 |
 |
 |
 |
|
TERMS AND CONDITIONS FOR USE OF THE RECRUITT.COM WEBSITE WWW.RECRUITT.COM Terms of Use Please read these Terms carefully, as they set out our and your legal rights and obligations in relation to the Site. These Terms are divided into four parts: l Part A contains general terms relating to the use of our Site; l Part B contains special terms which apply to Candidates; l Part C contains special terms which apply to Employers; and l Part D explains the meaning of defined terms used in this document and contains other provisions relating to its interpretation. By using our Site you agree to be bound by these Terms; and if you register as a Candidate or an Employer, 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 Site and the Material on the Site. Subject to the licence below, all these Intellectual Property Rights are reserved. (2) Licence to use Site You may view the Material, print the Material, and download the Material for caching purposes only, subject in each case to the limitations set out below and elsewhere in 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. You must not access or attempt to access the Material in the Database unless you have an express right to do so under Part B or Part C of these Terms. Notwithstanding anything else in these Terms, we reserve the right to restrict access to any area of the Site, or indeed our whole Site, at our discretion. (3) Site warranties Recruitt.com is not an employment agency. Whilst we endeavour to ensure that the information on the Site is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Site remains available or that the Material is kept up-to-date. In particular, you acknowledge that the information in the Database is supplied by our users, and that we do not edit or verify that information. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including those implied by the law) relating to the Site, the Material and, subject to Clause 25 where applicable, the Services. (4) Our liability 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. Subject to this, and insofar as the Site, 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 Site, the Material or 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 Site, the Material or 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 Site, the Material or the Services, our liability is limited in relation to events occurring during any 12 month period to £100 sterling. (Our liability in relation to paid-for Services is dealt with in Clause 26.) (5) Acceptable Use You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site. You must not use the Site 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 use the Site to copy, publish or send mass mailings or spam. You must not use the Site 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. You must not conduct any data mining in relation to the Site or otherwise use any automated means to extract data from the Site. We reserve the right to edit or remove any material posted upon the Site. We may take such further action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to the Site and/or any of the Services, or commencing legal proceedings against you. (6) Trade marks RECRUITT and our logo are trade marks belonging to us. We give no permission for the use of these trade mark, and such use may constitute an infringement of our rights. The other registered and unregistered trade marks on the Site 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 login ID and password to enable you to access restricted areas of the Site or restricted Material or Services, you must ensure that that password is kept confidential. You accept responsibility for all activities that occur under your login ID. We may disable your login ID 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 Site 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 may 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 Site, and supersede all previous agreements in respect of your use of the Site. (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 exclusive jurisdiction of the courts of England. These Terms are available in the English language only. (15) Our details The full name of our company is Recruitt Ltd and our registered office is at 53 Armitage Road, London NW11 8QT. You may contact us by writing to us at the above address or by email to info@recruitt.com. You must not use this email address for sending to us spam or marketing communications. Our company registration number is 6294157. Our data protection registration number is [NUMBER]. PART B: CANDIDATES This Part B contains the additional terms which apply to Candidates. (16) Agreement In order to register as a Candidate on the Site, you need to complete the appropriate registration form (including indicating your consent to these Terms by ticking the appropriate check box). An Agreement incorporating Parts A, B and D of these Terms will come into force when you click the registration button after completing the registration form. The Agreement will continue indefinitely, unless and until terminated by either party in accordance with the provisions of Clause 19. If you make any error during the process of completing our registration form you should notify us by email to info@recruitt.com. (17) Services Subject to the other provisions of these Terms, we may provide the following Services to Candidates during the term of the Agreement: (a) the facility to apply, though an online interview process, to jobs in Adverts posted by Employers on the Site; (b) the facility to create and update a profile in the Database and to submit a CV to the Site (which profile and CV will, subject to the provision below, be available to Employers via the Site search facility); and (c) the facility to hide the Candidate's profile and CV from particular Employers, such that it will be hidden from an Employer when that Employer is using the Site search facility. The Candidate acknowledges that we do not vet Employers or exercise any editorial function over Adverts, and accordingly Candidates must satisfy themselves as to the bona fides and suitability of Employers and the jobs they advertise. We will use reasonable endeavours to try to ensure that the Candidate's information will not be disclosed to any Employer that the Candidate attempts to restrict disclosure in relation to. However, we do not guarantee this. (18) Licence and warranties The Candidate grants to us a worldwide, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute in any media all Material posted by the Candidate to the Site. The Candidate further grants to us the right to sub-licence the rights specified above. The Candidate warrants that the information and Material posted to the Site (and its use in accordance with these Terms): (a) does not infringe any third party's rights (including without limitation 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 Candidate; (b) does not violate any law, statute, ordinance or regulation in any jurisdiction; (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; (f) does not otherwise breach the Acceptable Use requirements; and (g) is not untruthful, inaccurate or misleading. The Candidate undertakes to keep the information and Material posted to the Site up-to-date at all times. The Candidate warrants to us that he or she has full power and authority to enter into and perform the Agreement. (19) Indemnity The Candidate 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 Candidate of these Terms. (20) Termination of Agreement We may terminate an Agreement at any time, with or without giving to the Candidate notice of termination. A Candidate may terminate an Agreement at any time by sending an email to info@recruitt.com requesting that the Candidate's details be removed from the Database. Termination of an 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 Clause 19, or the applicability of Parts A and D of these Terms to any continued use of the Site by the Candidate. PART C: EMPLOYERS This Part C contains the additional terms relating to Employers. (21) Agreement In order to register as an Employer on the Site, you need to complete the appropriate registration form (including indicating your consent to these Terms by ticking the appropriate check box). An Agreement incorporating Parts A, C and D of these Terms will come into force when you click the registration button after completing the registration form. The Agreement will continue indefinitely, unless and until terminated in accordance with the provisions of Clause 28 or 29. If you make any error during the process of completing our registration form you should notify us by email to info@recruitt.com. (22) Services Subject to payment of any applicable Charges and to the other provisions of these Terms, we will also provide the following Services to Employers during the term of the Agreement: (a) the facility to access and search the Database for the purpose of identifying Candidates for jobs; (b) the facility to access Candidates' CVs and profiles posted on the Site; (c) the facility to create Adverts which will run for a period of up to 2 months, and to create bespoke electronic “interviews”; (d) the ability to filter Candidates using our Site-based candidate filtering facility; and (e) the ability to contact candidates identified using the Site-based confidential email facility. Please note that information about Candidates in the Database may be hidden by Candidates, and therefore unavailable to Employers. The Employer's name will be available to all Candidates to enable them to exercise this function.
