Commercial Terms & Conditions for the use of London4Jobs.co.uk
IMPORTANT – These general terms of use (“Terms”) govern your use of the site, www.london4jobs.co.uk, (the “Site”) and users of the Site should read them carefully. If you do not accept the Terms, then you must not use the Site or the services which are offered by us (the “Services”).
The Terms may change, from time to time, at our sole discretion, and so users of the Site should check back regularly and review the Terms whenever accessing or using the Site or Services. Any reference to “we”, “our” or “us” is a reference to UK Staff Search Limited (Company Number 06777307) or our successors or assignees and any reference to “you” or “your” are references to all individuals and/or entities using the Site/Services.
Information and Disclaimer
We are providing the Site and the material and information published on the Site on an “as is” basis and make no representations, guarantees or warranties of any kind with respect to the Site or its contents or the Services and we disclaim, to the fullest extent permitted by law, all representations, guarantees and warranties, whether express or implied, at law, by custom, or otherwise, in respect of the Services or the Site or its contents including, without limitation, and for the avoidance of doubt, any warranties regarding the accuracy, reliability, completeness, functionality, performance or timeliness of the Site (which we acknowledge may contain technical inaccuracies or errors) or Services, fitness for purpose, merchantability, non-infringement in respect of the Site or Services. For the avoidance of doubt, such content may include, without limitation, communications posted by users, such as CVs posted by individuals seeking employment or recruiters’ postings of vacancy details, job advertisements and other advertisements on the Site. Neither we nor any of our directors, employees or other representatives will be liable for any loss or damage whatsoever arising directly or indirectly out of or in connection with your use of the Site or any of the Services, whether or not we are advised of the possibility of such damages and whether based on warranty, indemnity, tort or otherwise. This is a comprehensive limitation of liability that applies to all damages of any kind including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, loss of income or profit, loss of or damage to property (including intangible property) or to computer systems and equipment, damage resulting from business interruption or lost data, loss of contract, loss of business, loss of revenue, loss of savings (anticipated or otherwise), and claims of third parties. For the avoidance of doubt, we do not accept and you agree that there are no implied duties or obligations upon us in respect of the Site and any duties or obligations incumbent upon us are as expressly detailed in these Terms. Notwithstanding the foregoing, none of the exclusions and limitations in this paragraph or elsewhere in these Terms are intended to limit any rights which you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury arising from our negligence or that of our employees or agents or for such other liability which cannot be excluded or limited at law. To the extent permitted by law, our maximum liability arising out of or in connection with your use of the Site or its content, or the Services regardless
Acceptable Site Use
You may not use the Site in order to display, transmit, distribute or store material or post information which is illegal or which, in our sole judgement, may be (a) defamatory, obscene, offensive, indecent, of a menacing or threatening character, may cause annoyance, unwanted attention, inconvenience or anxiety to any person or is otherwise objectionable (b) illegal or designed or likely to induce an illegal act or, (c) inaccurate or false or (d) could cause any disruption to any computer system or network, or (e) infringes the rights of a third party.
You shall not violate or attempt to violate the integrity or security of the Site.
The Site may be used only for lawful purposes by individuals seeking employment or alternative employment, recruiters seeking to fill genuine, specific and live vacancies and third parties advertising their goods and/or services.
As a user of the Site, you are wholly responsible for your own communications and the form, content and accuracy for information which you post to the Site and are wholly responsible for the consequences following your postings. You shall not post inaccurate or misleading information, use the Site or Services or post information for any purpose other than that described in paragraph 2.3, make any changes to any material or information posted by any other person, do anything to interfere or attempt to interfere with the proper working of the Site, share your password with third parties, unless expressly permitted by us to do so, or use your password for any unauthorised purpose, aside from using generally available third party browsers, navigate or search the Site other than by using the search engine available from us, attempt to reverse engineer, decompile, decipher or similar any software comprising the Site, sell or attempt to modify the Site’s content or reproduce, copy or duplicate any such content or information contained on the Site, save as is expressly permitted hereunder, or post material which contains intellectual property rights of third parties without having obtained the prior written consent of such third parties.
