>> Local Jobs for Local People
Terms and Conditions
These terms and conditions are the contract between you and Solihull Jobs Ltd. By
visiting or using Our Website, or signing up for our Services, you agree to be bound by
them. We are Solihull Jobs Ltd a company registered in the UK. Our company no is
10421018. Our address is The Orchards Stratford Road, Hockley Heath, West Midlands.
Please read these terms carefully before registering to Our Website or using our
Services. If you do not agree with any part, you should leave Our Website and stop using
the site or the Services immediately.
These are the agreed terms
1.
Definitions
“Content”
means the textual, visual or aural content that is encountered as part of
your experience on Our Website. It may include, among other things: text, images,
sounds, videos and animations. It includes content Posted by you. It does not include
content that is solicited by us either for maintenance of customer records or with a view
to submission to third parties in the course of our business.
"Intellectual Property" means intellectual property owned by us, of every sort, whether
or not registered or registrable in any country, including property of kinds coming into
existence after today; and including, among others, patents, trade marks, unregistered
marks, designs, copyrights, software, domain names, discoveries, compilations,
creations and inventions, together with all rights which are derived from those rights.
“Job Posting” means Content Posted by a Recruiter in the style regulated by Our
Website, to advertise for a prospective jobseeker. As a verb it also refers to the action of
placing such Content.
“Jobseeker”
means a person registered to use Our Website and/or our Services to
find work.
“Our Website” means any website or service designed for electronic access by mobile or
fixed devices which is owned or operated by us or any member of the Solihull Jobs group
of companies. It includes all of the web pages controlled by us.
"Post" means place on or into Our Website any Content or material of any sort by any
means.
"Recruiter" means a person who posts a job vacancy or advert on Our Website.
“Services” means all of the services available from Our Website, whether free or
charged.
2.
Interpretation
In this agreement unless the context otherwise requires:
2.1
a reference to a person includes a human individual, a corporate entity and any
organisation which is managed or controlled as a unit.
2.2
in the context of permission, “may not” in connection with an action of yours,
means “must not”.
2.3
the headings to the paragraphs in this agreement are inserted for convenience
only and do not affect the interpretation.
2.4
any agreement by any party not to do or omit to do something includes an
obligation not to allow some other person to do or omit to do that same thing.
2.5
this agreement is made only in the English language. If there is any conflict in
meaning between the English language version of this agreement and any version or
translation of this agreement in any other language, the English language version shall
prevail.
3.
Basis of Contract
3.1
Our Website is a market place for Jobseekers to meet prospective recruiters.
3.2
We do not offer the Services in all countries. We may refuse your Posting if you
live in a country we do not serve.
3.3
Use of Our Website may be unlawful in some countries by some people. You are
responsible for your compliance with the laws of your country.
3.4
In entering into this contract you have not relied on any representation or
information from any source except the definition and explanation of the Services given
on Our Website.
3.5
Subject to these terms and conditions, we agree to provide to you some or all of
the Services described on Our Website at the prices we charge from time to time.
3.6
Some of our Services are now or may in future, be available to you only subject to
additional terms. Those terms will be set out on Our Website. You now agree that if you
choose to use any such service, the relevant terms will become part of this agreement.
3.7
We are not a party to any transaction between a Recruiter and a Jobseeker.
3.8
You acknowledge that you understand exactly what is included in the Services
and you are satisfied that the Services are suitable and satisfactory for your
requirements;
3.9
So far as we allow use of our Intellectual Property, we grant a licence to you,
limited to the terms set out in this agreement.
3.10
The contract between us comes into existence only when we write to you to
confirm that we agree to provide to you the Service you want. Your payment does not
create a contract. If we decline to provide a Service we shall immediately return your
money to your credit card.
3.11
We may change this agreement and / or the way we provide the Services, at any
time. If we do:
3.11.1
the change will take effect when we Post it on Our Website.
3.11.2
you agree to be bound by any changes.
4.
Your account and personal information
4.1
When you visit Our Website, you accept responsibility for any action done by any
person using your name, account or password. You should take all necessary steps to
ensure that the password is kept confidential and secure and should inform us
immediately if you have any reason to believe that your password has become known to
anyone else, or if the password is being, or is likely to be, used in an unauthorised
manner.