The Employer will: (a) treat the information in the Database as confidential; (b) not disclose to any third party any information from the Database; (c) only use the information from the Database for the purposes of finding and contacting suitable candidates for specific job vacancies with the Employer (or, where the Employer is an employment agency or employment business, for the purpose of finding and contacting suitable candidates for specific job vacancies with the clients of the Employer); (d) protect the confidentiality of the information from the Database using appropriate and effective security measures; and (e) irrevocably destroy/delete any information obtained from the Database upon the termination of the Agreement. (23) Charges and payment Charges must be paid to us by the Employer in Pounds Sterling by credit card or debit card. Charges in respect of Adverts must be paid on the closing date of the Advert; and Charges in respect of access to the Database must be paid when the Employer registers for the service. The Charges on the Site are all VATable and will be charged with additional VAT cost. Our VAT registeration number is 935 0945 13. Without prejudice to our other rights, if the Employer is in breach of its obligations in this Clause 23, we may in our absolute discretion suspend any or all Services pending receipt of payment of the Charges. (24) Licence and warranties The Employer grants to us a worldwide, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute in any media all Material posted by him or her (or it) to the Site. For the avoidance of doubt, this grant includes a licence to publish Adverts on websites other than the Site. The Employer further grants to us the right to sub-licence the rights specified above. The Employer undertakes not to use the experience-based filtering functionality on the Site for any purpose, or in any way, which is or might be in breach of any applicable law (including the Employment Equality (Age) Regulations 2006). The Employer warrants that the information and Material posted to the Site by the Employer (and its use in accordance with these Terms): (a) does not infringe any third party's rights (including without limitation 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 Employer; (b) does not violate any law, statute, ordinance or regulation in any jurisdiction (including employment discrimination legislation); (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; (f) does not otherwise breach the Acceptable Use requirements; and (g) is not untruthful, inaccurate or misleading. The Employer undertakes to ensure that all Adverts published constitute an accurate and fair advertisement for a bona fide job, and will not contain any email address or website address. The Employer undertakes to keep the information and Material posted to the Site (including Adverts) up-to-date at all times. The Employer warrants to us that it has full power and authority to enter into and perform the Agreement. (25) Our warranty We warrant to the Employer that we will perform paid-for Services with reasonable care and skill. These Terms set out the full extent of our obligations and liabilities in respect of paid-for 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 those Services are expressly excluded. In particular, we do not warrant that the Employer will be receive any applications in relation to Adverts; nor do we warrant that the Database will hold the CVs or profiles of Candidates who may suit the positions that the Employer 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 paid-for 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 paid-for Services, whether direct or indirect, and whether arising in tort, contract, or otherwise; (c) if, notwithstanding the limitations of liability above, we are found to be liable to the Employer in respect of paid-for Services, our liability is limited in relation to events occurring during any 12 month period to the total amount of Charges paid (or if greater payable) to us by the Employer in respect of that period; and (d) we will not be liable in respect of any misuse of your credit card details by a third party. (27) Employer indemnity The Employer 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 Employer of these Terms. (28) Termination for convenience We may terminate an Agreement at any time by giving written notice of termination to the Employer. (29) Termination upon breach etc. Either party may terminate an Agreement immediately at any time by written notice to the other party if: (a) that other party commits any material breach of its obligations under these Terms; or (b) that other party ceases to trade; or (c) that other party becomes insolvent or unable to pay its debts within the meaning of the insolvency legislation applicable to that party; or (d) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of the business or assets of that other party, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court; or (e) the ability of that other party’s creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that party’s creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or (f) any process is initiated which could lead to that other party being dissolved and its assets being distributed to its creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction); or (g) that other party (being an individual) dies, becomes incapable of managing his or her own affairs by reason of mental or physical illness or incapacity, becomes a patient under any mental health legislation, or is the subject of a bankruptcy petition or order. (30) Consequences of termination On termination of an Agreement by us pursuant to Clause 28, or by the Employer pursuant to Clause 29: |