Users agree not to use the Site to infringe the intellectual property rights of others in any way.
Intellectual Property
Copyright
All rights in the design, data, text, graphics, editorial, software, source code, logos and all other data and material (“Content”) on this Site and the selection, compilation or arrangement thereof are the copyright of us or other third parties.
The use of the Content on any other website or on a networked computer system is prohibited. We authorise you to view and download a single copy of the Content on the Site solely for your personal, non-commercial use.
Trademarks
All trademarks, product names and company names or logos used in the Site are our property or the property of their respective owners. No permission is given by us in respect of the use of any such trademarks; get-up, product names, company names, logos or titles and such use may constitute an infringement of the relevant holder’s rights.
Indemnity
You shall indemnify us and keep us indemnified against any and all damages, losses, claims, proceedings, actions including solicitors’ and other professional’s fees, indirect or consequential or special losses or any lost profits, any loss of business whether or not arising as a result of business interruption, any loss of contract, any loss of revenue, any loss of data, any loss of savings (anticipated or otherwise), any loss or damage to property (tangible or intangible) or to computer systems and/or equipment, any loss of goodwill which may be incurred, without prejudice to the generality, as a result of your use of any Services or the Site, any Advertisement, any breach of the Conditions, any breach of warranty or indemnity, any breach by you of any applicable law, rule, regulation, code of practice or industry standard, any breach of copyright or other third party intellectual property rights or any claims made by any person.
Hyperlinks
The Site may include links to third party websites as expressly approved by us. Their inclusion does not imply any validation or endorsement by us of the content of the website referred to. Users of the Site link to other websites at their own risk and according to the terms and conditions of use of such websites. For the avoidance of doubt, we accept no responsibility or liability for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites, or the content of such websites.
Termination
Without prejudice to any other remedies available to us, we reserve the right to terminate your registration and right to use the Site or the Services for any reason at any time without prior notice to you, and without any liability to you whatsoever.
Without prejudice to any other remedies available to us, we reserve the right to terminate your registration and right to use the Site or the Services for any reason at any time without prior notice to you, and without any liability to you whatsoever.
If any provision of these Terms shall be held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the Terms and shall be deemed to be deleted from this Terms and the validity of the remaining provisions shall not be affected. You agree that we shall substitute for any illegal, invalid or unenforceable provision a valid or enforceable provision, which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
The Terms which are necessary for their enforcement shall survive any expiry or termination of your registration.
Any failure or neglect by us to enforce and provisions of the Terms shall not be construed as a waiver of our rights under the Terms nor shall it prejudice our right to take subsequent action nor shall it affect the validity of any part of the Terms.
The Terms shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the English courts.
Client terms and Conditions
Definitions and Interpretation
In these Conditions, the following words shall have the following meanings, unless the context otherwise requires:
“Advertisement” means Job Advertisements and advertisements comprised in Advertising Campaigns featured on the Site.
“Advertising Campaigns” means the advertising materials submitted by you enabling us to provide Online Advertising Services.
“Applicant” means a Work Seeker who submits an Application for a job vacancy advertised in a Job Advertisement on the Site.
“Application” means the application by an Applicant for a job vacancy advertised in a Job Advertisement which may include submitting an application form and/or submitting his/her CV and/or supplying information about him/herself to you.
“Commencement Date” means the date you agreed to be bound by these Conditions.
“Conditions” means these terms and conditions and shall also include the General Terms and Conditions of Use of the Site.
“Contract” means the contract for the supply of Services comprising the Service Agreement and these Conditions.
“CV” means the curriculum vitae of a Work Seeker or Applicant.
“CV Database” means the Site’s CV Database which is a database containing the CVs of Work Seekers which may be accessed by licensed members.
“CV Database Access” means the terms of the CV Database access package you have chosen which will provide access to the CV Database up to a maximum number of CVs viewed and/or for a specified period of time and/or subject to other or additional conditions, all as set out in the Service Agreement.