4.2
You agree that you have provided accurate, up to date, and complete
information about yourself. We are not responsible for any error made as a result of
such information being inaccurate.
4.3
You agree to notify us of any changes in your information immediately it occurs.
If you do not do so, we may terminate your account.
5.
Your account: registration terms
5.1
Details of the cost and procedure to register an account are as set out on Our
Website and accordingly updated from time to time.
5.2
Payment for registering an account is for a fixed period of time. At least two
weeks before expiry of that period (12 month accounts only) we shall send you a
message to your last known email address to tell you that your subscription is shortly to
expire and inviting you to renew. An invoice for a new period will be included. All other
accounts will expire and the onus is on the Client to renew.
5.3
The Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013 give you 14 days within which you may cancel your Solihull Jobs
registration and ask for a full refund of your money. However, our subscribers want to
use our Services immediately. For that reason our Service is designed so that you can
start immediately - or as soon as we are reasonably able to deliver it.
5.4
So if you wish to subscribe, you must first instruct us to allow you to use our
Service immediately, knowing that you will lose your right to the 14 day “cooling off”
period.
5.5
You do not have to take any action for this to apply. By accepting these terms
and conditions, you do instruct us to Solihull Jobs Service. You know that by doing so,
you may not be entitled to a refund.
5.6
Apart from your cancellation right, termination of your account will be regulated
by this contract set out in paragraph 15 below.
5.7
We reserve the right to modify the registration terms and to change the terms
and conditions of this agreement at any time, without notice. Your continued use of Our
Website after such modifications shall be deemed an acceptance by you to be bound by
the terms of the modified agreement. The terms that apply to you are those posted
here on Our Website on the day you register your account.
5.8
We reserve the right to share any posts/adverts submitted to our website to our
Facebook pages for general viewing and you accept that this may create interest or
contact from those using our Facebook pages from those who are not registered with
our website.
6.
The price
6.1
The prices payable for Services are clearly set out on Our Website.
6.2
The price charged for any Services may differ from one country to another. You
may not be entitled to the lowest price unless you reside in the qualifying country.
6.3
Prices are inclusive of any applicable value added tax or other sales tax.
7.
If you buy Services as a consumer
This paragraph applies if you buy as a consumer as defined in the Consumer Contracts
(Information, Cancellation and Additional Charges) Regulations 2013 provided those
regulations apply to the transaction concerned, then the following terms apply to the
contract.
7.1
We now inform you that information relating to all aspects of our Services is not
in this document but in our marketing material, whether that is in the medium of Our
Website or in hard copy.
7.2
The following rules apply to cancellation of your order:
7.2.1
If you have ordered our Service but we have not yet started to work for you, you
may cancel your order without giving a reason, at any time within 14 days of your order.
You will have no obligation and we will return any money due to you.
7.2.2
If you want us to start work before 14 days has passed, you can opt out of your
cancellation right. To do that you have to instruct us to start your work as soon as we
can. We have provided a form and a full explanation of the procedure at the end of this
document.
7.2.3
If you have ordered our Service and we have started to work for you, you may
cancel your order without giving a reason, at any time within 14 days of your order. You
must tell us that you wish to cancel.
7.2.4
If you do so, you will owe us for work done to the date of cancellation and any
money spent on your behalf.
7.3
In any of the above circumstances, we will return any money due to you within 14
days.
7.4
Free Services (if any) are not covered by the Regulations.
8.
Renewal payments
8.1
At least four weeks before expiry of the period for which you have paid, we shall
send you a message to your last known email address to tell you that you licence to use
the Services is shortly to expire and to invite you to renew. An invoice for the new period
will be included.
8.2
At expiry of your Solihull Jobs subscription we shall request payment of the sum
specified on the invoice sent earlier and shall confirm the renewal of your Solihull Jobs
subscription for a further period by sending you an email message.
8.3
Other than the limitation set out above Solihull Jobs subscription is non-
refundable and non-transferable.
9.
Security of your credit card
We take care to make our Website safe for you to use.
9.1
Card payments are not processed on a page controlled by us. We use one or
more online payment service providers who will encrypt your card or bank account
details in a secure environment.
