» Terms & Conditions
General Terms and Conditions
This page states the general terms and conditions (the “General Terms and Conditions”) under which you may use jobaffair.co.uk (the “Web Site”) and affiliated web sites (the “Web Sites”). Please read this page carefully. If you do not accept the General Terms and Conditions stated here, do not use this Web Site and service. By using this Web Site, you are indicating your acceptance to be bound by the terms of these General Terms and Conditions. Job Affair Ltd and its affiliated companies may revise these General Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the General Terms and Conditions because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Web Site for any reason.
1. Use of Web Site Content
Job Affair Ltd authorises you to view and download a single copy of the material on the Web Site solely for your personal, noncommercial use. The contents of this Web Site and of all other websites under Job Affair's control whether partial or otherwise (the Web Site and such other websites are sometimes collectively referred to as “Job Affair Sites”) such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, “Web Site Content”), are protected under, European and other copyright, trademark and other laws. All Web Site Content is the property of Job Affair Ltd or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Job Affair Ltd and protected by copyright laws. Unauthorised use of the Web Site Content may violate copyright, trademark and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that Job Affair Ltd creates to generate any Web Site Content or the pages making up any Job Affair Ltd Site. It is also protected by Job Affair Ltd’s copyright.
2. Acceptable Site Use
General Rules: Users may not use the Web Site in order to display, transmit, distribute, store or destroy material including, without limitation, Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others or (c) that is, or may in our judgment be, defamatory, offensive, vulgar, obscene, harassing, threatening, abusive or hateful, racist, sexist, discriminatory, of a menacing character or cause annoyance, inconvenience, embarrassment or anxiety to any person. Users are prohibited from violating or attempting to violate the security of any Job Affair Ltd Site including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network including, without limitation, via means of submitting a virus to any Job Affair Ltd Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Job Affair Ltd will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
3. Specific Prohibited Uses
Job Affair Ltd Sites may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Job Affair Ltd specifically prohibits any use of any Job Affair Ltd Site, and all users agree not to use, or allow any party under their control to use, any Job Affair Ltd Site, for any of the following:
Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate CV (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
Posting of jobs and/or employment and/or advertising of job opportunities/employment information relating to the business of a recruitment agency and/or business.
Using the Job Affair Ltd CV database for any purpose other than as an employer seeking employees for specific live jobs including, but not limited to, using the information in the CV database to sell or promote any products or services or to source people to join a franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of a Job Affair Ltd Site.
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere with the proper working of any Job Affair Ltd Site or any activity being conducted on this Web Site.
Taking any action which imposes an unreasonable or disproportionately large load on any Job Affair Ltd Site's infrastructure.
If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose.
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism including, without limitation, browsers, spiders, robots, avatars or intelligent agents to navigate or search any Job Affair Ltd Site other than the search engine and search agents available from Job Affair Ltd on such Job Affair Ltd Site and other than generally available third party web browsers (e.g., Microsoft Internet Explorer, Mozilla Firefox).
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Job Affair Ltd Site.
Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from any Job Affair Ltd Site.
Framing of or linking to any of the Web Site Content or information available from any Job Affair Ltd Site.
Posting jobs which require the applicant to provide information relation to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
4. User Information
5. User Submissions
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using any Job Affair Ltd Site you agree not to, do the following things: post material that is copyrighted unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing, or which may cause annoyance, anxiety or inconvenience to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Job Affair Ltd does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Job Affair Ltd acts as a passive conduct for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these General Terms and Conditions, Job Affair Ltd may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Job Affair Ltd has no liability or responsibility to users for performance or nonperformance of such activities. Job Affair Ltd reserves the right to expel users and prevent their further access to the Web Site for violating the General Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive. Job Affair Ltd may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Job Affair Ltd or may cause Job Affair Ltd to lose (in whole or in part) the services of its ISPs or other suppliers. By submitting content to any public or non-public area of any Job Affair Ltd Site, including message boards, forums, contests and chat rooms, you grant Job Affair Ltd and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content. Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited. We appreciate hearing from our customers and welcome your comments regarding our services and the Job Affair Ltd Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively the "Submission"), the Submission shall be the property of Job Affair Ltd. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Job Affair Ltd shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
6. Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration whether or not authorised by you. You agree to immediately notify Job Affair Ltd of any unauthorised use of your registration or password.
7. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement
If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any Job Affair Ltd Site and is accessible on such Job Affair Ltd Site in a way that constitutes copyright or trademark infringement, please use the contact form on the Job Affair Ltd Web Site and send other information to us.
8. Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others
Job Affair Ltd respects the intellectual property of others and we ask our users, account holders and content partners to do the same. The unauthorised reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of this Web Site, you agree not to use the Web Site or any other Job Affair Ltd Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders and block access to our Web Site and/or the other Job Affair Ltd Sites of any users who repeatedly infringe the copyright or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice and without any liability to the account holder who is terminated or to the user whose access is blocked.
9. Job Affair Ltd's Liability
Job Affair Ltd Sites are only a venue. This Web Site acts as a venue for employers to post job opportunities and candidates to post CVs and does not screen or censor the listings offered. Job Affair Ltd is not involved in the actual transaction between employers and candidates. As a result, Job Affair Ltd has no control over the quality, safety or legality of the jobs or CVs posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site and/or the other Job Affair Ltd Sites. Because user authentication on the Internet is difficult, Job Affair Ltd cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on any Job Affair Ltd Site, in the event that you have a dispute with one or more users, you release Job Affair Ltd (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site and the other Job Affair Ltd Sites. By its very nature, other people's information may be offensive, harmful or inaccurate and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using this Web Site and/or the other Job Affair Ltd Sites. The Web Site Content may contain inaccuracies or typographical errors. Job Affair Ltd makes no representations about the accuracy, reliability, completeness or timeliness of the Web Site or the Web Site Content. The use of the Web Site and the Web Site Content is at your own risk. Changes are periodically made to Job Affair Ltd Sites and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any CV or material contained therein placed by you on the Job Affair Ltd Sites. Employers are solely responsible for their postings on the Job Affair Ltd Sites. Job Affair Ltd is not to be considered to be an employer with respect to your use of Job Affair Ltd Sites and Job Affair Ltd shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any Job Affair Ltd Site. JOB AFFAIR LTD DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY JOB AFFAIR LTD SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JOB AFFAIR LTD IS NOT RESPONSIBLE FOR THOSE COSTS. THE JOB AFFAIR LTD SITES AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. JOB AFFAIR LTD, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO OUR SERVICES OR ANY JOB AFFAIR LTD SITE OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS THEREOF. JOB AFFAIR LTD MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, WEB SITE, WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.
10. Disclaimer of Consequential Damages
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JOB AFFAIR LTD, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON ANY JOB AFFAIR LTD SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY JOB AFFAIR LTD SITE AND THE WEB SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOB AFFAIR LTD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Links to Other Sites
The Web Site and certain other Job Affair Ltd Sites contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Job Affair Ltd of the contents on such third-party web sites. Job Affair Ltd is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.
12. No Resale or Unauthorised Commercial Use
You agree not to resell or assign your rights or obligations under these General Term and Conditions. You also agree not to make any unauthorised commercial use of any Job Affair Ltd Site.
13. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, THE COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY JOB AFFAIR LTD SITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED £100.
Job Affair Ltd reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and other Job Affair Ltd Sites and/or immediate termination of your registration with or ability to access the Web Site and other Job Affair Ltd Sites and/or any other service provided to you by Job Affair Ltd, upon any breach by you of these General Terms and Conditions or the terms and conditions of any Job Affair Ltd Site or if Job Affair Ltd is unable to verify or authenticate any information you submit to the Web Site registration or other Job Affair Ltd Site registration.
You agree to defend, indemnify and hold harmless Job Affair Ltd, its officers, directors, employees and agents from and against any claims, actions or demands including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) any material you provide to a Job Affair Ltd Site, (ii) any Web Site Content that you use or (iii) your breach of the terms of these Terms and Conditions. Job Affair Ltd shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Thank you for using Job Affair Ltd.
