TERMS AND CONDITIONS OF USE OF THE ABSOLUTE CAREERS WEBSITE
Thank you for visiting the Absolute Careers Limited (“Absolute Careers”) website ("Site").
Access to this Site, other than the home page, general information and registration pages is restricted to registered users of Absolute Careers.You are welcome to browse the home page, general information pages and to register for the services provided via this Site.
Everything on this Site, including our Services, is subject to our Terms and Conditions of Useand you should read these before going any further.You are treated as accepting them by using the Site in any way including browsing.The Terms and Conditions of Sale may also apply if you purchase goods and/or services through or via the Site. The Special Terms and Conditions apply to our corporate clients.
The Site was last updated on 15th January 2007
TERMS AND CONDITIONS OF USE
These are the terms and conditions of Absolute Careers for use of this Site and our Services.Absolute Careers reserves the right to make any changes to the Terms and Conditions of Use, Terms and Conditions of Sale and Special Terms and Conditions from time to time. By browsing the Site and/or using the Services you are accepting that you are bound by the current Terms and Conditions of Use, Terms and Conditions of Sale and Special Terms and Conditions (where applicable). You should check these each time you revisit the Site.
Variations to the Terms and Conditions of Use, Terms and Conditions of Sale and Special Terms and Conditions, whether in relation to any sale contract or otherwise, shall only be effective if (a) reflected in a new version posted in this Site in accordance with the above paragraph or (b) specifically accepted and agreed by us in writing.
1. Definitions and Interpretation
1.1 In these terms and conditions, the following definitions apply:
"Absolute Careers” means Absolute Careers Limited (company no. 05688852), having its registered office at 150 Holborn, London, EC1N 2NS, England and its maintrading address at 93 Chancery Lane, London, WC2A 1DU, England . The VAT number of Absolute Careers is 888 1531 87
"Absolute CareersGroup” means Absolute Careers Limited and any subsidiary, holding or associated company.
"CV Database” means the database of CVs that is held and maintained by Absolute Careers in accordance with these Terms of Use and the Privacy Policy.
"Forum" means a community forum as described in section 4 below.
"Products" means any goods that are offered for sale through or via the Site.
"Services" means the services made available and provided by Absolute Careers to registered users through or via the Site, including but not limited to providing clients with access to the CV Database and hosting job advertisements and postings, and making online psychometric and other employee competency tests available to applicants.
"Site" means this website of Absolute Careers.
"Special Terms" means the Special Terms and Conditions (below).
"Terms of Sale" means the terms and conditions of sale (below).
"Terms of Use" means these terms and conditions of use of the Site.
"We/us/our" means Absolute Careers.
1.2 Interpretation
In these terms, a reference to any statute or statutory provision includes a reference to it as from time to time consolidated, modified, re-enacted (with or without modification) or replaced; and reference to a person includes all forms of legal entity including an individual, company, unincorporated association, governmental entity and a partnership.The words "other", "otherwise", "include", "including" and "in particular" are not to be construed so as to limit the generality of any words preceding them and paragraph headings are to be ignored in construing these terms.
2. Intellectual Property
2.1 All copyright, database rights, trade marks and other intellectual property rights in any and all aspects of the Site (including text, graphics, photographs, other images and sound and their selection and arrangement, all software (including compilations, underlying source code and applets) and all other material on the Site is either owned by Absolute Careers and/or its affiliates or have been licensed to Absolute Careers and/or its affiliates so that Absolute Careers and/or its affiliates can use such material as part of its Site.
2.2 You are only allowed to use this Site and the material contained in the Site as set out in these Terms of Use.
3. What you are allowed to do
3.1 You may only use the Site, the material contained in the Site and our Services in accordance with these Terms of Use and, where applicable, the Special Terms.If you wish to do anything else you must obtain the written permission of Absolute Careers.
3.2 All users may browse the homepage, general information and registration pages. Other parts of the Site may only be accessed by registered users.
3.3 Certain parts of the Services are payment-only in which case the Terms of Sale will also apply.
3.4 You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations.
3.5 If You are an applicant, You may electronically copy and print a single hard copy of any individual page of this Site for your personal, non-commercial use, for the purposes of seeking employment opportunities, placing an order with Absolute Careers or using this Site as a shopping resource, as long as you do not do any of the things set out under "What You are Not Allowed to Do" below.
3.6 If You are a client, You may electronically copy and print a single hard copy of any individual page of this Site for your internal business use, for the purposes of seeking and potentially recruiting candidates for employment, placing job advertisements, or otherwise using the applicable Services offered on this Site, as long as you do not do any of the things set out under "What You are Not Allowed to Do" below.
