Terms of Use
TERMS OF USE OF CAREERSWITCH LIMITED
The Terms and Conditions of use are divided into 2 parts. Part 1 contains general terms relating to the use of our website (please also see our Privacy Policy); Part 2 contains terms relating to registered advertisers.
By using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website. If you register with the website as a job seeker or a advertiser, we will ask you to expressly agree to these terms of use. If you have any questions please contact us at feedback@drivingjobs.co.uk.
PART 1: GENERAL TERMS
Attention: This legal notice applies to the entire contents of this website under the domain name www.drivingjobs.co.uk ("the Website") and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website.
This notice is issued by Careerswitch Limited (company number 6068364). Careerswitch Limited's registered office is at ARRAM BERLYN GARDNER, 30 CITY ROAD, LONDON, EC2Y 2AB
1. Introduction
1.1 No representations are made by Careerswitch Limited in relation to any advertisement which is accessed via this Website nor about any of the advertisers who appear on this Website. In compiling the content of this Website, Careerswitch Limited relies on information provided to it by third parties. Accordingly you must satisfy yourself as to the suitability of any agency, employer or job found directly or indirectly through this Website.
1.2 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.3 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.4 Careerswitch Limited may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2. Conditions of Use
2.1 Persons under the age of 18 years of age may not use this Website unless such use is under the supervision of a parent or guardian.
2.2 If you are accessing this Website on behalf of a company or other corporate entity, you represent that you have authority to bind that entity to these terms of use.
3. Printing and Downloading Extracts
3.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
3.1.1 no documents or related graphics on this Website are modified in any way;
3.1.2 no graphics on this Website are used separately from accompanying text;
3.1.3 Careerswitch Limited's copyright and trade mark notices and this permission notice appear in all copies;
3.1.4 if you are a user, you only use the printed or downloaded documents or related graphics for your personal purposes and not for any commercial purposes; and
3.1.5 if you are an advertiser or potential advertiser, you only use the printed or downloaded documents or related graphics for the purposes of looking for a person to fill a vacancy for your business, not for any other commercial or personal purposes.
3.2 Unless otherwise stated, the copyright, database rights and other intellectual property rights in all material on this Website (including, without limitation, job descriptions, assignment details, photographs and graphical images) are owned by Careerswitch Limited or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 3.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
3.3 Subject to paragraph 3.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Careerswitch Limited 's prior written permission.
3.4 Any rights not expressly granted in these terms are reserved.
4. Service Access
4.1 While Careerswitch Limited endeavours to ensure that this Website is normally available 24 hours a day, Careerswitch Limited shall not be liable if for any reason this Website is unavailable at any time or for any period.
4.2 Access to this Website may be suspended temporarily and without notice.
4.3 Careerswich Limited is entitled to alter or withdraw any service provided by it via this Website, including decommissioning this Website at any time and without notice.
4.4 Careerswich Limited reserves the right to alter these terms of use at any time by posting an amended set of terms to this Website and such amended terms shall come into force on the date they are posted.
5. Visitor Conduct and Material
5.1 You may not misuse the Website (including, without limitation, by hacking or sending spam to any email addresses appearing on this Website).
5.2 You are solely responsible and liable for any information you submit to this Website and you are responsible for ensuring that all information you supply is accurate, up-to-date and not likely to mislead or deceive anyone.
5.3 You are prohibited from posting or transmitting to or from this Website any material:
5.3.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
5.3.2 for which you have not obtained all necessary licences and/or approvals;
5.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in, the UK or any other country in the world; or
5.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.4 You hereby authorise Careerswitch Limited to disclose your identity to, and to co-operate fully with, any third party who lawfully requests such disclosure or assistance to locate you if you breach paragraph 5.2 or paragraph 5.3.
5.5 You shall fully indemnify Careerswitch Limited for any loss, damage or costs suffered or incurred by Careerswitch Limited caused by, or in connection with, any breach of paragraph 5.2 or paragraph 5.3 by you.
5.6 Careerswitch Limited reserves the right to remove any material submitted by you at any time, for any reason and without explanation to you.
6. Links to and from Other Websites
6.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Careerswitch Limited has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Careerswitch Limited therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
6.2 You may create links to this Website provided you have first obtained the express written permission of Careerswitch Limited and you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
6.2.1 you do not remove, distort or otherwise alter the size or appearance of Drivingjobs.co.uk or Careerswitch Limited logo;
6.2.2 you do not create a frame or any other browser or border environment around this Website;
6.2.3 you do not in any way imply that Careerswitch Limited is endorsing any products or services other than its own;
6.2.4 you do not misrepresent your relationship with Careerswitch Limited nor present any other false information about Careerswitch Limited;
6.2.5 you do not otherwise use any Careerswitch Limited trade marks displayed on this Website without express written permission from Careerswitch Limited;
6.2.6 you do not link from a website that is not owned by you; and
6.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.3 Careerswitch Limited expressly reserves the right to revoke the permission granted in paragraph 6.2 for breach of these terms and to take any action it deems appropriate.
6.4 You shall fully indemnify Careerswitch Limited for any loss or damage suffered by Careerswitch Limited or any of its group companies for breach of paragraph 6.2.
7. Registration
7.1 Each registration is for a single user only. You must not share your user name and password neither with any other person nor with multiple users on a network, and you must keep them confidential. You shall be responsible for all actions taken under your password.
7.2 You must notify Careerswitch Limited immediately if you believe that your password has become known to someone else or if it is being, or has been, used by someone else.
8. Disclaimer
8.1 While Careerswitch Limited endeavours to ensure that the information on this Website is correct, Careerswitch Limited does not warrant the accuracy and completeness of the material on this Website and by your use of this Website, you confirm that you shall not place any reliance on the information contained in it. Careerswitch Limited may make changes to the material on this Website, or to the services and any prices described in it, at any time without notice. The material on this Website may be out of date, and Careerswitch Limited is not obliged to update such material. Careerswitch Limited has not independently verified any information contained in the Website. When using this Website you shall exercise caution and common sense and be alert to the risk that other persons using this Website may be acting under false pretences. By your use of this Website you (a) accept this risk and (b) agree that Careerswitch Limited shall not be responsible for any acts or omissions of others.