9.2
If you have asked us to remember your credit card details in readiness for your
next purchase or subscription, we will securely store your payment details on our
systems. These details will be fully encrypted and only used to process your automatic
monthly payments or other transactions which you have initiated.
10.
How we handle your data
10.1
Our privacy policy is strong and precise. It complies fully with current UK law.
10.2
If you Post Content to any public area of Our Website it becomes available in the
public domain. We have no control who sees it nor what anyone does with it.
10.3
Even if access to your data is behind a user registration it remains effectively in
the public domain because someone has only to register and log in, to access it. You
should therefore avoid Posting unnecessary confidential information.
10.4
We have no specific plan to use your Content but we need the freedom to be
able to publicise our Services. You therefore now irrevocably grant to us the right and
licence to edit, copy, publish, distribute, translate and otherwise use any Content that
you place on Our Website, in the public domain and in any medium. You represent and
warrant that you are authorised to grant all such rights.
10.5
We will use that licence only for commercial purposes of the business of Our
Website and will stop using it after a commercially reasonable period of time.
10.6
You agree to waive your right to be identified as the author and your right to
object to derogatory treatment of your work as provided in the Copyright, Designs and
Patents Act 1988 s80.
10.7
You now irrevocably authorise us to publish feedback, comments and ratings
about your activity through Our Website, even though it may be defamatory or critical.
10.8
Posting Content of any sort does not change your ownership of the copyright in
it. We have no claim over it and we will not protect your rights for you.
10.9
You understand that you are personally responsible for your breach of someone
else’s intellectual property rights, defamation, or any law, which may occur as a result of
any Content having been Posted by you;
10.10
You accept all risk and responsibility for determining whether any Content is in
the public domain and not confidential.
10.11
Please notify us of any security breach or unauthorised use of your account.
10.12
We do not solicit ideas or text for improvement of our Service, but if you do send
to us material of any sort, you are deemed to have granted to us a licence to use it in the
terms set out at sub paragraph above.
11.
Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different
purposes. We have to regulate your use of Our Website to protect our business and our
staff, to protect other users of Our Website and to comply with the law. These
provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our
business vigorously. If we believe Content Posted breaches the law, we shall co-
operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content
or undertake any activity which is or may:
11.1
be unlawful, or tend to incite another person to commit a crime;
11.2
consist in commercial audio, video or music files;
11.3
be obscene, offensive, threatening, violent, malicious or defamatory;
11.4
be sexually explicit or pornographic;
11.5
use a Posting to solicit responses unconnected with the purpose of Our Website
or the terms proposed by this agreement;
12.
Security of Our Website
You will not:
12.1
link to Our Website in any way that would cause the appearance or presentation
of the site to be different from what would be seen by a user who accessed the site by
typing the URL into a standard browser;
12.2
download any part of Our Website, without our express written consent;
12.3
collect or use any jobseeker listings, service descriptions, or prices;
12.4
for any purpose use our name, any proprietary information (including images,
text, page layout, or form) of ours or of our affiliates in any way and in particular to
entice search robots to some other website
12.5
hide or remove the banner advertisements on any page of Our Website;
12.6
use on Our Website software which assists in performing any automated
operation.
13.
Storage of data
13.1
We may, from time to time, set a limit on the number of messages you may send,
store, or receive through the Service. We may delete messages in excess of that limit.
We shall give you notice of any change to your limit, except in an emergency.
13.2
We assume no responsibility for the deletion or failure to store or deliver email or
other messages.
13.3
You accept that we cannot be liable to you for any such deletion or failure to
deliver to you.
13.4
We maintain reasonable procedures for general backup of data for our own
purposes but we give no warranty that your data will be saved or backed up in any
particular circumstances unless we have made specific contractual arrangements with
you in writing.
14.
Termination
14.1
If you or we terminate your account, all your account information may be deleted
from our servers.
14.2
You may terminate this agreement at any time, for any reason, with immediate
effect. You may terminate the agreement either by sending notice to us by post or
email, or by completing the form on the Web Site and submitting it. We reserve the right
to check the validity of any request to terminate your account / membership /
subscription.