Employer Terms and Conditions
This page states the terms and conditions (the “Employer Terms and Conditions”) under which you may use jobaffair.co.uk and its affiliate web sites (the “Web Site” or “Web Sites”). Please read this page carefully. If you do not accept the Employer Terms and Conditions stated here, do not use this Web Site and service. By using this Web Site, you are indicating your acceptance to be bound by the terms of these Employer Terms and Conditions. Job Affair Ltd and its affiliated companies (“Web Sites”) may revise these Employer Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Employer Terms and Conditions because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Web Site for any reason.
The supply of the products and services specified on the Agreement Form attached to these terms and conditions (“conditions”) by us to you is subject to these conditions. The term of this Agreement (the “Term”) will commence on the date you agree to this Agreement (the “Effective Date”), and will expire upon the earlier of (i) the expiration of one year from the Effective Date, or (ii) the expiration of the latest period of the product(s) being purchased by you. Any references to “we” or “us” or “our” are references to Job Affair Limited (incorporated in England and Wales with company number 6436894) or our successors or assigns. Any references to “you” or “your” are references to the company/business named on the Agreement Form. Any reference to the “Agreement” is a reference to the Agreement Form, these conditions and any Specification.
3. YOUR INFORMATION
We will respect your information and undertake to comply with all applicable UK data protection legislation currently in force. Other than as required by law or as permitted by these conditions, we will not disclose your registration as a user to any third party without your permission. In order to maintain the integrity of the Site, we reserve the right to forward contact details to any regulatory authorities when requested to do so including the police. We may also forward contact details where a complaint arises concerning your use of the Site and where that use is deemed to be inconsistent with these conditions.
4. INTELLECTUAL PROPERTY RIGHTS
5. OUR OBLIGATION TO YOU
We will use our reasonable endeavours to maintain the Site in a fully operating condition and error free. We shall have no liability for any failures in you accessing the Site caused by any software utilised by you when inputting any posting information.
6. YOUR OBLIGATIONS TO US
You agree to maintain the confidentiality of the price(s) agreed between us pursuant to this Agreement and to keep any negotiations or other information connected therewith or otherwise related to this Agreement in strict confidence and not to disclose such information to any third party. You agree that the disclosure or use of such confidential information by you in violation of the provisions of this condition would cause irreparable injury to us therefore in such event we, in addition to any other remedies we may have, will be entitled to injunctive relief.
8. LIMITATION OF LIABILITY
Nothing in these conditions shall limit either our or your liability for personal injury or death caused respectively by our or your negligence. Subject to this condition, we shall not be liable to you or to any third party for any lost profits, any loss of business, any cost of replacement services or indirect, consequential, incidental or special losses or damages of any kind or nature whatsoever, howsoever caused, and your exclusive remedy for any claim, loss or damages in any way related to any services provided or anticipated to be provided under these conditions shall be limited to the aggregate value of any services purchased from us. Nothing contained in this condition shall prevent either party from seeking injunctive relief. To the extent permitted by law, we make no warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose or non-infringement with respect to our services or any web site or the functionality, performance or results of use thereof.
9. SUSPENSION AND TERMINATION
We reserve the right to suspend the services offered to you by us and/or all passwords and other access codes if we have reasonable cause to suspect that you are breach of any of these conditions. Your right to continue to use the Site and/or any Web Site and this Agreement will terminate immediately on written notice from us if you fail to comply with any of these conditions; or you become insolvent or bankrupt or we receive an unsatisfactory credit check against you at any point; or we terminate any other agreement with you following your breach of that agreement. In such an event, we will be entitled to accelerate all amounts due hereunder and to collect all costs and legal expenses incurred. The terms of this Agreement which are necessary for its enforcement shall survive any expiration or termination of this Agreement. Upon any termination or expiration of this Agreement, all licenses and rights granted to either party hereunder by the other party shall immediately terminate as will all access granted by us to you in relation to any website.