8.2 The material on this Website is provided "as is", without any conditions, representations, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Careerswitch Limited provides you with this Website on the basis that Careerswitch Limited excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
9. Liability
Careerswitch Limited, any other party (whether or not involved in creating, producing, maintaining or delivering this Website) and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party whether in tort (including without limitation negligence), contract or otherwise in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
9.1 Nothing in this legal notice shall exclude or limit Careerswitch Limited's liability for:
9.1.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
9.1.2 fraud; or
9.1.3 misrepresentation as to a fundamental matter; or
9.1.4 any liability which cannot be excluded or limited under applicable law.
9.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.3 Careerswitch Limited excludes, to the extent legally possible, all liability it may owe to you as a result of your acceptance of a job obtained via the Website.
9.4 Careerswitch Limited shall not be liable for any loss resulting from the transmission of electronic data via this Website including where such data is intercepted or misdirected and all such risk shall be borne by you.
9.5 Careerswitch Limited shall not be liable to any advertiser in relation to the use by it of any CV provided by a user of this Website.
9.6 If you have any dispute with one or more users of the Website, you release Careerswitch Limited from all 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.
9.7 Careerswitch Limited shall not be liable to any user for any direct, indirect or consequential loss or damage incurred by any user as a result of information concerning such user being accessed or obtained by any other user, whether or not such information was obtained in accordance with these terms or the Company's Privacy Policy.
10. Confidential Information
10.1 Careerswitch Limited shall use its reasonable endeavours to ensure that the personal information supplied by you to it is kept confidential but where you have consented to the onward supply of any information you have supplied to Careerswitch Limited nothing in these terms of use shall prevent Careerswitch Limited from passing your details to the relevant advertiser or other third parties.
10.2 Any use of personal information by Careerswitch Limited shall be performed in accordance with the Careerswitch Limited Privacy Policy.
11. Termination
11.1 Careerswitch Limited may, using its absolute discretion, decide to terminate your registration and/or deny you access to the Website or any part of it at any time.
12. Governing Law and Jurisdiction
12.1 These terms of use are governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts, provided always nothing will limit the right of Careerswitch Limited from obtaining interlocutory relief against you to protect any intellectual property rights in any other court of competent jurisdiction or concurrently in more than one court of competent jurisdiction.
12.2 You confirm that you are accessing this Website from the United Kingdom. You are not permitted to use this Website from outside the United Kingdom*.
Issue Date: 1st February 2009
*If a user uses this website from outside England and Wales, he can sue the client if the website/terms do not comply with his local law. If he is a consumer, he can also claim that his local law applies - see guidance
PART 2: RECRUITER TERMS
1. General Definitions
In these terms and conditions:
a. 'Advertiser Interface' means the mechanism provided via the Drivingjobs.co.uk website by which a Customer may amend, modify or remove Job Posts;
b. 'Advertising Period’ means a period of 45 days or such other period as may be agreed between the Company and the Customer;
c. ‘Company’ means the company which owns the website ‘Drivingjobs.co.uk’, Careerswitch Ltd company registration number 06068364 registered address ARRAM BERLYN GARDNER, 30 CITY ROAD, LONDON EC2Y 2AB ;
d. 'Customer' means any organisation, person or company which purchases Services from the Company;
e. 'Job Post’ means a posting detailing a job vacancy sent by the Customer to the Company for display on Drivingjobs.co.uk;
f. 'Job Post Acknowledgement' means an email confirming the acceptance of the Job Post by the Company sent to the Customer and confirming the application of these terms to the supply of the Services;
g. 'Job Posting Rules' means the rules applied to Job Posts by the Company which form part of these terms and conditions and can be viewed in full here;
h. 'Services' means all recruitment products and services provided by the Company to the Customer from time to time;
i. 'Website Terms of Use' means the terms of use and Privacy Policy agreed to by the Customer when registering to use Drivingjobs.co.uk as amended from time to time by the Company.
2. Incorporation of the Website Terms of Use
a. The Customer agrees that it has read and understood the Company's Website Terms of Use and that the Website Terms of Use are explicitly incorporated into these terms and conditions.
b. If any provisions of the Website Terms of Use conflict with provisions in these terms and conditions, the provisions of these terms and conditions shall prevail.
3. The Services
When the Customer registers with the Company, the Customer will gain access to additional areas and services of the Drivingjobs.co.uk website (as determined by the Company in its sole discretion) which may include:
i. Job Post Service
a. The Company shall issue a Job Post Acknowledgement when the Company has approved the job vacancy sent by the Customer, such approval to include checking compliance with the Job Posting Rules.
b. The Company reserves the right to display any Job Post on Drivingjobs.co.uk in a manner and format determined by the Company in its absolute discretion.
c. The Company may refuse to display, or withdraw from display, a Job Post after the issue of a Job Post Acknowledgement if in the Company's opinion the Job Post does not comply with the Job Posting Rules or for any other reason.
d. The Company shall endeavour to display any Job Post on Drivingjobs.co.uk as soon as reasonably possible after issue of the Job Post Acknowledgement.
e. A Job Post will be displayed on Drivingjobs.co.uk for a maximum period equal to the Advertising Period after which the Job Post may be removed from display by the Company.
f. The Company may extend or reduce the Advertising Period following agreement with the Customer. The Company will charge the Customer for any extension of the Advertising Period in relation to a Job Post as if it is a new Job Post.
g. The Customer shall contact the Company if the content of the Job Post requires editing; all alterations to the Job Post are at the full discretion of the Company.
h. The Job Post may be classified as Job of the Week which will place the Job Post in a format selected by the Company at the top of the homepage of www.drivingjobs.co.uk for 7 consecutive days. The 7 sevent consecutive days will commence at a point suitable to the Company. All dates and information provided to the Customer will be approximate and subject to change by the Company.
i. A Job Post may be classified as Urgently Required for the initial 10 days of the Advertising Period by a star or otherwise to the left of the listing within the results and being positioned above Job Posts which are not Urgently Required for the day or the Job Post (Urgently Required Status). The Company reserves the right to adjust any aspect, feature or duration of the promotion of jobs with Urgently Required Status. After losing Urgently Required Status the Job Post will stay on the website for the remainder of the Advertising Period.
j. Each Job Post shall be identified by a unique Drivingjobs.co.uk ID number. This ID number should be quoted in all correspondence with the Company.
k. Access to Job Seekers through the Drivingjobs.co.uk and other services specified on Drivingjobs.co.uk from time to time.
