General website terms
Effective from 1st May 2016
Please read these Website General Terms of Use (“General Terms”) carefully before using this website (the “Site”) and its services (the “Services”). Using the Site and Services indicates that you accept these General Terms. If you do not accept these General Terms, do not use the Site and Services.
If we change these General Terms, we will post the revised document here with an updated effective date. If we make significant changes to these General Terms, we may also notify you by other means such as sending an email or posting a notice on our home page.
1. Information About Us
The Site and its services are operated by JobStem Limited ("we", "our", or "us"). We are registered in England & Wales under company number 09946250 and have our registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom. You can contact us using the following email address: help@JobStem.co.uk
2. Access to the Site and Services
2.1. Subject to any contractual obligations we may owe to any users of our paid services, we shall not be liable if for any reason the Site and Services are unavailable at any time or for any period.
2.2. From time to time, we may restrict access to all or some parts of the Site and Services to users who have registered with us.
2.3. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party.
2.4. We reserve the right to restrict or deny you access to all or some parts of the Site and Services if, in our opinion, you have failed to comply with these General Terms.
3. Intellectual Property and Permitted Use
3.1. We are the owner or licensee of all intellectual property rights in the Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2. You may print and download extracts from the Site and Services for personal non-commercial use on the following basis:
3.2.1. no documents or related graphics are modified in any way;
3.2.2. no graphics are used separately from accompanying text;
and
3.2.3. no copyright and trade mark notices are removed.
3.3. You agree not to:
3.3.1. use the Site and Services for commercial purposes without obtaining our prior written agreement;
3.3.2. copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any content of the Site and Services except as permitted above.
4. Material Submitted by You
4.1 Except for information that identifies you personally (e.g. your name, address, telephone number, email address and CV), any material which you submit will be considered non-confidential and non-proprietary such that we shall have the right to use, copy, distribute and disclose it to third parties for any purpose.
4.2 You agree not to submit any material:
4.2.1 that is false, misleading, defamatory, discriminatory, threatening, offensive, abusive, likely to cause someone anxiety or distress, encourages violence or racial or religious hatred, blasphemous, pornographic, in breach of confidence, in breach of privacy; or
4.2.2 that infringes any intellectual property rights, such as copyright and trade marks. This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material; or
4.2.3 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); or
4.2.4 which encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful.
4.3 We are not obliged to use material submitted by you and we may remove from the Site, the Services and our database any of the material submitted by you at our sole discretion.
4.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone submitting material in breach of clause 4.2.
4.5 We will not be responsible, or liable to any third party, for the content or accuracy of any materials submitted by you.
5. Data Protection and Privacy
5.1 We use and process your personal information in accordance with our Privacy Policy.
5.2 We hold a data protection registration and comply with the Data Protection Act 1998.
6. Third Party Content and Links
6.1 We are not liable or responsible for the third party content on the Site and in the Services. Third party content includes, for example, material posted by other users of the Site and Services, job vacancy advertisements and display advertising.
6.2 Where the Site and Services contain links to other sites and resources which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third party sites or resources.
7. Our Liability
7.1. The material contained on the Site and in the Services is for information purposes only and does not constitute advice. You should carry out your own check in respect of any information on the Site and in the Services and use your own judgement before doing or not doing anything on the basis of what you see. Unless expressly stated in writing by us or required by law, we give no warranties of any kind in relation to the materials on the Site and in the Services.
7.2. We are not liable for:
7.2.1 any action you may take as a result of relying on any information/materials provided on the Site and in the Services or for any loss or damage suffered by you as a result of you taking such action; or
7.2.2 any dealings you have with third parties (e.g. other users or advertisers) that take place using or facilitated by the Site and Services; or
7.2.3 any liability for losses which are not a foreseeable or likely consequence of (i) your use of the Site and Services, or (ii) a breach by us of these General Terms.
7.3 We are not responsible if you cannot use the Site and Services properly or at all because of any event outside our control (e.g. the performance of your or our internet service provider, your browser or the internet.)
