| 2. | LICENCE |
| 2.1 |
You are permitted to print and download extracts from this Web Site within the Field of Use on the following basis:
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| 2.1.1 | no documents or related graphics on this Web Site are modified in any way; |
| 2.1.2 | no graphics on this Website are used separately from accompanying text; and |
| 2.1.3 | the Company's copyright and trade mark notices and this permission notice appear in all copies. |
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| 2.2 |
Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Us or its licensors. For the purposes of this legal notice, any use of extracts from this Web Site other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Web Site automatically terminates and you must immediately destroy any downloaded or printed extracts from this Web Site.
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| 2.3 |
Subject to paragraph 2.1, no part of this Web Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
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| 2.4 |
Subject to paragraph 2.1, no part of this Web Site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company's prior written permission.
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| 3. | SERVICE ACCESS |
| 3.1 | We endeavour to ensure that this Website is normally available 24 hours a day, We will not be liable if for any reason this Web Site is unavailable at any time or for any period. |
| 3.2 | Access to this Web Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Our control. |
| 4. | VISITOR MATERIAL AND CONDUCT |
| 4.1 | Other than personally identifiable information, which is covered under the Privacy Policy, any other material you transmit or post to this Web site will, unless otherwise specified, be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. |
| 4.2 |
When you register as an user of this Web Site you will be asked to provide certain information including where you are an individual seeking employment ("Applicant") your email and home address, employment and education history and all other relevant employment information and where you are an entity seeking an employee ("Client") company and organisational information, contact and address details, employment, racial, sex and disability discrimination policy information, remuneration policies and any other relevant employer information ("Information"). In addition to the terms contained in the Privacy Policy, you understand and agree that We may disclose to relevant third parties whether they be Applicants or Clients (as appropriate) on an anonymous basis, certain information taken from the Information.
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| 4.3 |
We will not however, disclose any Information, from which you can be personally identified, to any third party without first obtaining your consent. Consent to disclosing this Information is deemed to have been given by you when you reply ( to that effect) to the e-mails we send to you informing you either that a Client is interested in viewing all of your Information, including information from which you can be personally identified or that an Applicant is interested in view all of the information regarding your organisation and vacancies (as applicable).
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| 4.4 |
You are prohibited from posting or transmitting to or from this Web Site any material:
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| 4.4.1 | that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; |
| 4.4.2 | for which you have not obtained all necessary licences and/or approvals; |
| 4.4.3 | which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world including but not limited to any copyright, trademark; trade secret or other intellectual property rights of others or privacy or other personal rights of any third party; or |
| 4.4.4 | which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); |
| 4.4.5 | which is incomplete, false or inaccurate personal information or information which is not your own accurate CV and which does not relate to You being either: |
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| 4.4.5.1 | a living individual seeking employment on a full time or part time basis for either a temporary or permanent position on his or her own behalf; or |
| 4.4.5.2 | being an organisation entity or other body looking to employ a living individual on a full or part time basis for either a temporary or permanent position. |
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| 4.4.6 | which relates to any franchise, club membership, agency or distribution schemes or any other business relationships which require the recruitment of other members, sub-distributors or sub-agents; |
| 4.4.7 | which would amount to and effectively be misuse of the Web Site in any way including, without limitation, by hacking or using the Web Site to promote matters other than those for which this Web Site is intended. This Web Site is intended to be used for lawful purposes only by individuals seeking employment or career information or by entities seeking employees as more specifically set out in clause 4.4.5.1 and 4.4.5.2. |
| 4.4.8 | which is effectively or may be considered unsolicited mail or e-mail or for making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to another user of this Web Site; |
| 4.4.9 | which deletes or revises any material posted by any other person or entity; |
| 4.4.10 | which by way of any device, software or otherwise interferes or attempts to interfere with the proper working of this Web Site or any activity being conducted on this Website; |
| 4.4.11 | which imposes an unreasonable or disproportionately large load on any of this Web Site's infrastructure or taking any action which would have the same or similar effect; |
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| 4.5 |
The Company will, as permitted by the Data Protection Legislation, fully co-operate with any law enforcement authorities, legal representatives seeking to enforce legal rights, or a court order requesting or directing the Company to disclose any information including but not limited to the identity of or locate anyone posting any material in breach of paragraphs 4.2 or 4.3.