The Company reserves the right to offer additional recruitment services at its sole discretion to the Customer at any time. The specification and price of any such additional recruitment services will be defined at the point of purchase by the Customer and will follow the general terms and conditions within this document.
4. Ad hoc Reporting & Subscription Clients
a. The Company may, on an ad hoc basis and without charge if so determined by the Company, provide the Customer with data in connection with the performance of a Customer's Job Post. Any such data provided is approximate, subject to change and its reliability is not warranted by the Company.
b. The Company may provide paid access to Job Postings and candidate details through the website. All data provided within this interface is approximate and any information must be verfied by the Customer. The customer accepts full responsibility for the use and interpretation of any data provided by the Company as a condition of accessing the service.
c. Subscription is calculated on a rolling 31 day basis ("Subscription Month") not a calendar month basis. Customers are billed on the first day of the Subscription Month and then repeatedly on the first day of the next Subscription Month. Customers may cancel at any point during the Subscription Month so long as they pay for the current Subscription Month. Termination notice is to be made through the contact us form or by email.
d. In the event that the Customer is offered any free advertising, job postings, job promotions or any other incentives, these will only be valid within the Subscription Month they are issued and will not roll over between Subscription Months. For example, if a Customer becomes a subscription client and recieves 2 free Urgently Requireds promotions each Subscription Month, these 2 promotions will not roll over into subsquent Subscription Month. There will only ever be 2 promotions avialable to the Customer each Subscription Month. It is the choice of the Customer to use or otherwise loose any incentives valid within the Subscription Month.
e. The Company may choose to offer promotions from time to time which enables the Customer to relist the Job Post at no charge in the event the Customer recieves no applications from Job Seekers. This offer cannot be used in conjunction with any other offers. The Customer must ensure the Job Posting complies with the Job Posting Rules at all times.
f. All offers and promotions are provided at the full discretion of the Company and may be withdrawn or modified in any manner by the Company without informing the Customer. Offers cannot be used in conjunction with other offers or any discounts or promotions offered by the Company.
5. Prices
a. Except in cases of obvious error, the Customer shall pay the Company the price quoted to the Customer via Drivingjobs.co.uk at the point of purchase.
b. The Company reserves the right to vary the price, the Services and/or the Advertising Period from time to time without notifying the Customer. No such variations shall be effective in relation to Job Posts displayed prior to the effective date of the variation.
c. Prices are confidential and are not to be disclosed by the Customer.
d. A minimum fixed fee of £10 per Job Post will apply if no price has been quoted.
e. All amounts payable under these terms and conditions are exclusive of VAT which shall be payable by the Customer at the prevailing rate.
6. Payments
a. The Customer shall pay for each Job Post by credit or debit card at the point of submission of the Job Post.
b. Online payments are made by credit or debit card using Sage Pay (formally Protx) secure transaction system. For more information please go to Sage Pay web site www.sagepay.com.
c. The Company assumes no responsibility for the correct functioning of the Sage Pay service or any information or claims made by Sage Pay.
d. The Customer uses the Sage Pay service under the terms and conditions of use specified by Sage Pay and the Company accepts no liability for any direct or indirect loss howsoever caused as a consequence of the Customer's use of the Sage Pay service.
e. The Company may agree other payment mechanisms with the Customer where appropriate and where invoice based payment is made available all invoices are payable within 28 days from date of the invoice.
f. Late payment by the Customer will entitle the Company to suspend provision of the Services and/or remove any or all Job Posts submitted by the Customer from display on Drivingjobs.co.uk.
g. The Customer will be liable to pay interest on late payment of sums owing to the Company at the rate of 3% above HSBC Bank plc's base rate.
7. Refunds
a. The Company does not pay refunds on any submitted job postings that contravene its Job Posting Rules.
b. Removal of a Job Post from display on Drivingjobs.co.uk for any reason prior to the expiry of the Advertising Period shall not result in any refund to the Customer and, at the Company's absolute discretion, may result in the withdrawal of any discount offered or applied to other Job Posts placed by the Customer.
8. Termination
a. If the Company has issued a Job Post Acknowledgement the Customer may not withdraw a Job Post without the consent of the Company.
b. The Company is entitled to terminate the provision of all or any part of the Services immediately upon service by it of written notice to the Customer if:
1. the Customer, in the reasonable opinion of the Company, is in material breach of these terms and conditions and has not remedied such breach within seven days of notice in writing of the breach by the Company, or
2. the Customer ceases to trade, becomes insolvent or goes into liquidation.
b. A Customer which is using the monthly subscription service offered by the Company may cancel at any point so long as they pay for the full month in which they cancel. The Customer will loose any free advertising or incentives upon cancellation
9. Job Post Editing Restriction
a. Job Posts cannot be re-submitted or modified in any way other than those allowed through the Advertiser Interface on Drivingjobs.co.uk
b. Any modifications within the Advertiser Interface are made at the Customer's risk and may result in a Job Post being lost, deleted, cancelled or displaying incorrect information; the Customer accepts that the Company will not be obliged to provide a refund in any of these circumstances.
