Terms & Conditions1. DEFINITIONS
In these Terms and Conditions, the following terms shall mean:-
1.1 “Candidate’s Details” means information and amendments thereto submitted by a Candidate which may be held by Clearly Jobs Limited (hereafter Clearly) either the whole or excerpts of which may be made available on the Website.
1.2 “Associated Company” means any company which at the relevant time is:
(a) a holding company of Clearly; or
(b) a subsidiary or subsidiary undertaking of Clearly; or
(c) a subsidiary or subsidiary undertaking (other than Clearly itself) of any such holding company,
the expressions “holding company”, “subsidiary” and “subsidiary undertaking” having the same meanings given to them by the Companies Act 1985.
1.3 “Service” means the service of holding or placing the Candidate's details online on the Website and allowing third parties access to view and extract such details.
1.4 “Website” means clearlysalesjobs.co.uk and any other website published by Clearly.
2. THE AGREEMENT
2.1 Subject to the other terms of this Agreement, in consideration of the Candidate abiding by the terms of this Agreement and subject to the effects of the failure or interruption of services provided by third parties, Clearly agrees to use its reasonable endeavours to provide the Service.
2.2 Clearly may refuse to include the whole or any part of the Candidate’s Details on the Website if Clearly deems it to be offensive, inappropriate, inaccurate or untrue.
2.3 Clearly may remove the Candidate's Details at its own discretion at any time from the Website.
2.5 Security measures Clearly has implemented security policies, rules and technical measures to protect the personal data that it has under its control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss but Clearly cannot guarantee that such policies, rules and measures will be effective.
2.6 Access to information The Candidate may ask Clearly for details of any personal information it is storing about the Candidate by emailing Clearly at firstname.lastname@example.org and, if the Candidate wishes [and upon payment of a fee of £10], Clearly will provide the Candidate with a copy of personal data held about the Candidate by email. Clearly may ask for proof of the Candidate's identity before providing any such information and reserves the right to refuse to provide information requested if identity is not established. Clearly Jobs Limited is registered on the Data Protection Register: number Z1345142.
2.7 Password The Candidate will choose a password which will enable him/her to access the Website and amend the Candidate's Details. The password will be exclusive to the Candidate and the Candidate undertakes not to disclose it to anyone else and accepts that he/she will be responsible for all actions enabled by use of such password.
3. WARRANTIES AND USE OF CANDIDATE'S DETAILS
3.1 Subject to compliance by Candidate with all of its obligations under this Agreement and subject to Clause 4.1 below, Clearly warrants that it shall perform its duties hereunder in a timely and professional manner and that all details which it holds in relation to the identity of the Candidate shall be held and processed in accordance with the Data Protection Act 1998 and this Agreement.
3.2 Clearly shall be entitled to provide the Candidate's Details to Associated Companies and shall either itself or via such Associated Companies make available the Candidate's Details:-
3.2.1 via the Website or other websites; and
3.2.2 to potential employers.
3.2.3 to any purchaser of part or the whole of the assets of the Clearly provided that such purchaser undertakes only to use the Candidate's Details for the same purposes as set out in this Agreement.
3.3 Clearly does not warrant that:-
3.3.1 Candidate’s Details will not be viewed by the Candidate’s existing employer; or
3.3.2 the provision of the Service will be uninterrupted or error-free.
3.4 The Candidate shall bear sole responsibility for ensuring the accuracy of the Candidate's Details supplied to Clearly.
3.5 The warranty set out in Clause 3.1 is exclusive of and in lieu of all other conditions and warranties, express or implied, statutory or otherwise, including without limitation those relating to satisfactory quality or fitness for purpose.
4. WEBSITE CONTENT
4.1 Clearly shall retain the right at all times in its absolute discretion to refuse to provide the Service or any part thereof to the Candidate, including without limitation, the inclusion of the Candidate’s Details or any part thereof on the Website.
4.2 The Candidate warrants, represents and undertakes in relation to all Candidate’s Details that they shall not be obscene, indecent, defamatory of any persons or otherwise illegal or unlawful under the laws of any jurisdiction from which the Website may be accessed.
4.3 The parties agree that the Candidate is the sole author, editor or publisher of all Candidate’s Details on the Website.
