seeker may terminate a Job
Seeker Agreement at any time by giving to us written notice of termination.
PART C: RECRUITERS
This Part C contains the additional terms
relating to Recruiters.
(21) Recruiter Agreement
In order to register as a Recruiter, you
will need to take the following steps: (i) complete the registration form on
the Website; (ii) click on the confirmation link in the email that we send to
you.
A Recruiter Agreement incorporating Parts
A, C and D of these Terms will come into force when you complete the process
described above.
The Recruiter Agreement will continue
indefinitely, unless and until terminated in accordance with the provisions of
Clause 15, 28 or 29.
If you make any error during the process of
completing our registration form you should correct the error using the Website
interface.
The Recruiter warrants to us that it has
full power and authority to enter into and perform the Recruiter Agreement.
(22) Plans and Recruiter Services
From time to time during the term of a
Recruiter Agreement, the Recruiter may order a Plan and, where we accept the
Recruiter's order for a Plan, we shall make available the relevant Recruiter
Services to the Recruiter for the relevant period, subject always to the prior
payment of any applicable Charges (in cleared funds) and the other terms of the
Recruiter Agreement.
The Recruiter Services under a Plan may
consist of some or all of the following services:
(a) the ability to post Adverts (or a
specified number of Adverts) on the Website;
(b) access to and searches of the
Database;
(c) Website Advertiser status;
(d) the facility to be notified by
email when relevant CVs are added to the Database;
(e) the ability to add additional
“contact” user accounts (providing that all such contacts must accept these
Terms by clicking on the link in the confirmation email we will send to them);
and/or
(f) any other services set out on the
Website from time to time.
Where the Recruitment Services available
under a Plan must be used or will only be available for a particular period, we
will specify this on the Website, or agree this with the Recruiter in writing.
The Recruiter undertakes to ensure that all
Adverts published constitute an accurate and fair advertisement for a bona fide
job, and to remove Adverts from the Website as soon as the relevant role is
filled (or becomes otherwise unavailable).
The Recruiter will not access or attempt to
access the Database, save in accordance with a Plan and for the sole purpose of
seeking candidates to fill bona fide jobs.
The Recruiter will treat the information
obtained from the Database as confidential, will only use such information for
the purpose of seeking candidates to fill bona fide jobs, will not disclose
such information to any third party, and will protect such information using
the same security measures that it uses to protect its own confidential
information of a similar nature (being at least reasonable measures).
The Recruiter will delete/destroy all information
obtained from the Database as soon as it is no longer necessary to retain for
the purposes specified above, and in any event will delete/destroy all such
information within 5 working days following the termination of the Recruiter
Agreement.
(23) Charges and payment
Recruiters must elect whether Charges will
be paid via Paypal or by cheque/bank transfer.
Where a Recruiter elects to pay via Paypal,
then during the Plan order process the Recruiter will be taken to the Paypal
website to make payment.
Where a Recruiter elects to pay via
cheque/bank transfer, then upon or following the order of a Plan, we will issue
an invoice to the Recruiter in respect of the Charges applicable under the
Plan, which invoiced amount the Recruiter must pay within 14 days of the date
of the invoice.
Unless the context requires otherwise, all
Charges stated on or in relation to the Website are stated exclusive of VAT
(which will be payable by the Recruiter).
Without prejudice to our other rights, if
the Recruiter is in breach of its obligations in this Clause 23, we may in our
absolute discretion suspend any or all Recruiter Services under any or all
Plans pending receipt of payment of the Charges.
(24) Recruiter Material
In respect of all Material that the
Recruiter posts on the Website, the Recruiter grants to us a worldwide,
irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt,
publish, translate and distribute such Material in any media, together with the
right to sub-licence such rights.