What you are not allowed to do
4.1 You may not do any of the following except to the extent expressly set out in these Terms of Use or with our express written permission (in which case you must comply with any terms relating to such use that we specify).
(a) You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), reproduce, alter, modify, tamper with in any way or otherwise use any material contained in the Site except as set out under "What You Are Allowed to Do" above.
(b) You are not allowed to copy or otherwise use any copyright, trade mark or other intellectual property notices (whether belonging to Absolute Careers or its affiliates or licensed to Absolute Careers or its affiliates by their third party rights owners for use on the Site) except as set out under "What You Are Allowed to Do" without the written permission of the owner of that trade mark, or to remove any such copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the Site.
(c) You are not allowed to include or create links to or from the Site.
(d) You are not allowed to copy or use any material from the Site for any commercial purpose.
4.2 You must not use any Service to:
(a) post, upload or otherwise transmit information, or written, graphic or photographic material that is obscene or pornographic, threatening, menacing, racist, offensive, defamatory or otherwise unlawful;
(b) upload any materials (including without limitation CVs, job advertisements or postings or any Community Forum contributions) in breach of these Terms of Use including any materials that are in breach of confidence or any third party intellectual property rights;
(c) download any file or materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used;
(d) harass, stalk, threaten or otherwise violate the rights of others;
(e) harm or threaten to cause harm to minors;
(f) impersonate anyone else or otherwise misrepresent your identity or status;
(g) hack into the Site or any other related computer system, make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying the Site or any other website or damage or destroy the reputation of Absolute Careers or any third party;
(h) collect and process others’ personal data except where this is expressly permitted by these Terms of Use or on the Site (in which case you must comply with any terms relating to such collection and processing that we specify);
(i) advertise or offer to sell products or services, except where this is expressly permitted by the Site (in which case you must comply with any terms relating to such use that we specify).
4.3 Absolute Careers accepts no obligation to screen or monitor any material on the Site either before or after it is posted.However, Absolute Careers reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to cancel your registration, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these Terms of Use or any breach of applicable law or regulation.Absolute Careers will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
5. Contract Formation and Governing Law
5.1 You may submit orders to Absolute Careers via the Site for the purchase of any Products and Services but no contract will subsist between you and Absolute Careers for the provision of any Products or Services unless and until Absolute Careers confirms, by email, the particulars of your order and gives you a reference number. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access it.
5.2 All contracts for the purchase of Products and/or Services are governed by the Terms of Sale(below) as well as these Terms of Use.In the event of any conflict between such terms and these general Terms of Use, the Terms of Sale shall apply.
5.3 In respect of any orders that are placed by telephone, by correspondence or in person, the standard Absolute Careers terms applicable to such orders in force from time to time shall apply to those orders (and only to those orders) instead of these Terms of Use and the Terms of Sale.
5.4 Information displayed on the Site relating to pricing and availability is subject to change by Absolute Careers without notice.
5.5 For the avoidance of doubt, any contract for the sale or hire of any Products and/or Services from the Site will be deemed to have been concluded in the United Kingdom .Further, any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England , and you and Absolute Careers irrevocably submit to the no-exclusive jurisdiction of the English courts.
6. Disclaimer as to information on Site
6.1 The information available through or via this Site (including but not limited to the CV's and the results of psychometricand other employee competency tests) is provided on an "as is" basis.Except for any liability in respect of fraudulent misrepresentation, Absolute Careers is not liable for any action you may take as a result of relying on any information provided in this Site or for any loss or damage suffered by you as a result of you taking this action.
6.2 Absolute Careers uses reasonable efforts to make sure that all material and information contained on the Site is correct but, subject to the above statement about fraudulent misrepresentation:
(a) Absolute Careers does not accept any liability for any error or omission in the material or information;
(b) All material and information contained on the Site is only provided for the purpose of providing information about Absolute Careers and the Products and Services its supplies;
(c) Absolute Careers does not make any representation, term or warranty of any kind in respect of the material or information.
6.3 Absolute Careers may correct any typographical error or other errors or omissions in any promotional literature, quotation or other document relating to the provision of Products and/or Services without any liability to its customers and clients.
7. Community Forums
7.1 We may make message boards, chat rooms, newsgroups and/or other forums (“Forums”) available to all users of the Site.Use of any Forum is subject to these Terms of Use and any specific directions or instructions given by Absolute Careers on this Site or otherwise from time to time.
