EmployersJobs
Terms and Conditions of Use for Jobseekers (“Jobseekers’ Conditions”)
1.
Definitions
In these
Jobseekers’ Conditions forming a contract by and between Employers Jobs LTD, a
private limited company which has its registered office at Moncrieff House, 10
Moncrieff Street, Paisley PA1 3QS, UK (“EmployersJobs”), and the prospective
employee (the “Jobseeker”) utilising this jobs board portal (“Site”):
1.1.
references to any statute or statutory provision shall,
unless the context otherwise requires, be construed as a reference to that
statute or statutory provision as from time-to-time amended, consolidated,
modified, extended, re-enacted or replaced; and
1.2.
words importing persons include individuals bodies corporate
and unincorporated; and
1.3.
no variation or alteration to these Jobseekers’ Conditions
or any representations about services shall have any effect unless expressly
agreed and confirmed in writing by a director of EmployersJobs.
2.
Services Generally
2.1.
EmployersJobs can offer a broad range of services to
Jobseekers and the Jobseeker should choose the services required from the Site.
2.2.
EmployersJobs shall be entitled at any time without
notifying the Jobseeker to make changes to any services which are necessary to
comply with any applicable security or statutory requirements and EmployersJobs
shall determine the manner in which the services are provided.
2.3.
Any and all intellectual property, ideas, concepts, know-how
or techniques developed by EmployersJobs or obtained during the execution of
services will be owned exclusively by EmployersJobs.
2.4.
EmployersJobs shall provide the services selected by the Jobseeker
as soon as practicable after receipt of a request from the Jobseeker and until
the Jobseeker notifies EmployersJobs that the services are no longer required,
subject to the provisions of these Jobseekers’ Conditions.
2.5.
EmployersJobs shall not be responsible for any failure to
provide any services, or the unavailability of the Site, as a result of
circumstances beyond its reasonable control, notwithstanding that the Jobseeker
accepts that it shall still be responsible for payment of fees in such circumstances.
2.6.
The Jobseeker agrees and accepts that:
2.6.1.
EmployersJobs shall not be liable for any failure to provide
any services (or any part thereof) as a result of the Jobseeker’s failure to
comply with these Jobseekers’ Conditions;
2.6.2.
if any quota of services which are to be used within any
period of time are not used within that period of time then in each case the
Jobseeker shall still be responsible for full payment of the relevant fees as
if such services had been properly and fully provided (and for the avoidance of
doubt, EmployersJobs shall not be liable for providing any unused services and
such services may not be carried over to any subsequent period).
3.
Processing
of Information
3.1.
Personal Data
3.1.1.
When a Jobseeker registers on the Site
EmployersJobs needs to know a number of personal details including name, postal address, e-mail
address, date of birth and telephone number and job related information such as
dates of availability for work, job location preferences, salary expectations
and preferred work types. More specific information will
also be required such as the skills that the Jobseeker has that would be
applicable to the kind of job sought and Jobseekers may be asked to provide CVs
in electronic format.
3.1.2.
EmployersJobs gathers information to allow it to
process Jobseekers’ registrations via the Site. Jobseekers’ information will then be matched with the
requirements of potential employers.
EmployersJobs may also use aggregated information and statistics for the purposes of
monitoring Site usage in order to help develop the Site and services and may
provide such aggregated information (which will not include information that
can be used to identify any individual) to third parties.
3.1.3.
EmployersJobs regards Jobseekers’ personal data as important
information and as a jobs board portal EmployersJobs extends as much control as
possible to allow the Jobseeker to control who can view this data and the
extent to which key details are accessible.
The Site has security measures in place to protect the loss, misuse,
destruction and alteration of information.