14.3
We retain the right, at our sole discretion, to terminate any and all parts of the
Services provided to you, without refunding to you any fees paid if we decide in our
absolute discretion that you have failed to comply with any of the terms of this
agreement.
14.4
Termination by either party shall have the following effects:
14.4.1
your right to use the Services immediately ceases;
14.4.2
we are under no obligation to forward any unread or unsent messages to you or
any third party;
14.5
In the event of such termination by us, we will within seven days refund to you
the balance of your subscription outstanding for any Service, pro rata with time not
elapsed. There shall be no re-imbursement or credit if the Service is terminated due to
your violation of the terms of this agreement.
15.
Interruption to Services
15.1
If it is necessary for us to interrupt the Services, we will give you reasonable
notice where this is possible and when we judge the down time is such as to justify
telling you.
15.2
You acknowledge that the Services may also be interrupted for many reasons
beyond our control.
15.3
You agree that we are not liable to you for any loss, foreseeable or not, arising
from any interruption to the Services.
16.
Intellectual Property
You agree that at all times you will:
16.1
not do anything which does or might reduce the value of our Intellectual
Property or challenge our ownership of it.
16.2
notify us of any suspected infringement of the Intellectual Property;
16.3
so far as concerns software provided or made accessible by us to you, you will
not:
16.3.1
copy, or make any change to any part of its code;
16.3.2
use it in any way not anticipated by this agreement;
16.3.3
give access to it to any other person than you, the licensee in this agreement;
16.4
not use the Intellectual Property except directly in our interest.
17.
Removal of offensive Content
17.1
For the avoidance of doubt, this paragraph is addressed to any person who
comes on Our Website for any purpose.
17.2
We are under no obligation to monitor or record the activity of any user of Our
Website for any purpose, nor do we assume any responsibility to monitor or police
Internet-related activities. However, we may do so without notice to you and without
giving you a reason.
17.3
If you are offended by any Content, the following procedure applies:
17.3.1
your claim or complaint must be submitted to us in the form available on Our
Website, or contain the same information as that requested in our form. It must be sent
to us by post or email.
17.3.2
we shall remove the offending Content as soon as we are reasonably able;
17.3.3
after we receive notice of a claim or complaint, we shall investigate so far as we
alone decide;
17.3.4
we may re-instate the Content about which you have complained or we may not.
17.4
In respect of any complaint made by you or any person on your behalf, whether
using our form of complaint or not, you now irrevocably grant to us a licence to publish
the complaint and all ensuing correspondence and communication, without limit.
17.5
You now agree that if any complaint is made by you frivolously or vexatiously you
will repay us the cost of our investigation including legal fees, if any.
18.
Disclaimers and limitation of liability
18.1
The law differs from one country to another. This paragraph applies to sales
throughout the EU.
18.2
All implied conditions, warranties and terms are excluded from this agreement. If
in any jurisdiction an implied condition, warrant or term cannot be excluded, then this
sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to
release that specific condition, warranty or term.
18.3
We make no representation or warranty that the Services will be:
18.3.1
useful to you;
18.3.2
of satisfactory quality;
18.3.3
fit for a particular purpose;
18.3.4
available or accessible, without interruption, or without error;
18.4
We claim no expert knowledge in any subject. We disclaim any obligation or
liability to you arising directly or indirectly from information you take from Our Website.
19.5
You agree that in any circumstances when we may become liable to you, the limit
of our liability is the amount you have paid us in the immediately preceding 12 month
period for the Services concerned.
18.6
We shall not be liable to you for any loss or expense which is:
18.6.1
indirect or consequential loss; or
18.6.2
economic loss or other loss of turnover, profits, business or goodwill, even if
such loss was reasonably foreseeable or we knew you might incur it.
18.7
This paragraph (and any other paragraph which excludes or restricts our
liability) applies to our directors, officers, employees, subcontractors, agents and
affiliated companies (who may enforce this provision under the Contracts (Rights of
Third Parties) Act 1999, as well as to us.
18.8
If you become aware of any breach of any term of this agreement by any person,
please tell us by email to solihulljobs@btinternet.com. We welcome your input but do
not guarantee to agree with your judgement.
19.