7.4 The Site and Services rely in part on software to work. Whilst we monitor the Site and Services and try to fix bugs promptly, we do not guarantee that the Site and Services will be error free, available all the time and/or free from viruses.
7.5 Nothing in these General Terms affects any liability which we may have for death or personal injury arising from our negligence, fraud or any other liability which cannot be excluded or limited by law.
8. Validity of these General Terms
If any part or provision of these General Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.
9. Applicable Law and Jurisdiction
These General Terms are governed by English law. The English courts shall have exclusive jurisdiction over any claim brought by you arising from, or related to, use of the Site and Services and these General Terms.
Recruiter terms
Effective from 1st May 2016
These Recruiter Terms and Conditions (“Recruiter Terms”) are deemed accepted by the Recruiter when ANY Services are ordered by the Recruiter.
1. Definitions
In these Recruiter Terms the following terms shall have the following meanings:
“Affiliates” means any holding company of the Company or any subsidiary of such holding company from time to time (and holding company and subsidiary shall have the definitions set out in section 1159 of the Companies Act 2006);
“Business Day” means a day other than a Saturday, Sunday or public holiday in England;
“Company” means the JobStem Limited;
“Contract” has the meaning set out in clause 2.1 of these Recruiter Terms;
“CV” means the curriculum vitae of the Jobseeker that is prepared and supplied by a Jobseeker;
“Fair Use Policy” has the meaning set out in Section 15 of these Recruiter Terms;
“Fees” means the sums payable by the Recruiter to the Company for the supply of the Services;
“Issue Date” the date that the order is issued by the Company as set out on the order;
“Jobseeker” means a person who uses the JobStem Network to search for, obtain information about and apply for job opportunities;
“JobStem Network” means the Sites and other recruitment websites and widgets operated by the Company, its Affiliates or third parties in partnership with the Company and/or its Affiliates;
“Order” means the order or online purchase confirmation page issued to the Recruiter by the Company;
“Non Business Day” means a day which is not a Business Day;
“Recruiter” means the person, company or firm named on the order;
“Recruiter Content” means all or any part of the content and materials (including job advertisement particulars) supplied or made available by the Recruiter in connection with the Services;
“Recruiter Services” means the menu of products/services that are available to be ordered by the Recruiter from the Company and which sets out specific conditions that apply in respect of the supply of individual products/services.
“Resume” means the Resume of the Jobseeker that is prepared and supplied by a Jobseeker;
“Service Duration” means the period during which the Company shall provide the Services as set out on the order;
“Services” means such of the product/services listed on the Recruiter Services that the Company has agreed to supply to the Recruiter as set out on the order;
“Sites” means the website(s) specified on the order;
“Upload System” means the system (if any) made available by the Company to the Recruiter in order to facilitate upload of the Recruiter Content to the Sites and includes any Upload System Software; and
“Upload System Software” means any software supplied by the Company to the Recruiter to assist upload of Recruiter Content via the Upload System.
2. Contract Between the Company and the Recruiter
2.1 The contract between the Company and the Recruiter in respect of the Services (the “Contract”) shall comprise the order, the Recruiter Services and these Recruiter Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Recruiter purports to apply under any purchase order, confirmation of order or other document).
2.2 In the event of a conflict in terms between the order, the Recruiter Services and these Recruiter Terms, the documents shall rank in the following order of precedence: (i) order, (ii) Recruiter Services and (iii) these Recruiter Terms.
2.3 Except as set out in clauses 12 and 13.7, the Contract cannot be terminated or cancelled by the Recruiter without the written agreement of the Company.
3. Services
3.1 Subject to these Recruiter Terms and in consideration of the payment of the Fees by the Recruiter, the Company shall provide the Services to the Recruiter during the Service Duration.
3.2 The Company shall use reasonable skill and care in its provision of the Services but the Company makes no representation or warranty that the Services and use of the Upload System will be uninterrupted or error free or fit for the Recruiter’s particular purpose.