10. Employment agencies and employment businesses
IMPORTANT NOTE TO EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESSES:
All employment agencies and employment businesses are required to identify themselves during the advertiser registration and/or Job Post process by selecting from a drop-down menu. Failure to do so may result in the display of a Job Post being postponed until full information is provided or a Job Post being removed altogether without a refund.
a. If the Customer is an employment agency or an employment business (as defined by the Employment Agencies Act 1973 ('the Act')), the Customer agrees to comply with the Act and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 ('the Conduct Regulations') in all relevant respects.
b. Without prejudice to the generality of clause 10.a, if the Customer is an employment agency or an employment business under the Act, it is the Customer's responsibility to ensure that all Job Posts it displays on Drivingjobs.co.uk comply with Regulation 27 of the Conduct Regulations.
11. Content and Format of Job Posts
a. The Company has very stringent rules concerning the content and format of Job Posts displayed on Drivingjobs.co.uk. These rules are referred to as Job Posting Rules and must be accepted by the Company before a Job Post is displayed on Drivingjobs.co.uk.
b. The Customer agrees that the Company may at its discretion and without liability to the Customer remove from Drivingjobs.co.uk any Job Post which breaches the Job Posting Rules.
c. The Job Posting Rules may change from time to time and it is the Customer's responsibility to refer to them regularly.
d. The Company reserves the right to edit or reject Job Posts it considers illegal (including, without limitation, those it considers to be unlawfully discriminatory) without refund and to pass the Customer's details and IP address on to any law enforcement agency.
e. If Customer submits a Job Post to Drivingjobs.co.uk which provides false contact details or impersonates another party, the Company reserves the right to pass the Customer's details and IP address on to the aggrieved third party, their agents and/or any law enforcement agency.
Click here to see our Job Posting Rules.
12. Dealing with Job Seekers
a. The Customer agrees to treat any job seekers who respond to a Job Post fairly and professionally and not do anything which may bring the Company or Drivingjobs.co.uk into disrepute.
b. The Company does not guarantee any minimum number of applications in response to a Job Post or warrant that any applications received will be from persons suitable for the job advertised.
c. It is the responsibility of the Customer to verify information provided by job seekers and carry out such checks and procedures as are necessary to ensure that job seekers have the licences and qualifications they claim and are suitable for the job advertised.
13. Accessing Drivingjobs.co.uk and Services
It is the responsibility of the Customer to ensure it has appropriate equipment and can access and use the Services. During registration the Customer selects a password to access the Services provided by the Company. The Customer must ensure that its login and password details are kept confidential. The Customer may if permitted by the Company access the Company database of job seekers for the sole purpose of seeking job seekers to fill real and existing jobs. The Customer must treat the information in the Company database as confidential, and must not copy any information from the database or record or retain any information from the database or disclose such information to any third party.
14. Linking to other sites
a. The Company reserves the right to remove from any Job Post any advertisement which contains content or links to a site which, in the opinion of the Company, is defamatory, illegal or objectionable or might bring the Company or Drivingjobs.co.uk into disrepute.
b. The Customer shall indemnify the Company from and against all costs, claims, damages, losses, expenses or liability resulting from any claim brought by a third party against the Company arising from, or connected to, content or links contained in Job Posts submitted by the Customer.
15. Third party sites
The Customer hereby consents to the Company advertising vacancies posted on Drivingjobs.co.uk by the Customer being displayed on such other third party recruitment websites as the Company may in its absolute discretion decide is appropriate.
16. Limitation of liability
THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE 16
a. THIS CLAUSE 16 SETS OUT THE ENTIRE LIABILITY OF THE COMPANY (INCLUDING ANY LIABILITY FOR THE ACTS OR OMISSIONS OF ITS EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS) TO THE CUSTOMER IN RESPECT OF:
1. ANY BREACH OF THESE TERMS AND CONDITIONS;
2. ANY USE MADE BY THE CUSTOMER OF THE SERVICES OR ANY PART OF THEM; AND
3. ANY REPRESENTATION, STATEMENT OR TORTIOUS ACT OR OMISSION (INCLUDING NEGLIGENCE) ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS.
b. ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE THESE TERMS AND CONDITIONS.
c. NOTHING IN THESE CONDITIONS LIMITS OR EXCLUDES THE LIABILITY OF THE COMPANY:
1. FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE; OR
2. FOR ANY DAMAGE OR LIABILITY INCURRED BY THE CUSTOMER AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION BY THE COMPANY.
d. THE COMPANY, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING DRIVINGJOBS.CO.UK), AND ANY OF THE COMPANY'S GROUP COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO THE CUSTOMER OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH DRIVINGJOBS.CO.UK IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF DRIVINGJOBS.CO.UK, ANY WEBSITES LINKED TO DRIVINGJOBS.CO.UK OR THE MATERIAL ON SUCH WEBSITES.
e. IF THE CUSTOMER'S USE OF MATERIAL ON DRIVINGJOBS.CO.UK RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, THE CUSTOMER ASSUMES ALL COSTS THEREOF.
f. IF ANY EXCLUSION CONTAINED IN THESE TERMS SHALL BE HELD TO BE INVALID FOR ANY REASON AND DRIVINGJOBS.CO.UK BECOMES LIABLE FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO £100.
17. Indemnity
The Customer shall indemnify the Company from and against all costs, claims, damages, losses, expenses or liability resulting from any claim brought by any person against the Company arising from the Customer's breach of these terms and conditions.
18. Severability
a. If any provision (or part of a provision) of these terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
b. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
19. Notices
a. All notices from the Customer to the Company shall be in writing addressed to the Directors, Careerswitch Limited, ARRAM BERLYN GARDNER, 30 CITY ROAD, LONDON. EC2Y 2AB
b. All notices from the Company to the Customer shall be sent to the address of the Customer as notified by the Customer to the Company during the registration process.
20. The Company's right to vary these terms and conditions
The Company has the right to vary these terms and conditions from time to time.
21. Governing Law
These terms and conditions are governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts, provided always that nothing will limit the right of the Company from obtaining interlocutory relief against you to protect any intellectual property rights in any other court of competent jurisdiction or concurrently in more than one court of competent jurisdiction.
The Terms and Conditions of use are divided into 2 parts. Part 1 contains general terms relating to the use of our website (please also see our Privacy Policy); Part 2 contains terms relating to registered advertisers.