10. PAYMENT TERMS
You agree to pay us the charges set out on the Employers page of our Web Sites. All charges are subject to VAT at the prevailing rate and are payable to us in full and in cleared funds immediately upon acceptance of the charges. You are also responsible for the payment of any other present or future sales, use, excise or other similar tax (excluding taxes based on our net income) applicable to the services. In the event that you overpay any invoice, you must request repayment within 6 months of the date of the overpayment. Any date related job credits must be used before the expiry date. NO refunds will be credited to your account for failure, on your part, to post allotted jobs within allotted times. In addition, you shall be liable for any collection or enforcement costs of collection in the event of late payment. We may assign to a third party the right to collect and receive payment. We may carry out a credit check against you from time to time. You authorise us to obtain trade and bank references, credit information relating to you from external credit reporting sources, consumer credit agencies and other credit sources as may be necessary and you agree to provide such credit information as we may reasonably require. We reserve the right to refuse to extend any credit to you and to require prepayment from you before providing any services. We may set off any amount received by us from you against any amount which is due and payable under this Agreement.
Failure or neglect by us to enforce at any time any of the provisions of these conditions shall not be construed nor shall be deemed to be a waiver of our rights under these conditions nor shall in any way affect the validity of the whole or any part of these conditions nor shall it prejudice our rights to take subsequent action. In the event that any of the provisions of these conditions shall be determined by an competent authority to be invalid, unlawful or unenforceable to any extent, such provision shall to that extent be severed from the remaining provisions which shall continue to be valid to the fullest extent permitted by law. This Agreement (i) constitutes the entire agreement between us with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto as well as any purchase orders not supplied by us that have been or may from time to time be submitted by you, (ii) may be signed in counterparts, (iii) may not be amended, terminated or waived orally and (iv) may not be assigned or resold by you, in whole or in part, directly or indirectly, by operation of law, merger, asset or stock sale or transfer or otherwise. All notices given hereunder will be given by first class mail, by hand or overnight courier to the respective address set out in this Agreement and will be deemed given upon actual delivery thereof. The headings used herein are for ease of reference only and will not be used to construe or interpret the provisions of this Agreement. No term of this Agreement is enforceable by any person who is not a party to it.
12. FORCE MAJEURE
We shall not be liable to you in respect of anything that may constitute breach of this Agreement arising by reason of force majeure, namely circumstances beyond our control which shall include, but shall not be limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, telecommunications and utilities failure, riot, civil commotion or civil authority, including acts of local government and parliamentary authority, breakdown of plant or machinery or software or death of royalty.
13. APPLICABLE LAW AND JURISDICTION
The laws of England and Wales shall govern these conditions and your use of the Site and the parties hereby submit to the exclusive jurisdiction of the English courts.
You agree that any and all postings that you display on the Site will relate to specific live job positions and that no postings displayed on the Site will be stock or generic job descriptions. In addition, you agree job postings posted by you will not contain a hyperlink to any website which contains material which is defamatory, offensive or obscene or of a menacing character or which may, in our judgment, cause annoyance or inconvenience or anxiety to any person including, without limitation, any racist, sexist, harassing, threatening, discriminatory, vulgar or abusive material, opinions or messages. Furthermore, you agree that if you include such a link or display any stock or generic job descriptions on the Site, we shall be entitled immediately and at our sole discretion to remove any and/or all of your links and/or job postings whether they are specified or generic in nature without us incurring any liability to you whatsoever and accordingly you acknowledge that you will have no claim against us in connection with any loss suffered by you in such circumstances. We shall also be entitled to terminate this Agreement if you display such postings whereupon any amount outstanding in relation to the full value of the services and products purchased pursuant to this Agreement will become payable immediately. All job postings purchased hereunder have a scheduled run for a 7 day duration except as otherwise provided on the Agreement Form and must be posted during the Term after which all job postings purchased hereunder expire. Notwithstanding anything to the contrary contained herein, unlimited job posting packages are not permitted and any agreement or statement (written or oral) with respect to unlimited job postings made in this Agreement or otherwise will be void and of no force or effect. Any jobs posted by you on the Site in excess of the number of jobs provided for in this Agreement will be billed to you and will be payable by you in accordance with the terms hereof at our then prevailing rate for such job postings. Any re-activation of a deleted or expired job posting, refreshing or renewing of any job posting, change in the job board where a job has been posted, change in the reference code of a job or change in location where a job is based (including a change of City/Town) constitutes use of an additional job posting hereunder. Subject to clause 18, we will not monitor or edit the contents of your postings on the Site unless required to do so by law (in particular laws relating to defamation, harassment, discrimination or obscenity) or in the good faith belief that such action is necessary to comply with legal process served on us; protect and defend our right to properties; act under exigent circumstances to protect the personal safety of our users or the public; carry out necessary maintenance or improvements to the posting service; or make it clear that any posting which you display on the Site and which is in relation to a business opportunity (and not for a specific live job position) is such a business opportunity.