3.3 The Company shall be entitled to temporarily suspend or alter the operation of the Services and/or Upload System for legal or technical reasons. The Company shall endeavour to notify the Recruiter as far in advance as possible of any temporary suspension or significant alteration but the Recruiter acknowledges that prior notice may not always be possible.
3.4 The Company may in its sole discretion decline to post on or remove from the Sites and Services any of the Recruiter Content and/or require the Recruiter Content to be amended at any time if the Company considers that the Recruiter is in breach of any of clauses 4, 5 or 6 below.
3.5 The Recruiter may request the removal of a job advertisement from the Sites and the JobStem Network (as applicable) before the end of the Service Duration but shall not be entitled to any refund of Fees.
3.6 If any quota of Services is not used up by the Recruiter within the Service Duration specified on the order then such quota shall expire. The Recruiter shall remain responsible for full payment of the Fees.
4. Recruiter General Warranties and Obligations
4.1 The Recruiter acknowledges and agrees to the specific conditions (if any) that apply in respect of the Services as set out in the Recruiter Services.
4.2 The Recruiter shall ensure that only its authorised personnel access the Services.
4.3 The Recruiter shall not disclose any login password to any third party and shall not resell or licence the Services to any third party without the Company’s prior written consent.
4.4 The Recruiter shall deliver Recruiter Content to the Company in a format compatible with the technical specifications issued by the Company from time to time.
4.5 The Recruiter undertakes and warrants that its use of the Services and all Recruiter Content (including, without limitation, job advertisements) comply with all applicable laws and codes of practice and shall not be defamatory, discriminatory or otherwise objectionable and shall not infringe any copyright, trade mark or other rights of any third party.
4.6 The Recruiter authorises the Company to use and display Recruiter Content on the JobStem Network.
4.7 The Recruiter warrants that it holds all necessary consents and licences to use and grant the Company the right to use the Recruiter Content as envisaged by the Contract.
4.8 The Recruiter shall not publish, disclose, reproduce or create derivative works from any information obtained pursuant to the Recruiter’s use of the Services except for internal business purposes unless expressly agreed in writing by the Company.
4.9 The Recruiter shall not copy, make modifications to, reverse engineer or decompile the System Software, except to the extent permitted by law.
4.10 The Recruiter shall not use any automatic extraction software (such as software tools commonly known as robots and spiders) or any other means to facilitate the downloading or capture of volume quantities of information from the Company.
4.11 The Recruiter shall comply with the terms of the Fair Use Policy.
5. Job Advertisements
5.1 The Recruiter warrants that:
5.1.1 its job advertisement particulars shall be accurate, honest and truthful;
5.1.2 its job advertisements shall not contain unnecessarily repeated words or phrases intended to cause a false positioning in the search results seen by a Jobseeker;
5.1.3 its job advertisements shall not contain links to the website of the Recruiter (or any third party) or any job application contact information without the prior written agreement of the Company; and
5.1.4 its job advertisements shall not promote any ‘get rich quick’, pyramid selling or network marketing opportunities or similar.
6. Jobseekers and CVs
6.1 The Recruiter shall only use CVs and personally identifiable Jobseeker information for the purpose of finding employment for Jobseekers.
6.2 The Recruiter shall keep confidential and not supply or make available to any person CVs and personally identifiable Jobseeker information that the Recruiter receives from the Company or any Jobseeker without the Jobseeker’s express consent.
6.3 The Recruiter shall comply with the provisions of the Data Protection Act 1998 and, in particular, shall take all appropriate technical, organisational and security measures to prevent unauthorised access, loss and use of personal data relating to Jobseekers.
6.4 The Recruiter accepts that it is responsible for satisfying itself as to the suitability of Jobseekers for a job vacancy and verifying the identity of such Jobseekers.
7. Recruiter Indemnity
The Recruiter shall indemnify the Company and its Affiliates against all claims, costs, damages, losses, expenses and liabilities suffered or incurred by the Company and its Affiliates arising as a result of any breach by the Recruiter of clauses 4, 5 and 6.