However, the Jobseeker accepts that whenever it releases personal data
online that information can be collected and used by people that the Jobseeker
may not know. While EmployersJobs makes all reasonable commercial efforts to
protect Jobseekers’ personal data, it cannot guarantee the security of any
information online. EmployersJobs shall not be liable in respect of (and
disclaims all liability in relation to) personal data or any other information
submitted to an area of the Site designated as (or expected to be) a private,
or limited access area of the Site which becomes available to persons other
than the Jobseeker. Similarly,
EmployersJobs shall not be liable in respect of (and disclaims all liability in
relation to) any non-availability of personal data submitted to an area of the
Site designated as a public area of the Site or other areas of the Site where
users other than the Jobseeker may gain access to such data.
3.1.4.
Owing to the global nature of the Internet
infrastructure, the information provided by Jobseekers may be transferred to
countries outside the European Economic Area that do not have similar
protections in place regarding data and its use.
3.1.5 If any of the
information provided by the Jobseeker toEmployersJobs changes (for example e-mail address) the Jobseeker
will inform EmployersJobs of the correct details by amending the relevant details on Jobseekers’ my ej-home page on the
Site.
3.1.6 By submitting
information the Jobseeker consents to the use of that information as set out in
these Jobseekers’ Conditions.
3.2.
Information provided
3.2.1.
EmployersJobs and/or its agents and/or
sub-contractors may contact Jobseekers by post, e-mail or telephone to ask for
feedback and comments on EmployersJobs services.
3.2.2.
EmployersJobs may wish to provide Jobseekers
with information about special features on the Site and/or any other services
or products which may be of interest.
If you would rather not receive this information, please send a blank
e-mail message to unsubscribe@employersjobs.com
3.3.
Removal of Information
3.3.1.
EmployersJobs has the right at its sole discretion to
decline to publish, or omit, suspend, remove or change the position of any
information whatsoever on the Site for any reason without notice and may
suspend any services if EmployersJobs considers in its absolute discretion that
providing any such services many incur a legal liability for the Jobseeker,
other jobseekers or employers, a third party and/or EmployersJobs and
EmployersJobs may refuse, withdraw, or require to be amended any material,
which is illegal, immoral, obscene, offensive or otherwise prejudicial to the
interests of EmployersJobs or other users of the Site or so as to comply with
the legal or moral obligations placed upon EmployersJobs or other users of the
Site or to avoid infringing a third party's rights or any statutory or
regulatory requirements.
4.
CVs
4.1.
EmployersJobs will make available or supply to its employer
Jobseekers copies of curriculum vitae (“CVs”) which have been received by it
from Jobseekers for such purposes.
4.2.
EmployersJobs may, at its discretion and without notice,
report improper or illegal use of services
by the Jobseeker to the relevant legal and/or professional bodies at any time
including but not limited to the Department of Employment, the Office of the
Information Commissioner, and any other governmental or legal other
administrative or judicial body or authority in any relevant jurisdiction.
5.
Application Forms
5.1.
If services include a request for Jobseekers to fill out an application form then the Jobseeker
agrees to ensure that its completed application form(s) and/or its responses
are not offensive, illegal, obscene or indecent, or capable of being resolved
into obscene or indecent images or material, nor defamatory, threatening, or
racially, ethnically or otherwise objectionable, nor designed or likely to
cause annoyance, inconvenience, unwanted attention or needless anxiety to any
person, nor infringing the rights (including, without limitation, the
intellectual property rights) of another person.
5.2.
Any application form(s)/response(s) placed on the Site may
be removed in accordance with Clause 3.3.1.
6.
Jobseekers’ Obligations
6.1.