You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or
indirectly from:
19.1
your failure to comply with the law of any country;
19.2
your breach of this agreement;
19.3
a claim in contract or tort, arising from your use of the Services
19.4
any content you place on your own website which causes loss to us;
19.5
a breach of the intellectual property rights of any person;
19.6
and for the purpose of this paragraph you agree that the cost of our
management and technical time is properly recoverable and can reasonably be valued
at £100.00 per hour without further proof.
19.7
Although this agreement shall be interpreted in accordance with the laws of
England, software downloaded from or via Our Website may also be subject to export
control law of the United States of America or other jurisdictions. If you breach those
laws you will have committed an offence in that or those countries. By downloading or
using such software, you now represent and warrant that you are not located in, under
the control of, or a national or resident of any such country.
20.
Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the
Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
20.1
If you are not happy with our services or have any complaint then you must tell
us by email message to solihulljobs@btinternet.com.
20.2
If a dispute is not settled as set out above, we hope you will agree to attempt to
resolve it by engaging in good faith with us in a process of mediation or arbitration.
20.3
We can propose an ADR Provider or will listen to your proposal. If you are in any
way concerned, you should read the regulations at:
http://ec.europa.eu/consumers/odr/.
21.
Miscellaneous matters
21.1
You undertake to provide to us your current land address, e-mail address,
telephone and fax numbers as often as they are changed together with all information
that we may require to enable us to fulfil our obligations under this contract.
21.2
If any term or provision of this agreement is at any time held by any jurisdiction to
be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to
the extent minimally necessary to bring it within the laws of that jurisdiction and to
prevent it from being void and it shall be binding in that changed or reduced form.
Subject to that, each provision shall be interpreted as severable and shall not in any way
affect any other of these terms.
21.3
If you are in breach of any term of this agreement, we may:
21.3.1
publish all text and Content relating to the claimed breach, including your name
and email address and all correspondence between us and our respective advisers; and
you now irrevocably give your consent to such publication.
21.3.2
terminate your account and refuse access to Our Website;
21.3.3
remove or edit Content, or cancel any order at our discretion;
21.3.4
issue a claim in any court.
21.4
Any obligation in this agreement intended to continue to have effect after
termination or completion shall so continue.
21.5
No failure or delay by any party to exercise any right, power or remedy will
operate as a waiver of it nor indicate any intention to reduce that or any other right in
the future.
21.6
Any communication to be served on either of the parties by the other shall be
delivered by hand or sent by first class post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
21.7
This agreement does not give any right to any third party under the contracts
(Rights of Third Parties) Act 1999 or otherwise, except that any provision in this
agreement which excludes or restricts the liability of our directors, officers, employees,
subcontractors, agents and affiliated companies, may be enforced under that act.
21.8
The validity, construction and performance of this agreement shall be governed
by the laws of [England and Wales / Scotland / Northern Ireland] and you agree that any
dispute arising from it shall be litigated only in [England and Wales / Scotland / Northern
Ireland].
Notice of right of cancellation: Right to Cancel and Model Cancellation Form
Information about your statutory right to cancel
Your right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013, you have the right to cancel this contract within 14 days without
giving any reason.
The cancellation period will expire 14 days after the contract was made. That means you
can cancel before you have downloaded the product or we have delivered it to you.
Exception when you opt out
Before we agree to provide our service, we therefore ask that you give up your right to
cancel, as the law allows. If you do not agree, we shall not work for you.
Option 1
If you tick the box on our website to confirm acceptance of our contractual terms and
conditions, you:
•
confirm that you want us to supply service before the expiry of 14 days.
AND
•
confirm that you want us to start work for you in any service provision, whether
this is incidental to a product or sold separately.
AND
•
accept that you will lose your right to cancel the contract.
AND
•
understand that your agreement is a term of the contract between us.
I confirm that you have explained that by signing this form we will lose our right to
cancel the order within14 days.
I have read this agreement carefully. I/We understand and acknowledge that by signing
it we are committed to all its terms.
I instruct you to supply service to us as soon as you can.
Terms & Conditions
>> Local Jobs for Local People
solihulljobs.co.uk
Solihull Jobs Ltd Registered in England Wales 10421018
The Orchards Stratford Road, Hockley Heath, West Midlands.
.
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