By using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website. If you register with the website as a job seeker or a advertiser, we will ask you to expressly agree to these terms of use. If you have any questions please contact us at feedback@drivingjobs.co.uk.
PART 1: GENERAL TERMS
Attention: This legal notice applies to the entire contents of this website under the domain name www.drivingjobs.co.uk ("the Website") and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website.
This notice is issued by Careerswitch Limited (company number 6068364). Careerswitch Limited's registered office is at ARRAM BERLYN GARDNER, 30 CITY ROAD, LONDON, EC2Y 2AB
1. Introduction
1.1 No representations are made by Careerswitch Limited in relation to any advertisement which is accessed via this Website nor about any of the advertisers who appear on this Website. In compiling the content of this Website, Careerswitch Limited relies on information provided to it by third parties. Accordingly you must satisfy yourself as to the suitability of any agency, employer or job found directly or indirectly through this Website.
1.2 You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.3 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.4 Careerswitch Limited may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
2. Conditions of Use
2.1 Persons under the age of 18 years of age may not use this Website unless such use is under the supervision of a parent or guardian.
2.2 If you are accessing this Website on behalf of a company or other corporate entity, you represent that you have authority to bind that entity to these terms of use.
3. Printing and Downloading Extracts
3.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
3.1.1 no documents or related graphics on this Website are modified in any way;
3.1.2 no graphics on this Website are used separately from accompanying text;
3.1.3 Careerswitch Limited's copyright and trade mark notices and this permission notice appear in all copies;
3.1.4 if you are a user, you only use the printed or downloaded documents or related graphics for your personal purposes and not for any commercial purposes; and
3.1.5 if you are an advertiser or potential advertiser, you only use the printed or downloaded documents or related graphics for the purposes of looking for a person to fill a vacancy for your business, not for any other commercial or personal purposes.
3.2 Unless otherwise stated, the copyright, database rights and other intellectual property rights in all material on this Website (including, without limitation, job descriptions, assignment details, photographs and graphical images) are owned by Careerswitch Limited or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 3.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
3.3 Subject to paragraph 3.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Careerswitch Limited 's prior written permission.
3.4 Any rights not expressly granted in these terms are reserved.
4. Service Access
4.1 While Careerswitch Limited endeavours to ensure that this Website is normally available 24 hours a day, Careerswitch Limited shall not be liable if for any reason this Website is unavailable at any time or for any period.
4.2 Access to this Website may be suspended temporarily and without notice.
4.3 Careerswich Limited is entitled to alter or withdraw any service provided by it via this Website, including decommissioning this Website at any time and without notice.
4.4 Careerswich Limited reserves the right to alter these terms of use at any time by posting an amended set of terms to this Website and such amended terms shall come into force on the date they are posted.
5. Visitor Conduct and Material
5.1 You may not misuse the Website (including, without limitation, by hacking or sending spam to any email addresses appearing on this Website).
5.2 You are solely responsible and liable for any information you submit to this Website and you are responsible for ensuring that all information you supply is accurate, up-to-date and not likely to mislead or deceive anyone.
5.3 You are prohibited from posting or transmitting to or from this Website any material:
5.3.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
5.3.2 for which you have not obtained all necessary licences and/or approvals;
5.3.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party in, the UK or any other country in the world; or
5.3.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5.4 You hereby authorise Careerswitch Limited to disclose your identity to, and to co-operate fully with, any third party who lawfully requests such disclosure or assistance to locate you if you breach paragraph 5.2 or paragraph 5.3.
5.5 You shall fully indemnify Careerswitch Limited for any loss, damage or costs suffered or incurred by Careerswitch Limited caused by, or in connection with, any breach of paragraph 5.2 or paragraph 5.3 by you.
5.6 Careerswitch Limited reserves the right to remove any material submitted by you at any time, for any reason and without explanation to you.
6. Links to and from Other Websites
6.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Careerswitch Limited has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Careerswitch Limited therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
6.2 You may create links to this Website provided you have first obtained the express written permission of Careerswitch Limited and you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
6.2.1 you do not remove, distort or otherwise alter the size or appearance of Drivingjobs.co.uk or Careerswitch Limited logo;
6.2.2 you do not create a frame or any other browser or border environment around this Website;
6.2.3 you do not in any way imply that Careerswitch Limited is endorsing any products or services other than its own;
6.2.4 you do not misrepresent your relationship with Careerswitch Limited nor present any other false information about Careerswitch Limited;
6.2.5 you do not otherwise use any Careerswitch Limited trade marks displayed on this Website without express written permission from Careerswitch Limited;
6.2.6 you do not link from a website that is not owned by you; and
6.2.7 your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
6.3 Careerswitch Limited expressly reserves the right to revoke the permission granted in paragraph 6.2 for breach of these terms and to take any action it deems appropriate.
6.4 You shall fully indemnify Careerswitch Limited for any loss or damage suffered by Careerswitch Limited or any of its group companies for breach of paragraph 6.2.
7. Registration
7.1 Each registration is for a single user only. You must not share your user name and password neither with any other person nor with multiple users on a network, and you must keep them confidential. You shall be responsible for all actions taken under your password.
7.2 You must notify Careerswitch Limited immediately if you believe that your password has become known to someone else or if it is being, or has been, used by someone else.
8. Disclaimer
8.1 While Careerswitch Limited endeavours to ensure that the information on this Website is correct, Careerswitch Limited does not warrant the accuracy and completeness of the material on this Website and by your use of this Website, you confirm that you shall not place any reliance on the information contained in it. Careerswitch Limited may make changes to the material on this Website, or to the services and any prices described in it, at any time without notice. The material on this Website may be out of date, and Careerswitch Limited is not obliged to update such material. Careerswitch Limited has not independently verified any information contained in the Website. When using this Website you shall exercise caution and common sense and be alert to the risk that other persons using this Website may be acting under false pretences. By your use of this Website you (a) accept this risk and (b) agree that Careerswitch Limited shall not be responsible for any acts or omissions of others.