“Discrimination Legislation” means all laws and regulations in force from time to time in the United Kingdom the purpose of which is to outlaw discrimination including, without limitation, the Sex Discrimination Act 1975, Equal Pay Act 1970, the Disability Discrimination Act 1995, the Race Relations Act 1976 and the Age Discrimination Act 2006.
“End Client” means the client to whom you provide services.
“General Terms and Conditions of Use” means the general terms and conditions of use of the Site which form part of the Conditions.
“Group of Companies” means a subsidiary, subsidiary undertaking or holding company of ours or any subsidiary or subsidiary undertaking of any such holding company or any company which is deemed under UK tax legislation to be an associated company of ours.
“Job Advertisements” means advertisements posted by you on the Site advertising genuine, specific, live job vacancies.
“Online Advertising Services” means the provision by us of an allocated space on the Site allowing you to advertise your goods and/or services.
“Pay Per Application” means, in relation to any Job Advertisement, either (a) those Applicants who apply for the vacancy advertised by you on the Site of the vacancy you have advertised or (b) You have downloaded an applicant’s CV from our CV database (c) The applicant has met all filtering criteria.
“Services” means the services we have agreed to supply to you as described in the Service Agreement.
“Service Agreement” means the service agreement between you and us which describes the Services.
“Site” means the website at www.london4jobs.co.uk.
“Term” means the term of the Contract as set out in the Service Agreement.
“Work Seeker” means an individual who is using the Site for the purposes of findi
Any reference to "we", "our" or "us" is a reference to UK Staff Search Limited (Company Number 06777307) or our successors or assignees.
Any reference to "you" or "your" are references to the company described in the Service Agreement to whom we will provide Services.
References to any statute or statutory provision or regulation shall, unless the context otherwise requires be construed as a reference to that statute, statutory provision or regulation as amended, replaced, extended, re-enacted or modified from time to time.
The masculine includes the feminine, the singular includes the plural and vice versa.
Reference to persons or third parties shall include individuals, bodies corporate and unincorporated.
Headings to Conditions are for information and identification purposes only and shall not be construed as forming part of the Conditions.
Application of Conditions
The supply to you by us of Services is subject to these Conditions to the exclusion of all other Conditions of business which may be used by you, which may be contained in your purchase orders, or otherwise.
These Conditions are deemed to be fully read, understood and accepted by you upon your signature of the Service Agreement or, if your account has been set up on line, by you clicking on the "Accept" option on the Site.
The Conditions may not be varied or altered, save with our prior written consent.
Services
Each order for Services by you shall be deemed to be an offer by you to purchase the Services. Such offer will be accepted on signature by us of the Service Agreement or, if you have placed your order online, when we have sent to you an electronic acknowledgement of the order.
You shall provide to us information, artwork, logos, designs and any other materials to enable us to perform the Services.
We reserve the right to make changes to the Services where necessary to comply with our statutory obligations or to meet security requirements or where we deem it, in our sole discretion, to be in our interests to do so, without prior notice to you and we shall, at all times, determine how the Services will be provided.
We shall not be responsible for failure to provide the Services or the unavailability of the Site as a result of circumstances beyond our control or breach by you of the terms of the Contract or for any other reason and you agree that, unless there is express provision to the contrary elsewhere in the Contract, you will be responsible for payment of the fees for such Services as set out in the Service Agreement, as if the Services had been properly and fully provided, notwithstanding such failure.
In the event that you breach the terms of these Conditions or misuse any CVs or Applications or other information obtained from us or the Site or misuse the Site or Services, we reserve the right to report your actions to the relevant legal/regulatory bodies or authorities, as appropriate.
Any intellectual property rights, techniques, concepts or ideas conceived by us as a direct or indirect result of providing the Services shall be vested in us exclusively.
All proprietary rights in relation to the Site and/or Services shall remain vested in us. For the avoidance of doubt, you shall acquire no rights in relation to the Site and/or Services including CVs and Applications, save for the limited rights to use the Site and Services as set out in the Conditions. You agree not to reverse engineer, decompile, copy or modify any part of the Site.