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| 4.6 |
Each user is responsible for their own communications and for the consequences of their being made available on the Web Site. The Service provided by us under this Web Site to users is by way of an inactive channel through which users submit their Information and that Information is then distributed to other users who want to view it under and in accordance with the provisions of these Conditions ("Service").
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| 4.7 |
We reserves the right to:
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| 4.7.1 | exclude users from the Web Site and/or parts of it, |
| 4.7.2 | to removed information; and/or |
| 4.7.3 | to take any other actions it deems necessary, in respect of user submitted information where that information is in breach of these Conditions and/or which may cause or give rise to liability for Us or cause our business relationships to be adversely effected. |
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| 4.8 |
By submitting Information to this Web Site including on any message boards, forums contests chat rooms or otherwise, you grant Us and Our Affiliates a royalty free, perpetual irrevocable non-sublicense able, non-exclusive right (including any moral rights) and licence to use, reproduce, modify adapt publish translate create derivative works from, distribute communicate to the public, perform and display the content worldwide and/or to incorporate it in any works in any form, media or technology (now existing to be developed in the future) for the full term of any rights which may exist in such Information.
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| 5. | LINKS TO AND FROM OTHER WEBSITES |
| 5.1 | Links to third party websites on this Web Site are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. |
| 5.2 | You may create links to this website provided you have first entered into our Website linking licence. OR If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions: |
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| 5.2.1 | you do not remove, distort or otherwise alter the size or appearance of the Our Property Limited or JobsForEngineers.co.uk logo; |
| 5.2.2 | you do not create a frame or any other browser or border environment around this Website; |
| 5.2.3 | you do not in any way imply that the Company is endorsing any products or services other than its own; |
| 5.2.4 | you do not misrepresent your relationship with the Company nor present any other false information about the Company; |
| 5.2.5 | you do not otherwise use any of Our Property Limited or JobsForEngineers.co.uk trade marks displayed on this Website without express written permission from the Company; |
| 5.2.6 | you do not link from a website that is not owned by you; and |
| 5.2.7 | your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. |
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| 5.3 | The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate. |
| 5.4 | You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2. |
| 6. | REGISTRATION |
| 6.1 | Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network. |
| 6.2 | Responsibility for the security and confidentiality of any passwords issued rests with you. You shall be responsible for all uses of your registration whether or not authorised by you. You will notify the Company immediately that you become aware of any unauthorised use of your registration password. |
| 7. | PRICE AND PAYMENT |
| 7.1 | The Charge shall be as notified to you at the date of the transaction taking place and as specified on the Scale of Charges [make hyperlink to scale of charges]. A different rate, as specified on the Price List, will be raised depending on whether the position is temporary or permanent. |
| 7.2 | The Prices are exclusive of VAT for which you will be additionally liable. |
| 7.3 | We will not raise any charge to the Applicants for use of and/or registration upon this Web Site. We will raise a Charge to the Client for each time a position is posted and access to a new or redefined area of the Web Site is granted. |
| 7.4 | Our payment terms are payment upon access to certain areas in advance of such access being granted. No credit will be granted unless expressly agreed in writing in advance between the Company and the Client. |
| 7.5 | Payment shall not be deemed to be made until the Company has received either cash or cleared funds in respect of the full amount outstanding. The Client shall pay all sums due and/or owing to the Company under these Conditions without any set off deduction counterclaim or other withholding of monies. |
| 7.6 | If payment is not made when due the Company shall be entitled to exclude the relevant Client and any of its associated or affiliated companies or organisations from any or all parts of this Web Site immediately until payment in full of the amount outstanding. |
| 8. | DISCLAIMER |
| 8.1 | While we endeavour to ensure that the information on this Web Site, which is identified as being information posted by Us ("Material") is correct, We do not warrant the accuracy and completeness of the Material. We may make changes to the Material on this Web Site, or to the prices described in it, at any time without notice. The Material may be out of date, and We make no commitment to update the Material. |
