We are CAREER GROOMS Limited (throughout “we”, “us”, “our” and “ours”) Aston Farm, Cherington, Tetbury, Gloucestershire, GL8 8SW including, for the purposes of this agreement, our branch offices and our subsidiary or associated companies (as defined by s.736 Companies Act 1985).
You are a client or potential client of ours registering for our website service (throughout “you”, “your” and “yours”).
Your registration via our websites www.careergrooms.co.uk or www.careergrooms.com (collectively “the Website”) is deemed to be and shall constitute your acceptance of these Website Terms. Upon such acceptance, and in consideration of the mutual benefits set out herein, it is agreed as follows:
SECTION 1 – TERMS & CONDITIONS
our agreement and capacity
1. It is agreed that these Website Terms, which are subject to the definitions in Section 2, apply to all dealings between you and us relating to chargeable services made available on the Website and we will operate as an Agency (as referred to in the Regulations) to the extent that the Regulations apply to such services. However, we do not provide any introduction services.
Our General Obligations
2. We agree to provide the Facilities Service pursuant to any Order throughout the Service Period subject to the provisions in this agreement, and specifically this Facilities Service will allow you to use the Website to:
(a) undertake Searches for Candidates (whose details are displayed)
(b) place Advertisements of your vacancies.
3. You acknowledge and agree the following:
(a) the details provided by you on registration are true, complete and correct, and you agree to notify us immediately of any changes which are relevant to your registration
(b) should you wish to Engage any Candidate it is your responsibility to check that such Candidate is suitable for your purposes and that you are satisfied with any information made available via this Website, and you agree in particular
(i) regardless of information made available via this Website, to verify such information with the Candidate directly and take up such references for the Candidate as you think fit
(ii) to ensure that the Candidate has any necessary permit or authority to work for you
(iii) to explain your requirements to the Candidate promptly on commencement if you have not already done so
(c) by reason of your acceptance of clause 3(b) we shall not be liable for any loss or damage arising out of any representation made by us in good faith that may have induced you to Engage a Candidate, or for any breach of contract, negligence or tort of the Candidate
(d) where you directly Engage a Candidate you are responsible for the health and safety of the Candidate and for ensuring that the conditions of work are at all times suitable for the Candidate and for payment to the Candidate
(e) you warrant that, where required by law, you are registered as a data controller with the Office of the Information Commissioner under the Data Protection Act 1998 and shall comply with all relevant statutory rules and regulations applicable to you, including the Data Protection Act 1998
(f) you warrant and represent that you shall maintain reasonable security measures (as may change over time) covering, without limitation, confidentiality, authenticity and integrity to ensure that the access to the Facilities Service granted under an Order is limited as set out under this agreement
(g) you shall only provide Advertisements that relate to specific live job positions and in the format prescribed by us from time to time.
Your Use of the Website
4. Except as expressly authorised herein or otherwise authorised by us in writing, you may not do or attempt to do any of the following:
(a) copy, distribute, resell, submit, supply or make available in anyway information received via the Website to any third party other than for the purposes identified in this agreement
(b) use automatic extraction software to facilitate extraction of information from the Website
(c) post or otherwise provide incomplete, inaccurate, or out of date information or any materials that violate any law, infringe personal or proprietary rights, or otherwise cause embarrassment, harm or offence to us, our affiliates, or a Candidate or other third party, including unlawful discrimination and including (but not limited to) obscene, racist, sexist, abusive, offensive, harassing, libellous, tortuous, confidential, or infringing materials
(d) reverse engineer, disassemble, decompile, or otherwise decipher any of the software (including HTML code) contained in the Website, use or reproduce the content or any underlying information or ideas contained therein without our prior written authorisation, frame or link to any page of the Website or content without our prior written authorisation, test or violate the security systems of the Website, or take any action that might impair, damage, or forfeit any intellectual property rights in the Website or content
(e) perform any act or omission which would, or is likely to, damage the Website, impair its operation, overload its facilities, or impose a burden on the Website’s infrastructure beyond that which would be imposed by normal use, including but not limited to introducing any viruses, worms, cancelbots, disabling agents, or Trojan horses into the Website, or using spiders, avatars, robots, or intelligent agents to search or navigate the Website