8.2 The material on this Website is provided "as is", without any conditions, representations, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Careerswitch Limited provides you with this Website on the basis that Careerswitch Limited excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
9. Liability
Careerswitch Limited, any other party (whether or not involved in creating, producing, maintaining or delivering this Website) and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party whether in tort (including without limitation negligence), contract or otherwise in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
9.1 Nothing in this legal notice shall exclude or limit Careerswitch Limited's liability for:
9.1.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
9.1.2 fraud; or
9.1.3 misrepresentation as to a fundamental matter; or
9.1.4 any liability which cannot be excluded or limited under applicable law.
9.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9.3 Careerswitch Limited excludes, to the extent legally possible, all liability it may owe to you as a result of your acceptance of a job obtained via the Website.
9.4 Careerswitch Limited shall not be liable for any loss resulting from the transmission of electronic data via this Website including where such data is intercepted or misdirected and all such risk shall be borne by you.
9.5 Careerswitch Limited shall not be liable to any advertiser in relation to the use by it of any CV provided by a user of this Website.
9.6 If you have any dispute with one or more users of the Website, you release Careerswitch Limited from all 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.
9.7 Careerswitch Limited shall not be liable to any user for any direct, indirect or consequential loss or damage incurred by any user as a result of information concerning such user being accessed or obtained by any other user, whether or not such information was obtained in accordance with these terms or the Company's Privacy Policy.
10. Confidential Information
10.1 Careerswitch Limited shall use its reasonable endeavours to ensure that the personal information supplied by you to it is kept confidential but where you have consented to the onward supply of any information you have supplied to Careerswitch Limited nothing in these terms of use shall prevent Careerswitch Limited from passing your details to the relevant advertiser or other third parties.
10.2 Any use of personal information by Careerswitch Limited shall be performed in accordance with the Careerswitch Limited Privacy Policy.
11. Termination
11.1 Careerswitch Limited may, using its absolute discretion, decide to terminate your registration and/or deny you access to the Website or any part of it at any time.
12. Governing Law and Jurisdiction
12.1 These terms of use are governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts, provided always nothing will limit the right of Careerswitch Limited from obtaining interlocutory relief against you to protect any intellectual property rights in any other court of competent jurisdiction or concurrently in more than one court of competent jurisdiction.
12.2 You confirm that you are accessing this Website from the United Kingdom. You are not permitted to use this Website from outside the United Kingdom*.
Issue Date: 1st February 2009
*If a user uses this website from outside England and Wales, he can sue the client if the website/terms do not comply with his local law. If he is a consumer, he can also claim that his local law applies - see guidance
PART 2: RECRUITER TERMS
1. General Definitions
In these terms and conditions:
a. 'Advertiser Interface' means the mechanism provided via the Drivingjobs.co.uk website by which a Customer may amend, modify or remove Job Posts;
b. 'Advertising Period’ means a period of 45 days or such other period as may be agreed between the Company and the Customer;
c. ‘Company’ means the company which owns the website ‘Drivingjobs.co.uk’, Careerswitch Ltd company registration number 06068364 registered address ARRAM BERLYN GARDNER, 30 CITY ROAD, LONDON EC2Y 2AB ;
d. 'Customer' means any organisation, person or company which purchases Services from the Company;
e. 'Job Post’ means a posting detailing a job vacancy sent by the Customer to the Company for display on Drivingjobs.co.uk;
f. 'Job Post Acknowledgement' means an email confirming the acceptance of the Job Post by the Company sent to the Customer and confirming the application of these terms to the supply of the Services;
g. 'Job Posting Rules' means the rules applied to Job Posts by the Company which form part of these terms and conditions and can be viewed in full here;
h. 'Services' means all recruitment products and services provided by the Company to the Customer from time to time;
i. 'Website Terms of Use' means the terms of use and Privacy Policy agreed to by the Customer when registering to use Drivingjobs.co.uk as amended from time to time by the Company.
2. Incorporation of the Website Terms of Use
a. The Customer agrees that it has read and understood the Company's Website Terms of Use and that the Website Terms of Use are explicitly incorporated into these terms and conditions.
b. If any provisions of the Website Terms of Use conflict with provisions in these terms and conditions, the provisions of these terms and conditions shall prevail.
3. The Services
When the Customer registers with the Company, the Customer will gain access to additional areas and services of the Drivingjobs.co.uk website (as determined by the Company in its sole discretion) which may include:
i. Job Post Service
a. The Company shall issue a Job Post Acknowledgement when the Company has approved the job vacancy sent by the Customer, such approval to include checking compliance with the Job Posting Rules.
b. The Company reserves the right to display any Job Post on Drivingjobs.co.uk in a manner and format determined by the Company in its absolute discretion.
c. The Company may refuse to display, or withdraw from display, a Job Post after the issue of a Job Post Acknowledgement if in the Company's opinion the Job Post does not comply with the Job Posting Rules or for any other reason.
d. The Company shall endeavour to display any Job Post on Drivingjobs.co.uk as soon as reasonably possible after issue of the Job Post Acknowledgement.
e. A Job Post will be displayed on Drivingjobs.co.uk for a maximum period equal to the Advertising Period after which the Job Post may be removed from display by the Company.
f. The Company may extend or reduce the Advertising Period following agreement with the Customer. The Company will charge the Customer for any extension of the Advertising Period in relation to a Job Post as if it is a new Job Post.
g. The Customer shall contact the Company if the content of the Job Post requires editing; all alterations to the Job Post are at the full discretion of the Company.
h. The Job Post may be classified as Job of the Week which will place the Job Post in a format selected by the Company at the top of the homepage of www.drivingjobs.co.uk for 7 consecutive days. The 7 sevent consecutive days will commence at a point suitable to the Company. All dates and information provided to the Customer will be approximate and subject to change by the Company.
i. A Job Post may be classified as Urgently Required for the initial 10 days of the Advertising Period by a star or otherwise to the left of the listing within the results and being positioned above Job Posts which are not Urgently Required for the day or the Job Post (Urgently Required Status). The Company reserves the right to adjust any aspect, feature or duration of the promotion of jobs with Urgently Required Status. After losing Urgently Required Status the Job Post will stay on the website for the remainder of the Advertising Period.
j. Each Job Post shall be identified by a unique Drivingjobs.co.uk ID number. This ID number should be quoted in all correspondence with the Company.
k. Access to Job Seekers through the Drivingjobs.co.uk and other services specified on Drivingjobs.co.uk from time to time.