Registration
You will be required to register as a user of London4Jobs.co.uk. Registration will either be done by you on line or by us on the basis of information supplied by you. All information provided by you for the purposes of registering to use the Site or otherwise in connection with the Services shall be accurate, complete and true. If, during the Term, any information provided by you to us changes, you must inform us forthwith. On successful registration, you will be entitled to use the Site subject to the terms and conditions of the Contract. We may disclose your registration as a user and other information about you to third parties.
Job Advertisements
All Job Advertisements will be entered by you online. You agree that any and all Job Advertisements that you display on the Site shall relate to genuine, specific, live job vacancies and that no Job Advertisements will contain generic or stock job descriptions
You may post as many Job Advertisements as you wish on the Site FREE OF CHARGE. For every Application made by a Qualifying Applicant for the vacancy advertised in your Job Advertisement, you will be charged a fee in the amount set out in the Service Agreement. For the avoidance of doubt, the fee will become payable when the Application is made, regardless of whether or not the Application is read, considered or successful. An Application will be deemed to have been made in relation to any Job Advertisement, when the Applicant has clicked the "apply now" option on the Job Advertisement.
Job Advertisements will remain live on the Site for the period specified in the Service Agreement or until the cost of Applications from Qualifying Applicants exceeds your credit limit as set out in the Service Agreement, whichever is the earlier. In the event that the cost of Applications from Qualifying Applicants exceeds your credit limit, the Job Advertisement will be removed from the Site unless you expressly approve an increase in the credit limit or you immediately make a payment to account, at our sole option.
Job Advertisements may, under no circumstances, contain a link or reference to your or any third party’s web site or any email address whatsoever.
A Job Advertisement on the Site shall be placed in the specified format which we have provided for and shall be positioned by us. On the Site, you shall only advertise one job vacancy per one Job Advertisement, which Job Advertisement shall be for a genuine, specific and live job vacancy only. The Job Advertisement must not advertise other products or services, whether or not such products or services relate to recruitment (including, without limitation, franchises, pyramid selling schemes, network marketing or other apparent business opportunities).
You may not advertise multiple job vacancies on the one Job Advertisement and/or use multiple titles in the title field or descriptions like “all levels” as part of the title or in the body of the text. You shall not insert words, strings of words or repeat job titles which may influence the position of your Job Advertisement in the results listing or increase the number of page views.
We will use reasonable endeavours to ensure that Job Advertisements will be live on the Site within 2 hours of submission of your Job Advertisement to the Site. You may be notified by email when your Job Advertisement goes live.
We will match and send your Job Advertisements to Work Seekers who have subscribed for this service on a weekly basis. We may alter the format of your Job Advertisement to facilitate this.
We will monitor the content of your Job Advertisements and we will be entitled to decline, refuse, withdraw, edit or require to be amended any Job Advertisement without prior notice to you for any reason.
You warrant that no Job Advertisement will contain descriptive words that could potentially lead to a breach (direct or indirect) of Discrimination Legislation.
You shall respond to Applications made by Applicants directly and you shall deal fairly and professionally with all Applicants and shall not do anything to bring our name into disrepute.
We give no warranties that Applications will not be made by bona fide Applicants, nor do we warrant or accept liability or responsibility for the content of and information contained in Applications.
Online Advertising Services
The positioning of an Advertising Campaign is at our sole discretion.
You will provide all materials in an acceptable format, in line with our policies, from time to time and within 2 full days prior to the go live date in respect of the Advertising Campaign set out in the Service Agreement. The content of all Advertising Campaigns are subject to our prior approval.
You shall pay the full amount set out in the Service Agreement for the Online Advertising Services irrespective of whether or not any delivery targets or other targets are met.
If you cancel Online Advertising Services which you have ordered before they have begun, you shall be liable to pay the full amount of the fee stated in the Service Agreement as though the Online Advertising Services had been carried out in full.