15. CV ACCESS
The Site’s CV database (the “CV Database”) is a private database for use by licensed members only. Each CV Database access license allows a single user to access the CV Database using one unique password in accordance with the terms of the specific CV access package chosen (each a “CV Access Package”). CV Access Packages provide access to the CV Database according to the maximum number of CV views, the geographic segment(s) of the CV Database accessible by a licensed user and the period of time access is permitted to the CV Database (“Access Period”). A CV view occurs in a number of instances including any viewing of a CV as a result of the selection of a CV title from the search results page or the selection of an individual or multiple CVs and the subsequent addition to a folder. A view will be charged for when viewing a CV associated to a note where the CV has not been added to a folder but the CV title has been selected from the CV notes page. Additionally, CV views are not distinct; once a CV has been viewed, each successive selection of the CV title from the search results page will constitute an additional viewing. If you (including any of your employees or consultants) are found to share passwords with any non-licensed users, such sharing will be a breach of this Agreement. For purposes of this Agreement, recruitment agencies, staffing agencies, advertising agencies and all other agencies (other than you, if applicable) cannot be licensed users. You agree to notify us promptly after the departure of any person to whom a password was provided and we reserve the right to cancel such password and issue a new password in lieu thereof. We reserve the right periodically to change issued passwords. In the event that you purchase a CV Access Package hereunder with an Access Period that extends beyond the Term these conditions will apply to the CV Access Package until the expiration of this Agreement and thereafter, the CV Access Package will be subject to a new agreement to be executed by us both and effective as of the day after the date of expiration of this Agreement. In the event we do not execute a new agreement with respect to a CV Access Package purchased hereunder with an Access Period that extends beyond the Term, the Access Period of such CV Access Package will be coterminous with this Agreement. You agree that you will use the CV database to search for Job Seekers for specific live jobs and will not offer them any other services. If we receive any complaints from Job Seekers or otherwise become aware that any Job Seeker has been offered any other services, apart from specific live jobs, we reserve the right to terminate this Agreement without us incurring any liability to you whatsoever and accordingly you acknowledge that you will have no claim against us in connection with any loss suffered by you in such circumstances. We shall also be entitled to terminate this Agreement if you offer such services whereupon any amount outstanding in relation to the full value of the services and products purchased pursuant to this Agreement will become payable immediately.
Positioning of advertisements is within our sole discretion. You acknowledge that we have made no guarantees with respect to usage statistics or levels of impressions for any advertisement. You will provide all materials for the advertisement in accordance with our policies in effect from time to time. All contents of advertisements are subject to our approval. We reserve the right in our sole discretion to reject or cancel any advertisement, space reservation or position commitment at any time. In addition, we may reject any URL link embodied within any advertisement and reserve the right to reject or terminate the display of an advertisement if it fails to conform to applicable laws and regulations, our policies or the public interest. We may reject or remove an advertisement for an advertised website which is not functional or which we deem unsuitable for linking to the Site. If we fail to publish an advertisement agreed pursuant to this Agreement (or in the event of any other failure, technical or otherwise, of such advertisement to appear), including any failure to deliver an agreed number of impressions within a particular time-frame, our liability to you will be limited to, at our option, either a refund of the advertising portion of the fee relating thereto or placement of the advertisement at a later time in a comparable position.