The Company reserves the right to offer additional recruitment services at its sole discretion to the Customer at any time. The specification and price of any such additional recruitment services will be defined at the point of purchase by the Customer and will follow the general terms and conditions within this document.
4. Ad hoc Reporting & Subscription Clients
a. The Company may, on an ad hoc basis and without charge if so determined by the Company, provide the Customer with data in connection with the performance of a Customer's Job Post. Any such data provided is approximate, subject to change and its reliability is not warranted by the Company.
b. The Company may provide paid access to Job Postings and candidate details through the website. All data provided within this interface is approximate and any information must be verfied by the Customer. The customer accepts full responsibility for the use and interpretation of any data provided by the Company as a condition of accessing the service.
c. Subscription is calculated on a rolling 31 day basis ("Subscription Month") not a calendar month basis. Customers are billed on the first day of the Subscription Month and then repeatedly on the first day of the next Subscription Month. Customers may cancel at any point during the Subscription Month so long as they pay for the current Subscription Month. Termination notice is to be made through the contact us form or by email.
d. In the event that the Customer is offered any free advertising, job postings, job promotions or any other incentives, these will only be valid within the Subscription Month they are issued and will not roll over between Subscription Months. For example, if a Customer becomes a subscription client and recieves 2 free Urgently Requireds promotions each Subscription Month, these 2 promotions will not roll over into subsquent Subscription Month. There will only ever be 2 promotions avialable to the Customer each Subscription Month. It is the choice of the Customer to use or otherwise loose any incentives valid within the Subscription Month.
e. The Company may choose to offer promotions from time to time which enables the Customer to relist the Job Post at no charge in the event the Customer recieves no applications from Job Seekers. This offer cannot be used in conjunction with any other offers. The Customer must ensure the Job Posting complies with the Job Posting Rules at all times.
f. All offers and promotions are provided at the full discretion of the Company and may be withdrawn or modified in any manner by the Company without informing the Customer. Offers cannot be used in conjunction with other offers or any discounts or promotions offered by the Company.
5. Prices
a. Except in cases of obvious error, the Customer shall pay the Company the price quoted to the Customer via Drivingjobs.co.uk at the point of purchase.
b. The Company reserves the right to vary the price, the Services and/or the Advertising Period from time to time without notifying the Customer. No such variations shall be effective in relation to Job Posts displayed prior to the effective date of the variation.
c. Prices are confidential and are not to be disclosed by the Customer.
d. A minimum fixed fee of £10 per Job Post will apply if no price has been quoted.
e. All amounts payable under these terms and conditions are exclusive of VAT which shall be payable by the Customer at the prevailing rate.
6. Payments
a. The Customer shall pay for each Job Post by credit or debit card at the point of submission of the Job Post.
b. Online payments are made by credit or debit card using Sage Pay (formally Protx) secure transaction system. For more information please go to Sage Pay web site www.sagepay.com.
c. The Company assumes no responsibility for the correct functioning of the Sage Pay service or any information or claims made by Sage Pay.
d. The Customer uses the Sage Pay service under the terms and conditions of use specified by Sage Pay and the Company accepts no liability for any direct or indirect loss howsoever caused as a consequence of the Customer's use of the Sage Pay service.
e. The Company may agree other payment mechanisms with the Customer where appropriate and where invoice based payment is made available all invoices are payable within 28 days from date of the invoice.
f. Late payment by the Customer will entitle the Company to suspend provision of the Services and/or remove any or all Job Posts submitted by the Customer from display on Drivingjobs.co.uk.
g. The Customer will be liable to pay interest on late payment of sums owing to the Company at the rate of 3% above HSBC Bank plc's base rate.
7. Refunds
a. The Company does not pay refunds on any submitted job postings that contravene its Job Posting Rules.
b. Removal of a Job Post from display on Drivingjobs.co.uk for any reason prior to the expiry of the Advertising Period shall not result in any refund to the Customer and, at the Company's absolute discretion, may result in the withdrawal of any discount offered or applied to other Job Posts placed by the Customer.
8. Termination
a. If the Company has issued a Job Post Acknowledgement the Customer may not withdraw a Job Post without the consent of the Company.
b. The Company is entitled to terminate the provision of all or any part of the Services immediately upon service by it of written notice to the Customer if:
1. the Customer, in the reasonable opinion of the Company, is in material breach of these terms and conditions and has not remedied such breach within seven days of notice in writing of the breach by the Company, or
2. the Customer ceases to trade, becomes insolvent or goes into liquidation.
b. A Customer which is using the monthly subscription service offered by the Company may cancel at any point so long as they pay for the full month in which they cancel. The Customer will loose any free advertising or incentives upon cancellation
9. Job Post Editing Restriction
a. Job Posts cannot be re-submitted or modified in any way other than those allowed through the Advertiser Interface on Drivingjobs.co.uk
b. Any modifications within the Advertiser Interface are made at the Customer's risk and may result in a Job Post being lost, deleted, cancelled or displaying incorrect information; the Customer accepts that the Company will not be obliged to provide a refund in any of these circumstances.
10. Employment agencies and employment businesses
IMPORTANT NOTE TO EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESSES:
All employment agencies and employment businesses are required to identify themselves during the advertiser registration and/or Job Post process by selecting from a drop-down menu. Failure to do so may result in the display of a Job Post being postponed until full information is provided or a Job Post being removed altogether without a refund.
a. If the Customer is an employment agency or an employment business (as defined by the Employment Agencies Act 1973 ('the Act')), the Customer agrees to comply with the Act and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 ('the Conduct Regulations') in all relevant respects.
b. Without prejudice to the generality of clause 10.a, if the Customer is an employment agency or an employment business under the Act, it is the Customer's responsibility to ensure that all Job Posts it displays on Drivingjobs.co.uk comply with Regulation 27 of the Conduct Regulations.