We accept no liability if there is a delay or we make an error in displaying an Advertising Campaign. If we fail to publish an Advertising Campaign, due to any fault on our part only, our sole liability is to issue to you a refund of the portion of the fee relating to the Online Advertising Services or to place the Advertising Campaign at a subsequent date, whichever option is selected by us, at our sole discretion.
We will be entitled to decline, refuse, withdraw or require to be amended any Advertising Campaign without prior notice to you for any reason. In the event that an Advertising Campaign is withdrawn, you shall not be entitled to a refund of the unused advertising time and any part of the fee stated in the Service Agreement unpaid by you in respect of the Online Advertising Services shall remain fully payable by you in accordance with these Conditions and the Service Agreement even though the Online Advertising Services have not been completed.
You agree that we make no guarantees as to levels of impressions or usage statistics for an Advertising Campaign.
You are solely responsible for the content of each Advertising Campaign and for ensuring that it complies with all applicable laws, regulations, rules, codes of practice and industry standards.
For the avoidance of doubt, you shall be responsible for dealing with any enquiries or filling any orders relating to goods and services advertised in an Advertising Campaign.
You may request the removal of an Advertising Campaign/termination of the Online Advertising Services before the expiry or termination date of such Advertising Campaign/ Online Advertising Services. In this event, you will not be entitled to a refund of the unused advertising time and you shall be liable to pay the full amount of the fee stated in the Service Agreement (in respect of the Online Advertising Services) as though the Online Advertising Services had been carried out in full.
If your Advertising Campaign links to a website other than the Site, you are responsible for maintaining the links and for the content of the linked website and, if any claims arise against us as a result of the content of third party websites or links, the provisions of Conditions shall apply.
CV Database
If you have a license to use the CV Database, as set out in the Service Agreement, you may access the CV Database in accordance with the terms of the Database Access Package. The right of access will cease in accordance with the terms of the Database Access Package or in the event that your use of the CV Database exceeds your credit limit set out in the Service Agreement, whichever is the earlier. In the latter event, your right of access to the CV Database will automatically cease, unless you expressly approve an increase in the credit limit or you immediately make a payment to account, at our sole option.
A license to use the CV Database allows a single user to access the CV Database using one unique password. You agree to notify us immediately following the departure of any person to whom a password was provided and we may, at our sole discretion, cancel the password and issue you with another. We further reserve the right to change passwords from time to time without prior notice to you.
You warrant that you will use the CV Database for the sole purpose of searching for Work Seekers to fill genuine, specific and live jobs. For the avoidance of doubt, you shall not use the CV Database to offer to Work Seekers any other services, whatsoever.
Each time you click to view or download a CV, you will be charged a fee in the amount specified in the Service Agreement. Each CV view is distinct and you will be charged each time you view or download the same CV.
We give no warranties or representations that the CVs posted on the CV Database have been provided by bona fide Work Seekers and we accept no liability or responsibility for the contents of or information contained in the CVs.
If you wish to progress with a CV, you shall contact the Work Seekers directly and you shall deal fairly and professionally with all Work Seekers and shall not do anything to bring our name into disrepute.
For the avoidance of doubt, all rights in and to the CV Database, including, without limitation, database rights and copyright shall vest exclusively in us and you shall acquire no rights therein or thereto.
Your are strictly forbidden from downloading or attempting to download or copy the CV Database.
You may cancel your license to use the CV Database at any time before the expiry of the license as stated in the Service Agreement. On early cancellation of the license, you will not be entitled to a refund in respect of the unused period of the license and you shall be liable to pay the full amount of the fee stated in the Service Agreement (in respect of the Database Access Package) as though the license had remained in effect until its expiry.