(f) use any software, agent, tool, or other device to search or navigate the Website other than those provided on the Website or generally available third party web browsers (such as Netscape Navigator and Microsoft Internet Explorer)
(g) allow any third party
(i) to gain access to any password of yours which permits access to non-public or restricted areas of the Website (ii) to directly or indirectly use or benefit from the use of the Website
(h) sell, license, assign or otherwise transfer any of your rights and obligations hereunder or under any other agreement with us
(i) use the Website for any unauthorised or unlawful purpose or in any manner not consistent with the uses contemplated hereunder and the provisions hereof, including but not limited to:
• use for or in connection with any unlawful, improper, or harmful purpose or activity
• posting any information or material concerning business opportunities (including but not limited to franchise or distributorship opportunities) or any other matters except the recruitment-related activities for which the site was designed and in accordance with any legal requirements in force at the time
• use to obtain unauthorised access to any other server, account, or network
• unauthorised commercial use
(j) access another user’s account or delete, augment, or amend the information contained therein or interfere with access to the Website or another user’s account
(k) impersonate or otherwise assume the identity or use the personal or contact information (including but not limited to email address) or user name and password of any person or entity, or forge any TCP/IP packet header or any part of the header information of any email or newsgroup posting
(l) perform any act or omission in connection with or directly or indirectly resulting from your use of the Website which could or does cause harm to the business or reputation of us, our affiliates or other users of the Website, or cause us to incur liability to any of our affiliates or Candidates or other third parties
(m) use the Website or information gained from content, except where consistent with the uses contemplated hereunder, to contact or send unsolicited communications (including via email) to a user or any other person or entity, including without limitation, junk mail, spam, or any offensive, sexually explicit, harassing, libellous, infringing, threatening, or otherwise objectionable email or other communications
(n) use any information regarding any individual or entity obtained from the Website for any purpose other than the recruitment-related transactions contemplated herein.
5. In order to protect our commercial interests, it is acknowledged and agreed that we shall be entitled to:
(a) refuse or remove any Advertisement at our absolute discretion without any obligation to you
(b) limit your access to any or all sections of the Website and related services in the event that we have reason to believe that information made available on the Website is being abused by you or if you are in breach of any of the Website Terms
(c) suspend the availability of the Facilities Service, without liability for any loss, for any periods during which our Website is not accessible for any reason outside of our control.
6. In relation to fees and payment the following shall apply:
(a) in order for you to have access to the Facilities Service described herein, you must pay the Fee for each Order at the time of placement of the Order
(b) we shall arrange for a receipted invoice to be issued to you via the Website for payments made by you
(c) you shall have no entitlement to a rebate or refund in any circumstances other than with our prior written agreement, and if you place an Order but choose not to undertake any Search or place any Advertisement, we shall nevertheless remain entitled to our Fee. termination
7. In relation to termination the following shall apply:
(a) this agreement will continue until terminated on one week’s written notice by one party to the other, save that such termination may not take effect during any Service Period
(b) either you or we may terminate this agreement by giving notice to the other if such other shall commit an Insolvency Event, namely that it becomes insolvent within the meaning of the Insolvency Act 1986 or has a receiver appointed or an order or resolution made to wind it up or enters into any arrangement or composition with its creditors or passes a resolution to cease trading or actually ceases trading or being an unincorporated body is dissolved or declared bankrupt, and termination under this clause 7(b) shall have the effect of terminating any Order or Facilities Service then in force
(c) we may without prejudice to any claim, and without liability, terminate the provision of a Facilities Service pursuant to an Order immediately if we have reason to believe that information made available on the Website is being abused by you or if you are in breach of any of these Website Terms
(d) you may not terminate the provision of a Facilities Service during a Service Period
(e) any clauses intended to have effect following termination shall survive termination
(f) any termination shall not prejudice any cause of action already existing at the time of termination or arising under these Website Terms.