The information submitted by the Jobseeker to be used by
employers and/or on the Site generally is solely the Jobseeker’s
responsibility, and is submitted with its full knowledge and acceptance that
the Internet is not a secure medium. EmployersJobs is not responsible for drafting
any text, framing application forms, responses and language, or any other
Jobseeker communications on the Site and merely provides the electronic means
to enable employers and Jobseekers to connect with one another. EmployersJobs
does not process any of the data transmitted by and between employers and
Jobseekers, in completed application forms or otherwise, and accepts no
liability whatsoever for the contents or impact of the same, and is not
involved in any actual transactions by and between employers and
Jobseekers. At the Jobseeker’s request,
assistance may be offered to the Jobseeker provided that EmployersJobs reserves
the right to charge an hourly rate as agreed by and between the parties, and
the Jobseeker agrees, acknowledges and accepts by indicating its acquiescence
to the Jobseekers’ Conditions that EmployersJobs provides services as a mere
conduit for communications between employers and Jobseekers and a venue where
opportunities can collide.
6.2.
The Jobseeker hereby undertakes and warrants to
EmployersJobs that:
6.2.1.
the Jobseeker is not a recruitment agency, head hunter,
personnel placement agency nor similar and under no circumstances shall the
Jobseeker allow such users access to the Site, whether by disclosure of
password or otherwise;
6.2.2 the reproduction and/or publication of
any information supplied by the Jobseeker by EmployersJobs as originally
submitted will not breach any third party agreement or infringe or violate any
right of any person or render EmployersJobs liable to any proceedings
whatsoever and the Jobseeker indemnifies EmployersJobs against all indirect
and/or direct costs, claims, damages, loss, expenses and liabilities suffered
or incurred by EmployersJobs as a result of this undertaking and warranty being
breached;
6.2.3 any information supplied by the
Jobseeker to EmployersJobs is accurate, complete and true;
6.2.4 in respect of any material that contains
the name or pictorial representation (photographic or otherwise) of any living
person and/or any part of any living person and/or any data by which any living
person is or can be identified, the Jobseeker has obtained the authority of
such living person to make use of such name, representation and/or data;
6.2.5 all material supplied by the Jobseeker
to EmployersJobs is legal, decent, honest and truthful and complies with all
applicable laws, rules, regulations and codes relating to the same as may be
appropriate;
6.2.6 no material supplied by the Jobseeker to
EmployersJobs contains any data, image or other material that:
(a) is
offensive, obscene or indecent;
(b) is
defamatory, threatening, or racially, ethnically, or otherwise objectionable;
(c) is
designed or likely to cause annoyance, inconvenience, unwanted attention or
needless anxiety to any other person;
(d) infringes
the rights (including, without limitation, the intellectual property rights) of
another person;
(e) is
designed or likely to cause disruption to any computer system or to any
network; and/or
(f) is
illegal or designed or likely to induce an illegal act.
6.5 The
Jobseeker acknowledges that:
6.5.1 EmployersJobs may accept instructions
from any of the following persons:
(a) any
person to whom the Jobseeker provides passwords or who the Jobseeker allows to
make use of any services;
(b) legally
authorised proxy, personnel, or other representative(s) of the Jobseeker
identified in writing by the Jobseeker as constituting the same;
6.5.2 it will procure that it and any
authorised proxy, personnel, or other of its legal representatives keep
confidential and do not disclose to any person any passwords used by them in
relation to any services;
6.5.3 the Jobseeker will be responsible for
all use and misuse of all passwords and shall be responsible for all acts and
omissions of any person using passwords as if they were acts or omissions of
the Jobseeker;
6.5.4 EmployersJobs shall not be responsible
for any breach of these Jobseekers’ Conditions, any delay in performance of any
services, and/or defect or error in any services which arises as a result of
EmployersJobs accepting instructions from the Jobseeker or any
Jobseeker-authorised or apparently Jobseeker-authorised person/third party
using such passwords.
6.6 The
Jobseeker
shall:
6.6.1 abide by
any and all applicable rules, regulations, legislation,
codes, laws, and or governmental authority in any jurisdiction that may be
relevant to its activities in relation to these Jobseekers’ Conditions or
otherwise;
6.6.2 supply CVs pursuant to these Jobseekers’
Conditions for the sole purpose of endeavouring to locate suitable employment;
6.6.3 not submit, copy, supply, re-sell,
distribute or make available in any way any information received from
EmployersJobs to any person not legally a party to these Jobseekers’
Conditions, and the Jobseeker warrants that submitting CVs this shall be with
an intent to seek work with the assistance of the EmployersJobs jobs board
portal Site;
6.6.4 be responsible for selecting suitable
employment and satisfying itself as to the suitability and availability of any
particular position.