The Recruiter warrants that its Adverts,
Logos and any other Material posted by the Recruiter on the Website (and its
use in accordance with these Terms):
(a) does not infringe any third party's
rights (including Intellectual Property Rights, rights of confidence, rights of
privacy or other proprietary rights) or give rise to any cause of action in any
jurisdiction, whether against us and/or the Recruiter;
(b) does not violate any law, statute,
ordinance or regulation in any jurisdiction (including the Advertising Codes of
the Advertising Standards Authority);
(c) is not pornographic or sexually
explicit;
(d) is not threatening, abusive,
harassing or menacing;
(e) does not contain any viruses,
Trojan horses, worms, time bombs or other computer programming routines that
are intended to damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information; and
(f) does not otherwise breach the
Acceptable Use requirements.
The Recruiter warrants that all its Adverts
will be in respect of bona fide jobs which are reasonably relevant to Website
users.
(25) Warranties: paid-for Services
We warrant to the Recruiter that it will
perform the paid-for Recruiter Services with reasonable care and skill.
These Terms set out the full extent of our
obligations and liabilities in respect of the paid-for Recruiter Services.
Subject to the first paragraph of Clause 4, all conditions, warranties or other
terms concerning its subject matter which might otherwise be implied into these
Terms relating to the paid-for Recruiter Services are expressly excluded.
In particular, we do not warrant that the
Recruiter will receive any applications in relation to Adverts; nor do we
warrant that the Database will hold the CVs or profiles of registered Job
Seekers who may suit the positions that the Recruiter requires to be filled.
(26) Limitations of liability
Subject to the limitation in the first
paragraph of Clause 4:
(a) we will not be liable for any
indirect loss or damage arising in connection with Services the Recruiter has
paid for, whether arising in tort, contract, or otherwise;
(b) we will not be liable for any loss
of profit, contracts, business, goodwill, data, income, revenue or anticipated
savings arising in connection with Services the Recruiter has paid for, whether
direct or indirect, and whether arising in tort, contract, or otherwise; and
(c) if, notwithstanding the
limitations of liability above, we are found to be liable to the Recruiter in
respect of Services the Recruiter has paid for, our liability is limited in
relation to any event or series of related events to the total amount of
Charges paid (or if greater payable) by the Recruiter to us during the
immediately preceding 12 month period.
(27) Recruiter indemnity
The Recruiter will indemnify us and keep us
indemnified against any loss, damage, expense, cost or liability incurred or
suffered by us arising out of any breach by the Recruiter of these Terms.
(28) Termination for convenience
We may terminate a Recruiter Agreement at
any time by giving to the Recruiter written notice of termination.
(29) Termination on insolvency etc.
We may terminate a Recruiter Agreement
immediately at any time by written notice to the Recruiter if the Recruiter
becomes unable to pay its debts, becomes insolvent or bankrupt, or becomes the
subject of any insolvency or bankruptcy proceeding or procedure in any
jurisdiction (other than for the purposes of a bona fide solvent
reorganisation).
We may terminate a Recruiter Agreement
immediately at any time by written notice to the Recruiter if the Recruiter
fails to make any payment of the Charges by the due date for payment.
(30) Consequences of termination
On termination of a Recruiter Agreement by
us pursuant to Clause 28:
(a) the Recruiter will be entitled to a
(pro-rated) refund of any element(s) of the Charges paid to us in respect of
the provision of Recruiter Services under a Plan during any period after the
date of effective termination of the Recruiter Agreement (and we will calculate
the amount of such refund using any reasonable methodology); and
(b) the Recruiter will be released from
any obligation to pay such element(s) of the Charges.
Save as provided above, the Recruiter will
not be entitled to a refund of any the Charges on termination of a Recruiter
Agreement or otherwise, and will not be released from any obligation to pay
Charges to us.
Upon termination of a Recruiter Agreement,
the Recruiter's right to enjoy the Recruiter Services under any and all Plans
shall immediately cease, and we may delete any Recruiter-related Material
(including Adverts and Logos) from the Website without further notice.
For the avoidance of doubt, we may at any
time terminate a Recruiter Agreement under Clause 28 where no Charges have been
levied in respect of subsisting Plans under that Recruiter Agreement without
incurring any liability to the Recruiter under this Clause 30 or otherwise.