Additional Provisions and General Terms
8. It is also agreed that
(a) we are authorised by you to publish your Advertisements on our Website but not in any other medium other than by prior agreement with you
(b) we may assign our rights and obligations under this agreement but you may not
(c) we are not authorised to enter into contracts with Candidates on your behalf
(d) whilst at all times we shall act in good faith we give no guarantee or warranty that any minimum number of Candidates will be available on the Website at any time, or that you will be able to locate any suitable Candidate, or that any Candidate located is suitable for your purposes
(e) all fees may be subject to value added tax which will be charged in addition if applicable
(f) you shall keep any information obtained following a Search confidential and not use it for any purpose other than the recruitment of Candidates
(g) neither we nor our staff shall be liable to you for any loss, damage, delay or compensation of any kind whether in contract or tort, or for breach of the Regulations by any person other than us, arising out of these Website Terms or an Engagement and you shall indemnify us against any costs claims or demands arising from any claim by you save to the extent prohibited by the Regulations or other operation of law
(h) without prejudice to clauses 3(c) and 8(g), our liability shall, in any event other than where liability cannot be limited by law, be in respect of direct losses only, not exceed £100,000 in any case, and be limited to the lower of repayment of our Fee in respect of the relevant Order, or £10,000
(i) you shall at all times to act in good faith towards us and you agree that the liability terms and limits set out in clauses 3(c), 8(g) and 8(h) are reasonable
(j) neither you nor we shall divulge to any other party, or use for your or our own benefit, any information capable of being confidential relating to the affairs of your or our business or business methods, or confidential information, received from each other, except that which is in the public domain or is trivial or obvious or authorised to be released or required by Court Order to be disclosed
(k) other than for third party rights specifically conferred in or under this agreement or in Special Terms, the Contracts (Rights of Third Parties) Act 1999 is excluded
(l) each portion of this agreement, defined by punctuation and/or sections or numbering, is separate, distinct and severable and to give meaning to the intention of you and us the Court may modify any portion that may otherwise be void; subject thereto, any void portion may be severed and the remaining provisions shall continue in force
(m) any notice under this agreement shall be in writing sent to the addressee at the last known address, fax number or electronic mail address either, respectively, by first class post, or by fax or by electronic mail, and shall be deemed to have been received, in the case of post on the postal date following the date of posting, in the case of fax on the date of transmission, and in the case of electronic mail on the date electronic confirmation of receipt is received by the sender
(n) save for any Special Terms the terms set out in these Website Terms are the sole and entire agreement between you and us relating to the business described, supersede any previous terms issued by us, and override any terms proposed by you and may not be varied except either by us in updating the terms on the Website, or by agreement (whether orally or otherwise) and confirmed in writing signed by a director of ours
(o) the laws of England and Wales govern this agreement and the English Courts shall have sole jurisdiction.
SECTION 2 – DEFINITIONS AND MEANINGS
Advertisement – an advertisement placed on the Website by you for a recruitment requirement or job vacancy
Candidate – any individual, and/or a limited company through which an individual is offering services, or a supplier limited company, in respect of whom or which, or in respect of whose skills or services, information is made available on the Website
Engagement – any engagement or employment of any description, whether direct or indirect, under which a Candidate is due to provide any services for the benefit of you, and “Engage”, and “Engaged” shall have corresponding meaning
Fee – the Fee selected on the order form of the Website, from the options identified in the Schedule
Order – an order for the Facilities Service placed via the order form on the Website and accepted by us, and for which you have made payment
Regulations – the Conduct of Employment Agencies and Employment Businesses Regulations 2003
Search – a search by you of Candidates using the search tools made available by us on the Website
Facilities Service – our service, pursuant to an Order, of allowing access to tools and facilities via the Website for the Service Period to facilitate the posting of Advertisements and Searches of Candidates
Service Period – the Service Period of an Order selected on the order form of the Website, from the options identified in the Schedule, subject to earlier termination in accordance with this agreement
Special Terms – specific terms agreed with you for an Order and which may vary terms only for the Service Period of such Order Website Terms – the terms herein, which comprise our agreement with you.
The terms of business set out below (the “Terms”) apply to the website owned, operated and controlled by CG Company Ltd (“CAREER GROOMS”), located on the world-wide web at www.careergrooms.co.uk and www.careergrooms.com (the “Website”) and to the Services provided via the website. By using the Website and/or using the Services provided via the Website (including, without limitation, by providing details of yourself or of job opportunities for posting on the Website) you are deemed to have full knowledge of the Terms and to accept and agree to be bound by them to the exclusion of all other terms and conditions, whether oral or in writing.
CAREER GROOMS reserves the right to change the Terms at any time without notice. Any such changes will be displayed on the Website. Your continued use of the Website indicates your acceptance of such changes. You should therefore check the Terms periodically.