6.6.5 not misuse information contained
on or obtained via the Site; and
6.6.6 indemnify EmployersJobs against all
indirect and/or direct costs, claims, damages, loss, expenses and liabilities
incurred by EmployersJobs arising out of any breach of this Clause 0.
7.
Liability
7.1.
EmployersJobs will not be liable (whether in contract or
tort) for:
7.1.1.
any loss of CVs or other materials that the Jobseeker
supplies to EmployersJobs and the Jobseeker shall be responsible for retaining
in its possession sufficient quality and quantity of such CVs and/or other
materials for whatsoever purposes it may require;
7.1.2.
any mistakes or errors whatsoever that arise during the
course of publication of any material or any loss of information or data or any
damage thereto;
7.1.3.
any direct and/or indirect loss of profit, loss of revenue
or contracts, or any other direct or indirect, special, economic or
consequential loss (whether caused by the negligence of EmployersJobs, its
employees or agents) or otherwise;
7.1.4.
any direct and/or indirect delay, costs, expense, loss
(including loss of profit), damage or liability (including without limitation
as a result of any hardware failure, provision or use of software, virus,
deletion, corruption, loss or removal of data) howsoever caused;
7.1.5.
any direct and/or indirect loss or damage whatsoever
(including loss of profits) howsoever caused arising out of the negligence,
dishonesty, misconduct, breach of faith, incompetence, lack of, suitability of
or the wrongful disclosure of confidential information by any employer or other
jobseeker;
7.1.6.
costs incurred in asserting any aspect of these Jobseekers’
Conditions against the Jobseeker (including, without limitation, legal fees and
disbursements reasonably incurred by EmployersJobs);
7.1.7.
any loss, injury, claim, liability, or damage of any kind
resulting from, arising out of or any way related to (a) any errors in or
omissions in the Site; (b) any content on the Site; (c) the unavailability of
the Site, or any part thereof; (d) use of the Site or the content; or (e) the
Jobseeker’s use of any equipment or software in connection with the Site;
and/or
7.1.8.
for any special, direct, indirect, incidental, punitive or
consequential damages of any kind whatsoever (including, without limitation,
lawyers’ fees) in any way due to, resulting from, or arising in connection with
the use of or inability to use the Site.
7.2.
In no event shall EmployersJobs’ liability to the Jobseeker
under or in relation to these Jobseekers’ Conditions (whether in contract or
tort) exceed the amount of fees received by EmployersJobs from the Jobseeker
within the calendar year prior to the relevant liability arising.
7.3.
Nothing in these Jobseekers’ Conditions will restrict or
exclude EmployersJobs' liability for death or personal injury caused by its own
negligence.
7.4.
The Jobseeker agrees and acknowledges that, save as
expressly provided in these Jobseekers’ Conditions, no condition, warranty or
representation of any kind is, has been, or will be, given by or on behalf of
EmployersJobs in respect of or in connection with the services and accordingly
the Jobseeker confirms that it has not, in agreeing to these Jobseekers’
Conditions, relied upon any condition, warranty or representation by
EmployersJobs or any person on its behalf, express or implied, whether arising
by law or otherwise, in relation to or in connection with any services. The
benefit of any such condition, warranty or representation by EmployersJobs is
hereby irrevocably and unconditionally waived by the Jobseeker.
8.
Term and
Termination
8.1.
This Agreement shall continue indefinitely unless terminated
by the Jobseeker or EmployersJobs giving no less than one (1) month’s written
notice.
8.2.