Warranties and Undertakings
You hereby undertake and warrant to us that:
you will use the Site in a manner which is (a) consistent with the terms of the Contract and (b) compliant with all applicable laws, rules, regulations, codes of practice and industry standards;
you will comply with the provisions of the Data Protection Act 1998 (including, for the avoidance of doubt, the eight Data Protection Principles contained therein) in respect of Applicant and Work Seeker information (including CVs and Applications) and that you will not misuse such information and shall keep such information confidential;
Any information provided by you to us is accurate, complete and true;
the reproduction or display of an Advertisement by us as submitted by you or as amended will not breach any agreement with or infringe or violate any right of any person or render us liable to any claims, proceedings or actions of any nature;
In relation to any Advertisement forming part of the Services, you are a principal, notwithstanding that you may be acting directly or indirectly for an End Client;
Each Advertisement is decent, legal and honest and complies with all applicable laws, regulations, rules, codes of practice and industry standards;
The consent of relevant persons has been obtained where there features the name or a pictorial representation of any such person (or part of such a person) in an Advertisement or where there is information in any Advertisement which identifies any such person;
no Advertisement contains any information, data, images or other materials which, in our sole judgement, is (a) defamatory, obscene, offensive, indecent, of a menacing or threatening character, may cause annoyance, unwanted attention, inconvenience or anxiety to any person or is otherwise objectionable, (b) illegal or designed or likely to induce an illegal act, (c) inaccurate or false, (d) could cause any disruption to any computer system or network or (e) infringes the rights of a third party and you shall not use the Site to transmit or distribute or link to any such information, data, images or other materials;
you will accept full responsibility for your use of the Site or the use of the Site by your employees, workers, agents or subcontractors or the use/access of the Site by persons using your unique passwords, whether or not they are authorised to use/access the Site and shall indemnify us in accordance with condition 11 for any losses or damages which directly or indirectly as a result of such use;
you will use all possible endeavours to prevent access of the Site by any unauthorised persons including, without limitation, putting in place all appropriate measures to protect passwords and user names;
your use, the use by persons authorised by you of the Site and the use by persons who are not authorised by you but who access the Site by using your unique passwords shall not cause any damage to us or our property or to any other persons or such other persons’ property;
you or persons authorised by you or persons who are not authorised by you but who access the Site using your unique passwords will not use the Site or the Services in such a way as to disrupt, damage, render less effective or in any way impair any part of the Site and/or the Services;
subject to conditions, you shall not submit, re-sell, supply, distribute or make available (a) any part of the Services which you have purchased from us including, without limitation, any Advertisements or CV Database access or (b) any other information or any CVs or Applications to any third party without our prior written consent;
You shall ensure the security of all information relating to communications between your hardware and the Site. You shall not use the Site to gain unauthorised access to other computer systems.
Advertisers Obligations
Advertisers undertake to:
keep confidential and use all CVs, Applications or information received from us or accessed on the Site in accordance with the Contract and the Service Agreement for the sole purpose of filling a genuine, specific and live job vacancy;
Keep confidential all information relating to the Services we provide you, including details of the pricing of such Services.
not discriminate between Work Seekers or Applicants or engage in any illegal discriminatory practices whether by reason of age, race, sex or disability;
ensure that age, gender or ethnicity/disability data shall not be used in any selection or employment related decisions;
Maintain all appropriate registrations under the Data Protection Act 1998 to enable you to process Applicant’s and Work Seeker’s personal data.
You acknowledge and agree that the Site operates as a job board only and neither it nor we introduce or supply Work Seekers or Applicants to you. We do not warrant or give any guarantees as to the content or accuracy of information contained within CVs or Applications or the suitability of Work Seekers or Applicants. Therefore, without exception, you are solely responsible for selecting suitable Applicants/Work Seekers and satisfying yourself as to the availability, suitability, standard of skill, integrity and reliability of Applicants and Work Seekers, including, without limitation, carrying out reference, background, and CV checks, verifying the Work Seeker’s/Applicant’s right to work status and qualifications and for carrying out other checks (mandatory or otherwise) and all procedures to ensure that Applicants/Work Seekers are suitable for the job vacancy advertised.
In addition to carrying out appropriate checks on Work Seekers and Applicants, you shall be responsible for obtaining any work or other permits and for arranging medical exams and making enquiries into an Applicant’s/Work Seeker’s medical history.