11. Content and Format of Job Posts
a. The Company has very stringent rules concerning the content and format of Job Posts displayed on Drivingjobs.co.uk. These rules are referred to as Job Posting Rules and must be accepted by the Company before a Job Post is displayed on Drivingjobs.co.uk.
b. The Customer agrees that the Company may at its discretion and without liability to the Customer remove from Drivingjobs.co.uk any Job Post which breaches the Job Posting Rules.
c. The Job Posting Rules may change from time to time and it is the Customer's responsibility to refer to them regularly.
d. The Company reserves the right to edit or reject Job Posts it considers illegal (including, without limitation, those it considers to be unlawfully discriminatory) without refund and to pass the Customer's details and IP address on to any law enforcement agency.
e. If Customer submits a Job Post to Drivingjobs.co.uk which provides false contact details or impersonates another party, the Company reserves the right to pass the Customer's details and IP address on to the aggrieved third party, their agents and/or any law enforcement agency.
Click here to see our Job Posting Rules.
12. Dealing with Job Seekers
a. The Customer agrees to treat any job seekers who respond to a Job Post fairly and professionally and not do anything which may bring the Company or Drivingjobs.co.uk into disrepute.
b. The Company does not guarantee any minimum number of applications in response to a Job Post or warrant that any applications received will be from persons suitable for the job advertised.
c. It is the responsibility of the Customer to verify information provided by job seekers and carry out such checks and procedures as are necessary to ensure that job seekers have the licences and qualifications they claim and are suitable for the job advertised.
13. Accessing Drivingjobs.co.uk and Services
It is the responsibility of the Customer to ensure it has appropriate equipment and can access and use the Services. During registration the Customer selects a password to access the Services provided by the Company. The Customer must ensure that its login and password details are kept confidential. The Customer may if permitted by the Company access the Company database of job seekers for the sole purpose of seeking job seekers to fill real and existing jobs. The Customer must treat the information in the Company database as confidential, and must not copy any information from the database or record or retain any information from the database or disclose such information to any third party.
14. Linking to other sites
a. The Company reserves the right to remove from any Job Post any advertisement which contains content or links to a site which, in the opinion of the Company, is defamatory, illegal or objectionable or might bring the Company or Drivingjobs.co.uk into disrepute.
b. The Customer shall indemnify the Company from and against all costs, claims, damages, losses, expenses or liability resulting from any claim brought by a third party against the Company arising from, or connected to, content or links contained in Job Posts submitted by the Customer.
15. Third party sites
The Customer hereby consents to the Company advertising vacancies posted on Drivingjobs.co.uk by the Customer being displayed on such other third party recruitment websites as the Company may in its absolute discretion decide is appropriate.
16. Limitation of liability
THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF THIS CLAUSE 16
a. THIS CLAUSE 16 SETS OUT THE ENTIRE LIABILITY OF THE COMPANY (INCLUDING ANY LIABILITY FOR THE ACTS OR OMISSIONS OF ITS EMPLOYEES, AGENTS, CONSULTANTS, AND SUBCONTRACTORS) TO THE CUSTOMER IN RESPECT OF:
1. ANY BREACH OF THESE TERMS AND CONDITIONS;
2. ANY USE MADE BY THE CUSTOMER OF THE SERVICES OR ANY PART OF THEM; AND
3. ANY REPRESENTATION, STATEMENT OR TORTIOUS ACT OR OMISSION (INCLUDING NEGLIGENCE) ARISING UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS.
b. ALL WARRANTIES, CONDITIONS AND OTHER TERMS IMPLIED BY STATUTE OR COMMON LAW ARE, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCLUDED FROM THE THESE TERMS AND CONDITIONS.
c. NOTHING IN THESE CONDITIONS LIMITS OR EXCLUDES THE LIABILITY OF THE COMPANY:
1. FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE; OR
2. FOR ANY DAMAGE OR LIABILITY INCURRED BY THE CUSTOMER AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION BY THE COMPANY.
d. THE COMPANY, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING DRIVINGJOBS.CO.UK), AND ANY OF THE COMPANY'S GROUP COMPANIES AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO THE CUSTOMER OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH DRIVINGJOBS.CO.UK IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF DRIVINGJOBS.CO.UK, ANY WEBSITES LINKED TO DRIVINGJOBS.CO.UK OR THE MATERIAL ON SUCH WEBSITES.
e. IF THE CUSTOMER'S USE OF MATERIAL ON DRIVINGJOBS.CO.UK RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, SOFTWARE OR DATA, THE CUSTOMER ASSUMES ALL COSTS THEREOF.
f. IF ANY EXCLUSION CONTAINED IN THESE TERMS SHALL BE HELD TO BE INVALID FOR ANY REASON AND DRIVINGJOBS.CO.UK BECOMES LIABLE FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO £100.
17. Indemnity
The Customer shall indemnify the Company from and against all costs, claims, damages, losses, expenses or liability resulting from any claim brought by any person against the Company arising from the Customer's breach of these terms and conditions.
18. Severability
a. If any provision (or part of a provision) of these terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
b. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
19. Notices
a. All notices from the Customer to the Company shall be in writing addressed to the Directors, Careerswitch Limited, ARRAM BERLYN GARDNER, 30 CITY ROAD, LONDON. EC2Y 2AB
b. All notices from the Company to the Customer shall be sent to the address of the Customer as notified by the Customer to the Company during the registration process.
20. The Company's right to vary these terms and conditions
The Company has the right to vary these terms and conditions from time to time.
21. Governing Law
These terms and conditions are governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts, provided always that nothing will limit the right of the Company from obtaining interlocutory relief against you to protect any intellectual property rights in any other court of competent jurisdiction or concurrently in more than one court of competent jurisdiction.