7.2 The following rules will apply to all Forums, although there may be additional 'house rules' that you should also check on the applicable page of the Site.
(a) You must not post any objectionable, pornographic, offensive, threatening, menacing, racist, defamatory, obscene or otherwise unlawful content.
(b) Content must not be false, misleading or inaccurate.
(c) Contributions must not contain any URLs or links to external websites.
(d) Contributions containing languages other than English may be removed.
(e) Contributions must be civil, tasteful and relevant.
(f) No advertising is permitted except where expressly allowed by these Terms of Use, the Special Terms and/or elsewhere on the Site.
(g) You must have all necessary rights to post the content as set out in paragraph 10 below.
(h) You must not impersonate any other person.
8. Your personal information
8.1 Usage of your personal information is governed by Absolute Careers’ Privacy Policy, which forms part of these Terms of Use.In the event that Absolute Careers undergoes reorganisation or is sold to a third party, you agree that any personal information Absolute Careers holds about you may be transferred to that reorganised entity or third party.
9. Password
9.1 Following registration on the Site, you will be issued with an individual password which may be used to access the Site and those pages for which registration is required.You will use the password only for access to those applicable pages of the Site and not for any other purpose.
9.2 You must keep your password confidential at all times, and must not disclose the password or permit anyone else to use your password.Any breach of any of these Terms of Use by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these Terms of Use.
9.3 In the event of any failure or error in the operation of a password, you shall cease using the password and exit the Site immediately, and notify Absolute Careers of such failure or error.
9.4 You shall cease to use and delete the password from any of your records upon expiry or termination of your registration for whatever reason.
9.5 Absolute Careers reserves the right to change your password and user name at any time in its sole discretion.
9.6 You agree to notify Absolute Careers promptly of any changes to your registration details.
10. Your content
10.1 By submitting any content to the Site, including without limitation CVs, advertisements, job postings and contributions to any Forum, you grant us a royalty-free, sub-licensable, non-exclusive right and licence to use, reproduce, modify, adapt, publish and create derivative works from and to make your content available to registered users of the Site for the purposes of carrying out our Services and in accordance with the Privacy Policy.If you do not want to grant Absolute Careers the rights set out in this paragraph, please do not submit your content to the Site.
10.2 By submitting your content to the Site you:
(a) warrant that: (i) you have the right to make your content available to Absolute Careers for the purposes specified in the paragraph above; (ii) the content is not defamatory; (iii) the content is not false, misleading or inaccurate; and (iv) the content does not infringe any law;
(b) indemnify Absolute Careers and Absolute Careers Group for and against all legal fees, damages and other expenses that may be incurred by Absolute Careers and/or Absolute Careers Group as a result of your breach of the above warranty; and
(c) waive any moral rights in the content for the purposes of its submission to, publication and/or use by Absolute Careers on this Site in accordance with the licence set out in this paragraph above.
11. Third parties
11.1 The Site may include links to external sites and co-branded pages of other companies, whether affiliated with us or not.Any such links are included only to provide you with access to information, goods and services that you may find useful or interesting.Absolute Careers does not endorse and is not responsible nor liable for the content of any such external sites or for any products, services or information provided on or via those sites.
11.2 We will notify you if a third party is involved in a transaction provided on or via this Site and we may disclose your customer information related to that transaction to the third party seller.
12. Disclaimer and limitation of liability
12.1 You agree that your use of the Site and Services is on an “as is” and “as available” basis.On that basis, except as expressly set out in these Terms of Use and to the maximum extent permitted by applicable law, Absolute Careers does not make any representations or warranties or other terms in relation to to the Site or the Services (including any implied terms relating to quality, fitness for a particular purpose), or that anything on the Site will meet the employment, recruitment or other objectives of registered users.
12.2 For the avoidance of doubt, Absolute Careers liability for: (a) death or personal injury resulting from its negligence or that of its servants or agents; (b) breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by it under any agreement for hire or sale; (c) under Part I of the Consumer Protection Act 1987; (d) fraudulent misrepresentation or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by these terms and conditions, even if any other term of this agreement would otherwise suggest that this might be the case.
12.3 Subject to clauses 12.1 and 12.2, in no event shall Absolute Careers be liable (whether for breach of contract, tort (including negligence) or for any other reason) for any loss of profits, wasted time, sales or revenue, loss of goodwill, loss of or loss of the use of any software, data or computer equipment, loss of bargain, loss of opportunity, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.
12.4 Absolute Careers will not be liable to you for any breach of these Terms of Use that arises due to any circumstances which Absolute Careers cannot reasonably be expected to control.