8. Fees
8.1 Fees are as stated on the order and are exclusive of VAT which shall be paid by the Recruiter in addition at the rate and in the manner prescribed by law.
8.2 The Recruiter shall pay all invoices within 30 days of the invoice date and by such method as may be agreed by the Company.
8.3 If the Recruiter fails to pay any amount due to the Company by the due date for payment then:
8.3.1 the Company reserves the right to charge interest at the rate of 4% per annum above Barclays Bank plc’s base lending rate in force from time to time or such higher rate as may be permitted by law from the due date until settlement or discharge of the debt; and
8.3.2 without prejudice to any other right or remedy available to the Company, the Company shall be entitled to suspend the Services until all monies owing to the Company have been paid in full by the Recruiter.
8.4 The Company reserves the right to require the Recruiter to pay a deposit and/or a non-refundable advance payment before making Services available to the Recruiter. If a deposit is paid by the Recruiter, it shall be repaid by the Company to the Recruiter on termination of the Contract subject to the Company’s right to offset any outstanding amounts payable by the Recruiter against such deposit.
8.5 The Company reserves the right to charge the Recruiter its reasonable administration costs in dealing with any failed payments and/or any costs incurred by the Company in relation to pursuing debt collection (including debt collection agency fees and expenses).
9. Intellectual Property Rights
The Recruiter acknowledges that all intellectual property rights in the Services, technology supporting the Services and the JobStem Network vest in the Company and/or its licensors and partners and that the Recruiter has no rights in, or to, such intellectual property other than the right to use in accordance with the Contract.
10. Limitation of Liability
10.1 This clause sets out the entire financial liability of the Company to the Recruiter in respect of:
10.1.1 any breach of the Contract;
10.1.2 any use made by the Recruiter of the Services; and
10.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
10.2 Nothing in the Contract shall exclude or limit the Company’s liability for death or personal injury resulting from the negligence of the Company or for fraud or for any other liability that cannot be excluded or limited by law.
10.3 All warranties, conditions and other terms implied by statute or common law in relation to the Services are, to the fullest extent permitted by law, excluded from the Contract.
10.4 The Company has no liability to verify the identity of any Jobseekers or check the suitability of any Jobseekers for any job vacancy.
10.5 The Company shall not be liable to the Recruiter under or in connection with the Contract for any loss of business, contracts, profits, anticipated savings, data, damage to hardware and software, or for any indirect, special or consequential loss.
10.6 The Company does not accept liability for loss of any Recruiter Content.
10.7 The Company’s liability in respect of any failure to perform the Services in accordance with the Contract shall be limited to the re-performance of the relevant part of the Services as far as is practicable.
10.8 Subject to the provisions of this clause 10, the total liability of the Company to the Recruiter in respect of any loss or damage under or in connection with the Contract shall not exceed the aggregate amount of Fees paid by the Recruiter in the twelve months immediately preceding the incurring of such loss or damage.
11. Confidentiality
The Company and the Recruiter agree to keep the terms of the Contract and all information that is obtained about the business, finances, technology and affairs of the other strictly confidential. This clause shall not apply to information which has come into the public domain other than by breach of this clause or is required to be disclosed by law.
12. Termination
12.1 Either party may terminate the Contract:
12.1.1 immediately upon written notice to the other party if the other party commits any material or persistent breach of any of the provisions of the Contract and, in the case of a breach which is capable of remedy, fails to remedy the same within 14 days after receipt of a written notice giving particulars of the breach and requiring it to be remedied; or
12.1.2 immediately upon written notice to the other party if the other party shall cease to carry on its business or shall have a liquidator, receiver or administrative receiver appointed to it or over any part of its undertaking or assets or shall pass a resolution for its winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction where the resulting entity shall assume all the liabilities of it) or a court of competent jurisdiction shall make an administration order or liquidation order or similar order, or shall enter into any voluntary arrangement with its creditors, or shall be unable to pay its debts as they fall due.