Either party may, at its sole discretion, terminate the
agreement that the acceptance of these Jobseekers’ Conditions constitutes at
any time by notice in writing to the other party (the "Defaulting
Party") if:
8.2.1.
the Defaulting Party fails to pay to the other party any
amount when due; or
8.2.2.
if the Defaulting Party is in breach of these Jobseekers’
Conditions and fails to remedy such breach within fourteen (14) days of notice
from the other party requiring it to be remedied.
8.3.
Upon termination of the agreement between EmployersJobs and
the Jobseeker the provision of any services may be immediately ceased and the
full amount of any fees owing to EmployersJobs by the Jobseeker in respect of
any services, whether or not provided, shall become payable with immediate
effect.
8.4.
Within three calendar months of receipt of a request by the
Jobseeker, EmployersJobs will, to the extent practically and technically
possible without disrupting services to other users of the Site, remove from
the Site the information that the Jobseeker requests should be removed by
EmployersJobs and which the Jobseeker is unable to remove without assistance
from EmployersJobs.
8.5.
The Jobseeker shall be responsible for all reasonable direct
and/or indirect costs, claims, damages, loss,
expenses and liabilities incurred by EmployersJobs arising out of the
Jobseeker's breach of its obligations under these Jobseekers’ Conditions
(including, without limitation, on a solicitor and own client basis, any legal
fees and disbursements reasonably incurred by EmployersJobs).
9.
General
9.1 All
notices to the Jobseeker shall be made to the email address submitted to the
Site, and notice to Employersjobs shall be made to notices@employersjobs.com.
9.2 The
Jobseeker shall not be entitled to assign its agreement with EmployersJobs nor
any or all of its rights and obligations hereunder without prior written
consent of EmployersJobs which can be withheld without cause.
9.3 If any
provision of these Jobseekers’ Conditions shall be invalid or unenforceable, it
shall not affect any other provision, which shall remain in full force and
effect.
9.4 These
Jobseekers’ Conditions, together with the details of services and fees set out
on the Site, constitute the entire agreement between the Jobseeker and
EmployersJobs in respect of any services that are provided by EmployersJobs to
the Jobseeker after the date on which these Jobseekers’ Conditions were posted
on the Site.
9.5 Any
waiver by EmployersJobs of any breach of, or any default under, any provision
of these Jobseekers’ Conditions by the Jobseeker will not be deemed to be a
waiver of any subsequent breach or default and will in no way affect the other
terms and Jobseekers’ Conditions.
9.6 Failure
or delay by EmployersJobs in enforcing or partially enforcing any provision of
these Jobseekers’ Conditions will not be construed as a waiver of any of its
rights under these Jobseekers’ Conditions.
9.7 The
parties to these Jobseekers’ Conditions do not intend that any term hereof will
be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by
any person that is not a party to it.
9.8 EmployersJobs
shall not be liable for any breach or act or omission transpiring by reason of
a force majeure event, including but not limited to natural disasters,
industrial disputes, civil disruptions, sabotage, explosions, accidents,
telecommunications and utilities failures, software or systems malfunction,
terrorists acts, and governmental acts.
9.9 EmployersJobs reserves the right to change any part of
these Jobseekers’ Conditions and if it exercises the right to do so it will
post the changes on the Site and send an email to the email address supplied by
the Jobseeker. Continued use of the
services after changes have been posted on the Site and/or notified by email
will signify the Jobseeker’s agreement to any such changes.
10. Law
10.1.
These Jobseekers’ Conditions and any contract into which
these Jobseekers’ Conditions are incorporated shall be governed by and
construed in accordance with the laws of England and Wales and the parties submit
to the exclusive jurisdiction of English courts.
THIS VERSION OF JOBSEEKERS’
CONDITIONS REPLACES ANY AND ALL PREVIOUS TERMS AND JOBSEEKERS’ CONDITIONS, and
constitutes version 2.0 dated 25th July 2006.