Special Conditions for Recruitment Agencies
If you are an employment business or employment agency as defined under the Employment Agencies Act 1973:
you must comply with the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Businesses Regulations 2003 (and all other laws, regulations, rules, codes of practice and industry standards applicable to the recruitment sector) to which you are subject in respect of your receipt and processing of CVs, your dealings with Work Seekers/Applicants and End Clients and in all other related matters;
you shall obtain the prior written consent of Work Seekers/Applicants prior to submitting their CV or Application to an End Client or any other person;
subject to conditions, you may make Work Seekers’/Applicants’ CVs or Applications available to your genuine End Clients who may wish to recruit such Work Seekers within the End Clients’ businesses; and
You shall not register to use the Site under the pretext that you are a Work Seeker or Applicant
Indemnity Provisions
You shall indemnify us and keep us indemnified against any and all damages, losses, claims, proceedings, actions including solicitors’ and other professionals’ fees or indirect or consequential losses which may be incurred, without prejudice to the generality, as a result of your use of any Services or the Site, any Advertisement, any breach of the Conditions, any breach of warranty or indemnity, any breach by you of any applicable law, rule, regulation, code of practice or industry standard, any breach of copyright or other third party intellectual property rights or any claims made by any person under Discrimination Legislation.
Liability
We are an advertising medium and do not guarantee any level of response to Advertisements, the availability of Applicants or Work Seekers or that responses to Job Advertisements will be from Applicants suitable for the job advertised.
All liability which could be imposed upon us is excluded to the fullest extent permitted by law. However, for the avoidance of doubt, nothing in these Conditions shall limit either our or your liability for death or personal injury caused by our or your negligence.
Subject always to conditions we shall not be liable to you or any third party for:
any damages of any kind including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, loss of income or profit, loss of or damage to property (including intangible property) or to computer systems and equipment, damage resulting from business interruption or lost data, loss of contract, loss of business, loss of revenue, loss of savings (anticipated or otherwise), and claims of third parties, whether or not we are advised of the possibility of such damages and whether based on warranty, indemnity, tort or otherwise;
any cost of replacement Services (save as may be expressly provided otherwise elsewhere in the Contract);
any loss or damage whatsoever and howsoever caused to you arising out of the negligence, dishonesty, lack of competence or suitability of or disclosure of confidential information by any Applicant or Work Seeker;
any loss of or damage to data, information, photographs, artwork or other material or information supplied to us by you;
any delay, costs, expenses, losses, damages or liability as a result of (a) any actions taken or not taken by you following your use of the Site or Services, (b) any reliance placed by you on the Site and/or Services and any subsequent acts or omissions based upon such reliance, (c) your inability to access or navigate any part of the Site, (d) any hardware failure, (e) use of software, (f) virus or corruption resulting from your use of the Site/Services which damages your computer or server or other property, (g) deletion or removal of data, or (h) your general use of the Site and Services; or
Any mistakes or errors arising during the course of the display of an Advertisement or failure to display an Advertisement or provide the Services (save as may be expressly provided elsewhere in the Contract).
While we endeavour to ensure that all materials uploaded onto the Site are in line with our policies, we do not accept liability whatsoever in the event that Work Seekers or Applicants send malicious or corrupt CVs/Applications or CVs/Applications that contain viruses. In addition, we do not warrant and do not accept responsibility for the content, the accuracy or truthfulness of information contained in any Work Seeker’s CV or Applicant’s Application made and do not accept responsibility or liability for the contents thereof.
Subject always to condition if we are found liable for any loss under the Contract, our liability will be limited to direct losses only up to a maximum of £250 or the amount to which you most recently paid to us.
You agree and accept that no condition, warranty or representation of any kind is, has been, or will be, given by us or on our behalf in respect of or in any way relating to Services or the Site and you have not, in accepting these Conditions, relied on any condition, warranty or representation by us or any person on our behalf, express or implied. For the avoidance of doubt, all warranties, express or implied, by law, custom or otherwise, in relation to the Site or the Services or their content are excluded.