12.2 Where the Company believes (in it is sole discretion) that the Recruiter has failed to comply with the terms of the Fair Use Policy or has otherwise breached the provisions of clauses 4, 5 or 6 then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to (i) suspend the Services and/or (ii) terminate the Contract immediately upon written notice.
12.3 Upon termination of the Contract for any reason:
12.3.1 the Recruiter shall immediately cease using the Services, permanently delete any access passwords for the Services and erase any System Software; and
12.3.2 the Recruiter shall immediately pay to the Company all outstanding sums due to the Company under the Contract; and
12.3.3 save in the case of termination by the Recruiter in accordance with Clause 12.1, the Recruiter acknowledges and agrees that it shall not be entitled to a refund of any sums paid in advance to the Company.
12.4 Termination of the Contract shall not affect the accrued rights or liabilities of the Company or the Recruiter under the Contract nor any provision of the Contract which is expressed or required to survive or operate in such event.
13. General
13.1 The Contract contains the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, written or oral, between the parties in relation to such matters.
13.2 No amendment, variation or modification to the Contract shall be deemed valid unless it is agreed in writing by the parties.
13.3 The Recruiter shall not assign, transfer or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Company.
13.4 A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the Contract.
13.5 Nothing in the Contract shall be deemed to create any kind of partnership or joint venture between the Company and the Recruiter.
13.6 No failure or delay by either party in exercising any of its rights or remedies under the Contract shall operate as a waiver of those rights or remedies. No waiver shall be effective unless in writing and shall apply only in relation to the matter in respect of which it was specifically given. No waiver of any breach of the Contract is a waiver of any subsequent or other breach.
13.7 Neither party shall be liable for any delay or non-performance under the Contract caused by any event beyond its reasonable control (a “Force Majeure Event”) provided that the party affected gives prompt notice in writing to the other party of such Force Majeure Event and uses all reasonable endeavours to continue to perform its obligations under the Contract. If the Force Majeure Event continues for more than one month, the party not subject to the Force Majeure Event may terminate the Contract by notice in writing to the other party.
13.8 If any provision of the Contract is held to be illegal, void, invalid or unenforceable the legality, validity and enforceability of the remainder of the Contract shall not be affected.
13.9 Notices under the Contract must be in writing and shall only be deemed to have been duly served if hand delivered, sent by facsimile (provided the transmitting machine reports successful transmission), recorded delivery or email to the contact address of the party set out in the order or such other contact address as may be notified by that party under this clause.
13.10 The Contract shall be governed by and construed in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts in relation to any disputes arising under or in connection with the Contract.
14. International services
14.1 Offers and prices for international services are subject to change until the specific advertisement is placed.
14.2 For services that are published or used on websites that are not operated by us, additional requirements and restrictions may apply. These have to be met. Specific information about additional requirements and restrictions for websites that are not operated by us are provided upon request.
15. Fair usage policy
15.1 CV Downloads: Candidate CV downloads, CV searches and CV alerts are subject to a fair usage policy. JobStem deem fair usage to be 500 CV searches and 500 CV downloads or 500 CVs received per CV alert per user per day where:
15.1.1 A user is a person, company or firm who is named as the Recruiter in an Order and who has a unique login to the Site(s) (as set out in the applicable Order); and
15.1.2 A day is considered a calendar day between the hours of 00:00:00 GMT and 23:59:59 GMT.
15.2 JobStem reserves the right to amend any fair usage limits that have been imposed without prior notification to users.
15.3 JobStem takes any misuse of data, breach of a user's Contract or breach of any legal policy or regulations very seriously. JobStem reserves the right to limit, suspend or cancel, without refund, access to the candidate CV database and associated services if JobStem, in its sole discretion, suspects (i) the misuse of data by a user and/or the user has breached any of the terms of their Contract with JobStem. In addition, any such activity may result in legal action being taken by JobStem against the offending party.
16. Malware/Anti-Virus
16.1 Users must only access the Site(s) from systems that have the most up-to-date level of anti-virus software provided by a reputable manufacturer installed and running.