Termination of a Recruiter Agreement will
not affect the accrued rights and obligations of the parties at the date of
termination, the continued existence and validity of the rights and obligations
of the parties under Clauses 25, 26, 27 and 30, or the applicability of Parts A
and D of these Terms to the continued use of the Website by the Recruiter.
PART D: DEFINITIONS AND INTERPRETATION
This Part D sets out the meaning of the
defined terms used in the Terms (which start with a capital letter) and
contains other provisions concerned with the interpretation of these Terms.
(31) Definitions
In these Terms:
“Acceptable Use” refers to the
acceptable use requirements set out in Clause 5;
“Adverts” means job advertisements
posted on the Website by a Recruiter in accordance with a Plan;
“Charges” means the amount or
amounts payable by the Recruiter under a Plan or otherwise in consideration for
the provision of Recruiter Services, as specified on the Website from time to
time;
“Database” means the database of
registered Job Seekers' CVs held by us, which may be accessible to a Recruiter
via the Website in accordance with a Plan;
“Force Majeure Event” means any
event which is beyond the reasonable control of the affected party (including
failures of or problems with the internet or a part of the internet, failures
of our internet service provider or web host, hacker attacks, virus and other
malicious software attacks or infections, power failures, industrial disputes
affecting any third party, governmental regulations, fires, floods, disasters,
civil riots, terrorist attacks or wars);
“Intellectual Property Rights” means
patents, trade marks, rights in designs, copyright, database rights,
inventions, trade secrets, know-how, confidential information and all other
intellectual property rights and rights of a similar character in any part of
the world (whether or not the same are registered or capable of registration)
and all applications and rights to apply for protection of any of the same;
“Job Seeker” means a person who is
registered as a job seeker with the Website, and any person who applies for a
job via the Website (whether or not registered as a job seeker with the
Website);
“Job Seeker Agreement” means an
agreement between a Job Seeker and us incorporating Parts A, B and D of these
Terms;
“Job Seeker Services” means the
services provided to a Job Seeker in accordance with Clause 17;
“Logo” means a registered or
unregistered trade mark submitted by the Recruiter for publication on the
Website;
“Material” means all works and other
material forming a part of or stored on or accessible via the Website;
“Plan” means a package of Recruiter
Services either specified on the Website or agreed with us in writing, provided
by us to a Recruiter, whether provided in consideration of the payment of
Charges or on a without-charge basis;
“Recruiter” means the employer or
employment agency which enters into a Recruiter Agreement with us;
“Recruiter Agreement” means an
agreement between a Recruiter and us incorporating Parts A, C and D of these
Terms;
“Recruiter Services” means the services
provided to a Recruiter under a Plan;
“Services” means Recruiter Services
and Job Seeker Services;
“Website” means the website
available at www.jobs4uinkent.com and its related sub-sites and any successor
website or websites operated by us from time to time;
“Website Advertiser” means a person
whose banner advertisements we agree to publish on the Website, in
consideration of the payment of applicable Charges; and
“Terms” means these terms of use and
any amendments to them from time to time.
(32) Interpretation
References in these Terms to “we” or “us”
mean J4UK Limited.
References in these Terms to “you” mean the
person using the Website or registered as a Job Seeker or Recruiter with the
Website.
In these Terms, unless the context requires
otherwise, a reference to:
(a) a document is a reference to that
document as amended or replaced from time to time;
(b) a person includes a reference to a
body corporate, unincorporated association, firm, association, joint venture,
partnership or an individual; and
(c) a Clause is to a clause of these
Terms.
The ejusdem generis rule does not apply to
the interpretation of these Terms, and accordingly the interpretation of
general words in these Terms will not be restricted by words indicating a particular
class or particular examples.
Clause headings will be ignored in the
interpretation of these Terms.
(33) Our details
The full name of our company is J4UK
Limited and our registered office is at Strangford House, Church Road, Ashford,
Kent TN23 1RD.
You may contact us by writing to that
address or by email to contactus@j4uk.com.
We are registered in England under
registration number is 6418989. Our VAT number is 925 2841 22 and our data protection registration number is PZ1276292.
Version 1.1 – 5th April 2008