5. INTERRUPTIONS AND OMISSIONS IN SERVICE
WHILST WE TRY TO ENSURE THAT THE STANDARD OF OUR WEB SITE REMAINS HIGH AND WE ALSO TRY TO MAINTAIN THE CONTINUITY OF IT, BUT AS THE INTERNET IS NOT GUARANTEED TO BE STABLE, SOME ERRORS OR OMISSIONS OR INTERRUPTIONS OF SERVICE AND DELAYS MAY OCCUR. WE CANNOT BE RESPONSIBLE OR LIABLE FOR ANY SUCH ERRORS OMISSIONS INTERRUPTIONS OR DELAYS OR THE CONSEQUENCES THAT MAY FLOW FROM THEM, AND WE ARE NOT OBLIGED TO MAINTAIN THIS WEB SITE OR ANY PARTICULAR PART OF IT, OR PROVIDE THE SERVICES OFFERED ON THE WEB SITE. AS NECESSARY, WE MAY VARY THE SPECIFICATION OF THE SITE WITHOUT NOTICE.
AS YOU GO THROUGH THIS SITE, YOU WILL SEE THAT THERE ARE AUTOMATIC LINKS TO OTHER SITES AVAILABLE WHICH MAY BE OF INTEREST TO YOU. WE DO NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY IN RESPECT OF THE CONTENTS OF THOSE SITES, THE OWNERS OF WHICH DO NOT NECESSARILY HAVE ANY CONNECTION (COMMERCIAL OR OTHERWISE) WITH US. USING AUTOMATIC LINKS TO GAIN ACCESS TO SUCH SITES IS AT YOUR OWN RISK.
7. CANDIDATE’S OBLIGATIONS AND RESPONSIBILITIES
7.1 The Candidate undertakes to check that the Candidate’s Details once they appear on the Website and promptly to notify Clearly in the event of any inaccuracies therein.
7.2 The Candidate undertakes to notify Clearly of any changes to the Candidate’s Details from time to time.
7.3 The Candidate agrees to remove the Candidate's Details from the Website once he/she no longer wishes to have the Candidate’s Details advertised on the Website.
7.4 The Candidate undertakes fully to virus-check all data supplied to Clearly pursuant to this Agreement and remove such viruses and other harmful code that it detects.
7.5 The Candidate hereby acknowledges that he/she is fully responsible for all consequences of the Candidate’s Details appearing on the Website.
8.1 The Candidate agrees to indemnify Clearly against all damages, liabilities, costs and expenses which Clearly may incur or sustain including without limitation the costs of defending any suit arising from the inclusion of the Candidate’s Details on the Website or any act or omission by the Candidate.
9. LIMITATION OF LIABILITY
9.1 Clearly is not liable for any indirect loss, consequential loss, loss of salary, remuneration, profits, revenue, data or goodwill howsoever arising suffered by the Candidate and arising in any way in connection with this Agreement or for any liability of the Candidate to any third party.
9.2 Clearly is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
9.3 None of the clauses herein shall apply so as to restrict liability for death or personal injury resulting from the negligence of Clearly.
9.4 No matter how many claims are made and whatever the basis of such claims, Clearly’s maximum aggregate liability to the Candidate under or in connection with this Agreement or the Service in respect of any direct loss (or any other loss to the extent that such loss is not excluded by Clauses 7.1 or 7.2 above or otherwise) whether such claim arises in contract or in tort shall not exceed a sum equal to £2,000,000.
10. TERMS AND TERMINATION
10.1 These terms and conditions may be changed at any time, whereupon you will be deemed to accept those changes. We strongly recommend that you regularly review this page to note what changes have been made.
10.2 Terms of Business
Each employment assignment arising as a result of an introduction made by Clearly Jobs Ltd will be subject to Clearly Jobs Ltd's Terms of Business and Privacy Statement as applicable in the circumstances, which you have read or are deemed to have read, and which you agree as applying to and governing our relationship.
11.1 Subject to Clause 9.2, this Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and neither party has relied on any representation made by the other party unless such representation is expressly included herein. Nothing in this Clause 9.1 shall relieve either party of liability for fraudulent misrepresentations. Neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
11.2 If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
11.3 Any notice given pursuant hereto may be served by email or sent by pre-paid registered letter or recorded delivery to the addresses given hereabove. Such notice shall be deemed to have been duly served upon and received by the addressee, when served by email 24 hours after despatch thereof or, when posted, 48 hours after the same shall have been put into the post correctly addressed and pre-paid.
11.4 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
11.5 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
11.6 This Agreement shall be governed by the laws of England and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
12.1 The use of this web site or any part of it is governed by and construed in accordance with English Law. You agree that the Courts of England and Wales have exclusive jurisdiction over any dispute that arises.
13.1 clearlysalesjobs.co.uk is a trading name of Clearly Jobs Ltd.