12.5 Subject to clauses 12.1, 12.2 and 12.3, the total aggregate liability of Absolute Careers' and Absolute Careers Group to you, whether in contract, tort (including in negligence) or otherwise shall be limited as follows:
(a) In respect of registered users who have not paid for Services, to ?100;
(b) In respect of registered users who have paid for Services, in relation to all events occurring in any given period of 12 months, to the amount paid by registered users to Absolute Careers for the 12 month period in question.
13. Suspension and termination of Services
13.1 Access to or use of the Site or any Sites or pages linked to it will be on an "as is" basis and will not necessarily be uninterrupted or error free.
13.2 Absolute Careers may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time.
13.3 Absolute Careers may suspend or terminate your registration, your access and use of this Site and/or the provision to you of any Service with immediate effect in the event that you:
(a) breach any of these Terms of Use or Terms of Sale;
(b) are late in or do not pay any sums due to us; or
(c) cease to carry on your business or shall have a liquidator, receiver or administrative receiver appointed to you or over any part of your undertaking or asset or shall pass a resolution for your winding up (otherwise than for the purpose of a bona fide scheme or solvent amalgamation or reconstruction where the resultant entity shall assume all your liabilities) or a court of competent jurisdiction shall make an order, or shall enter into any voluntary arrangement with its creditors, or shall be unable to pay its debts as they fall due or similar in any other jurisdiction.
13.4 Absolute Careers may change the format and content of the Site from time to time.You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.
14. Enquiries or complaints
If you have any enquiries or complaints about the Site, any Services or someone else’s use of the Site then please address them to:
Absolute Careers Limited
Phone : 020 7821 4800
Email : info@justclick.co.uk
Address : 14-15 Lower Grosvenor Place, London, SW1W OEX, England
15. General and governing law
15.1 These Terms of Use form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter.
15.2 If any provision of these Terms of Use is found to be unenforceable, this shall not affect the validity of any other provision.
15.3 No delay, neglect, forbearance on the part of us in enforcing any term or condition shall constitute a waiver of or otherwise affect any right we have.
15.4 You agree that we may sub-contract the performance of any of our obligations or may assign any of our rights under the Terms of Use and/or Terms of Sale.
15.5 These Terms of Use shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
TERMS AND CONDITIONS OF SALE
These Terms of Sale govern all Products and Services you enter into a contract to purchase on this Site (a "Contract"). These terms are specific to Products but Contracts are also governed by the General Terms and Conditions above which you should also read.
1. Supplier of Products and Services
1.1 Unless specified otherwise, the Products and Services you purchase will be supplied by Absolute Careers which is located at the address set out in the Terms of Use above.
2. Description of Products and Services
2.1 Every care has been taken to describe the Products and Services on this Site accurately using current technology, but variations in actual products and services may occur.
3. Price and Payment Terms
3.1 The charges of Products and Services will be stated in the confirmatory email and are quoted inclusive of VAT applicable to supply in the UK .Where VAT does not apply a price adjustment will be made and a copy of your ex VAT invoice will be dispatched with your Products or with performance of the Services. The charges are subject to change without notice.Where a charge has been misquoted by Absolute Careers in the confirmatory email, Absolute Careers may cancel that order by notifying you.
3.2 We may either immediately charge you via http://www.justclick.co.uk/ or will invoice you for charges as soon as they become due.
3.3 Where we invoice you for charges:
(a) you must pay the invoices within 30 days of receiving them (and if we post them to you, you will be treated as having received them two working days later unless you can show that this was not the case);
(b) if you are late in paying any invoices, then we may charge interest on all unpaid amounts.Interest will be payable from the date of the invoice until the date of payment and will continue to be payable even if we obtain a judgment from a court in relation to any claim for payment of the invoice.The rate of interest will be 4% per year above the base rate for the time being of the National Westminster Bank plc.
3.4 We sellour Products and Services via telephone, email, mail and SMS as well asvia the Site.
4. Contracts
4.1 Contracts are formed in accordance with the timing and procedure set out in the Terms of Use above.
5. Payment
5.1 Payment for Products and Services will be made via the Site in accordance with the procedure explained in the Site.
6. Input of Incorrect Information
6.1 We cannot accept any liability for any failure to comply with specific instructions stated on this Site or for any incorrect information provided by the registered users or applicants and clients.