CAREER GROOMS reserves the right to modify, suspend or cancel the whole or any part of the Website and/or the services offered via the Website at any time without notice. CAREER GROOMS shall not be liable to you or to any other person in the event that all or any part of the Website and/or any or all of the services provided via the Website are discontinued, modified or changed in any way.
The Website, its design and contents are all protected by copyright. CAREER GROOMS grants you a non-transferable licence to view and copy the material on the Website solely for your own use. You agree not to reproduce material on the Website other than in accordance with this licence and, without limitation, not to reproduce any information on the Website on any other website or in any other form. You may not use the Website or the information supplied via the Website to provide recruitment, referral or other services for any third parties. You agree not to arrange for any other website to be connected to the Website by way of hyperlink or otherwise without the prior written consent of CAREER GROOMS.
Without prejudice to any other right available to it under these Terms, at law or otherwise, CAREER GROOMS reserves the right to revoke or suspend your licence to use the Website (and to remove any of your information posted on the Website) without notice in the event that you breach these Terms. CAREER GROOMS will not be liable to refund any fees paid in respect of a licence that is revoked or suspended and any fees due in respect of a revoked or suspended licence will remain due notwithstanding such revocation or termination.
Liability, Indemnity and Warranty
The content of the Website is provided for information purposes only and you should not rely upon it in making or refraining from making any decision or in taking or refraining from taking any action. You agree that your use of the Website is entirely at your own risk. No warranty of any type is given by CAREER GROOMS as to the accuracy, completeness or timeliness of any information provided on the Website and CAREER GROOMS does not warrant or represent that the operation of the Website will be uninterrupted or error free. You agree that the Website is provided on an “as is” and “as available” basis.
No advice or information, whether oral or written, obtained by you in connection with the Website and/or any service provided via the Website will create any warranty not expressly stated in these Terms.
You agree to indemnify, defend and hold CAREER GROOMS harmless from and against any and all losses, liabilities, claims, damages, expenses or costs suffered, incurred or brought against CAREER GROOMS as a result of or in connection with your use of the Website and/or receipt Services via the Website.
CAREER GROOMS hereby excludes all and any losses, liabilities, claims, damages, expenses or costs (whether as a consequence of its negligence or otherwise) arising in connection with:
a) your use of the Website or the services offered from time to time via the Website;
b) any unauthorised access to or alterations of information provided by you;
c) any arrangements entered into with any third party in connection with any information provided by or in connection with the Website; or
d) the inaccuracy or incompleteness of any information supplied through the Website.
CAREER GROOMS does not seek to exclude any liability the exclusion of which is not permitted by English law, including (without limitation) liability for death and/or personal injury caused by Career Groom’s negligence and liability for fraudulent misrepresentation.
This Website contains links to other resources on the Internet. Those links are provided solely as aids to assist you to locate other Internet resources that may be of interest. They are not intended to state or imply that Career Groom recommends, endorses or sponsors or, is affiliated or associated with, such linked sites. CAREER GROOMS accepts no liability for such resources and excludes all liability in respect of your use of the same.
If you communicate with CAREER GROOMS by e-mail, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages, which are not encrypted, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
Any failure or delay by CAREER GROOMS to exercise or enforce any of its rights is not a waiver of such rights nor will it bar subsequent enforcement of that right.
If any provision of these Terms is determined by a court or similar body with jurisdiction be wholly or partly unenforceable for any reason, that unenforceability shall not affect the remainder of these Terms, the unenforceable part being deemed severed and deleted and the remainder continuing in full force and effect.
Any notices and other communications to be sent to CAREER GROOMS should be sent by email to firstname.lastname@example.org, or by post to CAREER GROOMS LTD, Aston Farm, Cherington, Tetbury, Gloucestershire, GL8 8SW or to such other address as is notified to you from time to time. CAREER GROOMS will send notices to you at such email address, fax number or postal address as you notify to it from time to time.
Nothing in these Terms shall confer any rights upon any third party (a third party being someone other than you and CAREER GROOMS) whether under the Contract (Rights of Third Parties) Act 1999 or otherwise.
These Terms and your use of the Website and/or the services provided via the Website are governed by and construed in accordance with the laws of England and Wales and the Courts of England and Wales shall have exclusive jurisdiction to determine any dispute in connection with such Terms or use of the Website and/or services.
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