The Site may contain advertising and other materials submitted to us by third parties who are solely responsible for the content of such advertisements and for ensuring that the materials featured on the Site comply with all legal requirements. Therefore, we do not accept liability for such advertisements. There may be links on the Site which lead to servers maintained by third parties. We accept no responsibility for the content of or materials contained on such servers.
Payment Terms and Credit
You agree to pay us the fees set out in the Service Agreement.
All fees are exclusive of VAT or other applicable sales tax, for which you shall be additionally liable. For the avoidance of doubt, the rate of tax payable in respect of any invoice is the rate of VAT prevailing as at the invoice date.
All invoices are payable to us in full and cleared funds within 30 days of the invoice date.
If you fail to pay any invoice by its due date, all monies owed by you will immediately become due and payable and we will be entitled to charge you (a) late payment interest at the rate of 8% over the base rate of Lloyds TSB from time to time, from the date monies became due until payment in full (including any interest charged) has been received and (b) the sum of £25.00 as an administration charge (c) any costs reasonably incurred by us in collecting any overdue payments, including, for the avoidance of doubt, legal fees.
We may carry out a credit check against you from time to time. You authorise us to obtain any references required (including, without limitation, trade and bank references) and credit information relating to you from external credit reporting sources as may be required and you agree to provide any credit or other relevant information which we may require.
We reserve the absolute right to refuse to extend credit to you and to require payment before providing Services.
Termination
The Contract shall continue for the Term, unless terminated under this Condition
We reserve the right to immediately terminate Services/Contract in the event that you are in breach of any of these Conditions without incurring any liability to you whatsoever whereupon any fees payable in relation to the Services (whether or not provided) as set out in the Service Agreement shall become immediately due and payable.
We may terminate the provision of the Services/the Contract without prior notice and for any reason, without incurring any liability to you and, save where the provisions of Condition state otherwise, you shall be liable to pay for all Services completed up to the effective date of termination.
Save as may otherwise be provided in the Service Agreement, in the event that any part of the Services is cancelled or terminated by you prior to the expiry of the Term, under or otherwise, then any discounts given by us on the basis that the relevant Services would continue until the end of the Term shall be refunded by you
Notices
Any notice to be given under these Conditions shall either be in writing addressed to the relevant party at its registered office or principal place of business or at such other address as may be notified to the other party from time to time or be in the form of an email addressed to us info@london4jobs.co.uk or to you at the address specified by you in the Service Agreement (or such other email address as may be supplied by each party to the other).
Notice shall be deemed to have been duly given or made as follows:
if personally delivered, upon delivery at the address of the relevant party;
if sent by first class post, seven days after the date of posting; and
if sent by air mail, five days after the date of posting, and
If sent by email within one hour of transmission if transmitted during working hours or 9 o’clock in the morning of the next working day.
General
You may not assign the benefit or the burdens of the Contract to any party.
If any provision of these Conditions shall be held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the Conditions and shall be deemed to be deleted from the Conditions and the validity of the remaining provisions shall not be affected. You agree that we shall substitute for any illegal, invalid or unenforceable provision a valid or enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
The Contract contains the entire an exclusive agreement and understanding between you and us on the subject matter contained herein and supersedes all prior agreements, understandings and arrangements relating thereto, save in the event of fraud. No representation, undertaking or promise shall be taken to have been given or implied from anything said or written in negotiations between the parties prior to this Contract except as may be expressly stated in this Contract.
We may at any time novate or assign the Contract.
No provision or term of the Contract shall be enforceable by any third party under the terms of the Contracts (Rights of Third Parties) Act 1999.
The terms of the Contract which are necessary for its enforcement shall survive any expiry or termination of the Contract.
Any failure or neglect by us to enforce any provisions of these Conditions shall not be construed as a waiver of our rights under these Conditions nor shall it prejudice our right to take subsequent action nor shall it affect the validity of any part of the Conditions.
The Contract (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to the Contract) shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the English courts.