| 8.2 | The Material on this Web Site is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide you with this Web Site on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Web Site. |
| 8.3 | We have no obligation to screen or monitor Information or communications posted by users in advance of them being posted or exchanged (as appropriate). |
| 9. | LIABILITY |
| 9.1 | The Company shall have not liability for any incorrect or misleading user submitted information posted on this Web Site. |
| 9.2 | The Company shall have no liability for matters outside of its reasonable control. |
| 9.3 | The Company shall have no liability to the extent that the customer is covered by a policy of insurance in respect of any losses which may be suffered. |
| 9.4 | The users shall be under a duty to mitigate any loss, damage costs and/or expenses that they may suffer. |
| 9.5 | The user shall where reasonable follow the complaints procedure and to give the Company a opportunity to remedy itself any matter for which the user claims the Company is liable and if the user does not do so the Company shall have no liability to the user. |
| 9.6 | The Company shall have no liability for any: |
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| 9.6.1 | consequential losses; |
| 9.6.2 | loss of profits and/or damage to goodwill or reputation; |
| 9.6.3 | economic and/o other similar losses; |
| 9.6.4 | special damages and indirect losses; and/or |
| 9.6.5 | business interruption, loss fo business, earnings, contracts opportunity and/or production, |
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| 9.7 | Each of the limitations and/or exclusions ion this Contract shall be deemed to be repeated and apply as a separate provision for each of: |
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| 9.7.1 Liability for breach of contract; |
| 9.7.2 Liability in tort |
| 9.7.3 Liability for breach of statutory duty; and |
| 9.7.4 Liability for breach of Common Law |
| except for clause 9.9 below which shall apply once only in respect of all of the said types of liability. |
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| 9.8 | Nothing in these Conditions shall exclude or limit the liability of the Company for death or personal injury due to its negligence or any liability which is due to the Company's fraud or any other liability which it is not permitted to exclude or limit as a matter of law. |
| 9.9 | The Company's total liability to any user or any other person or organisation (whether or not incorporated) shall not exceed £100 (one hundred pounds). |
| 9.10 | If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. |
| 9.11 | Each user agrees to indemnify and keep indemnified the Company against any and all losses, proceedings, lost profits, damages, awards, expenses, claims, cists, (including increased administration costs and legal costs on an indemnity basis), actions and any other losses and/or liabilities suffered by the Company and arising from or due to any breach of contract, any tortuous act and/or omissions, breach of statutory duty and or breach of common law by that user |
| 10. | USER DISPUTE RESOLUTION COMPLAINTS PROCEDURE |
| 10.1 | We would like to hear from our Applicants and Clients and welcome any comments you may have as users of this Service regarding your experience, suggestions for improvement, or complaints. |
| 10.2 | Please do not send to Us directly creative ideas or inventions or other material. If you do send us such material: |
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| 10.2.1 | The material shall be the property of the Company; |
| 10.2.2 | None of the material will be subject to any obligation of confidentiality; |
| 10.2.3 | We shall not be liable for any use or disclosure of such material. |
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| 10.3 | If you are not satisfied with your experience of using the Service provided by this Web Site then please write to [position] [department name][company name][address][insert all other contact details as usually appears on websites]. |
| 10.4 | Please that all correspondence states all of the relevant details about you and your complaint so that we may deal with your complaint in accordance with our Complaint Procedure. |
| 11. | GOVERNING LAW AND JURISDICTION |
| 11.1 | All third party rights are excluded and not third party shall have any right to enforce the contract made under these Conditions. This shall not apply to members of the Company's groups or an of its or their associated or affiliated companies or organisations or businesses who shall subject to the Company's consent have the right to enforce this contract as if it were the Company. Any rights of any third party to enforce this contract may be varied and/or extinguished between the parties to this contract without the consent of such third party. |
| 11.2 | These Conditions and the user of this Web Site shall be governed by and construed in accordance with English law. Disputes arising in connection with these Conditions and the use of this Web Site shall be subject to the non-exclusive jurisdiction of the English courts. |
Terms and Conditions