7. Stock and Delivery Dates
7.1 We cannot guarantee permanent or continuous availability of all Products. Dispatch times for all Products will be stated on the "shopping basket" and “final details” screens on the Site. Depending upon the method of dispatch chosen and the delivery address, delivery of products will normally be approximately 10 working days after your order has been confirmed. We will only dispatch when all items of the order have become available in stock and as such the delivery time for the Products will be around 10 working days after the longest dispatch time specified on those screens. Non-stock items will be ordered in and will therefore carry longer delivery times to stock items.In addition special orders and one-off products may take longer, possibly more than 30 days.
8. Delivery address
8.1 We will deliver Products to the address you supply when ordering on the Site. You must provide an address where someone will be in (work address, neighbour, friend etc.). If something is not a stock item, we will send it to you as soon as it is available.
9. Delivery charges
9.1 Any delivery charges vary by location and type and combination of Products ordered. Delivery charges will be notified to you on the Site when you place an order and confirmed to you in the confirmatory email.
10. No overseas orders
10.1 We only deliver Products to United Kingdom addresses.
11. Risk and title
11.1 Products will be at your risk from the time of delivery.
11.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
12. Cooling off period
12.1 When we enter into a Contract we will send you an email (on the email address you supply when ordering on the Site) confirming details of the Products and Services ordered and the Contract. You will then have a "cooling off" period during which you have a right to cancel the Contract without charge. You may exercise that right by notifying us by email at management@justclick.co.uk. Following such notice you must return any Products covered by the cancelled Contract undamaged to us at the address set out in the Terms of Use. Following you exercising your right of cancellation we will cancel your registration and refund any payments made by you in respect of unused Services.
12.2 The cooling off period and related right to cancel will end: (i) in respect of Products, on the expiry of seven working days beginning with the date on which you receive the Products; and (ii) in respect of Services, on the expiry of the period of seven working days beginning with the date that you receive an email from us to confirm that a Contract subsists (in accordance with the Terms of Use).
13. General guarantee and returns policy
13.1 Without prejudice to your cooling off rights set out above, if you are not satisfied with any Product, please return it to us along with details of your Contract (date, product, your name) and we will, at our choice and subject to the Product being unused and in a resaleable condition, either exchange it or provide you with a refund. You should return any such Products to:
Absolute Careers Limited
93 Chancery Lane
London
WC2A 1DU
England
13.2 You are responsible for the costs of returning the Products. We will process returns as soon as they arrive, except during extremely busy periods when there may be a short delay. We reserve the right to charge an administration fee for returns outside the cooling off period. The fee will be specified on the Site.
13.3 When returning Products on which you have received any promotional or other discount the refund will only cover the price you paid.
14. Transit
14.1 When sending a return (whether under your cooling off rights or otherwise), you must take reasonable care to see the Product reaches us undamaged and we therefore strongly recommend that you send it by registered post.
15. Statutory rights
15.1 The rights of cancellation and refund and any limitations on those rights expressed in these Terms of Sale do not affect your statutory rights.
15.2 Refunds for Products and Services purchased on this Site can only be credited to the credit or debit card originally used to make the purchase if you paid the charges via http://www.justclick.co.uk/ or by cheque if you were invoiced for the charges.
16. Your status
16.1 By placing an order through our , you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18years old; and
(c) You are resident in the UK .
17. Delay and failure to perform
17.1 Absolute Careers shall not be liable for any breach of any Contract which arises by reason of any delay in performing, or any failure to perform, any of its obligations in relation to any Products and Services, if the delay or failure was due to any cause beyond its reasonable control, including any failure in communications and internet downtime.
18. Representations
18.1 Our employees or agents are not authorised to make any representations concerning the Products and Services provided unless confirmed by Absolute Careers in writing. Subject to paragraph 12.1(d) of the Terms of Use (fraudulent misrepresentation), you acknowledge that, in entering into a Contract, you do not rely on any such unconfirmed representations.
SPECIAL TERMS AND CONDITIONS APPLICABLE TO CLIENTS
These Special Terms govern all clients who register to place job postings and advertisements on the Site and to access the Database.
1. Advertisements and job postings : All advertisements and job postings that are posted or uploaded to the Site are subject to the approval of Absolute Careers. We reserve the right at our sole discretion to cancel or reject an advertisement with immediate effect if Absolute Careers determines that you are in breach of any terms of this Site.
2. Access to CV Database : We grant you a non-exclusive, non-transferable and non-sublicensable licence to access the Database and use the CVs in the CV Database you obtain from the CV Database during the continuation of your registration solely for the purpose of selecting suitable candidates for job opportunities. You cannot sublicense or assign this licence, or otherwise pass on the content of any CV's in the CV Database to third parties.