By accessing www.chiefjobs.com (“website”) you are agreeing to the terms and conditions that appear below, whether or not you register as a candidate or advertiser.
The company may vary these Terms and Conditions from time to time.
Definitions
“company” means Chief Jobs.
“website” means www.chiefjobs.com
“www.chiefjobs.com” means a domain name and website owned by Chief Jobs.
“fees” means the fees set out on the Post a Job form.
“adverts” means any advertisements specified on the Post a Job form and permitted under these Terms and Conditions.
“term” means the period set out on the Post a Job form for which the client agrees to place advertising on the website.
“client” means the organisation specified on the Post a Job form purchasing the services of the website.
“defaulting party” means a company or individual who is in breach of any of its obligations under these terms and conditions.
“advertiser area” means the area of the website where client details are stored, modified and where adverts may be entered and amended prior to publishing.
“recruitment company” means any companies including recruitment & corporate organisations who are actively seeking a person or persons for employment.
“username” and “password” means any identifier used to access the website.
“Post a Job form” means the form specifying client details, specific adverts, term and any other service provided by the company to the client.
“software” means the computer code providing the functions within the website.
“user” means any person accessing and using the facilities of the website.
“services” means all the information provided within the website.
“Resume services” means the facility to store, amend, retrieve, search and gain access to CV’s stored.
“Third Party” means any business or service that is not directly or indirectly owned or managed by the company.
1. Introduction
As a user, you will be able to access material in some areas of the website without going through the registration process. Certain areas of the website are only open to you if you register and in accordance with these Terms and Conditions.
2. Services
2.1. The company shall publish on the website the adverts and provide Resume services in accordance with the client order form and Terms and Conditions.
2.2. The company shall use reasonable endeavours to publish each of the client’s adverts on the website commencing on a date specified within the client order form within one working day (Monday-Friday 9am-5.30pm excluding public holidays) of the client notifying the company that the advert is ready for publication. The company accepts no responsibility for its failure to adhere to such timescale if such failure arises for any technical reason or any other reason beyond the company’s reasonable control. The company shall allow access to the Resume services for on-line searches and provide copies of the requested Resume(s) in accordance with the client order form and these Terms and Conditions. The company makes no warranty whatsoever as to the availability or suitability of the candidate.
2.3. The company shall apply reasonable skill and care to the performance of its services under these Terms and Conditions.
3. Adverts
3.1. The company agrees to use reasonable endeavours to provide the services that it promotes. The company shall provide the client with full use of its advertising area. The company may, at its discretion and without recourse to the client, modify, withhold or place material submitted to the company on to any third party website. The company shall not be liable for any consequences, including financial loss or damages, arising from any client material submitted to the company, displayed on a third party website.
3.2. The client takes full responsibility for any person (whether or not authorised by the client) who uses the client’s username and password to access the website. The company shall not be liable for any consequences, including financial loss or damages, arising out of any third party using the client’s username or password to access the website. The client acknowledges that the company may refuse to post additional adverts once the agreed number of adverts has been published for the term. The client shall notify the company when the advert(s) is/are ready for publication on the website.
3.3. The client may use the advertiser area to create and edit adverts (up to a maximum of the number of credits available to the client) subject to the licence terms set out in clause 8.
3.4. The client represents, warrants and undertakes that each of the adverts:
(a) Will not contain obscene, indecent or any other unlawful material;
(b) Will not contain materials which infringe the copyright, trademark rights, moral rights or any other intellectual property rights of any third party;
(c) Will comply with all applicable legislation, codes and practices in the UK and in any other country to which the advert(s) is/are targeted relating to employment including without limit legislation regarding unlawful discrimination on the grounds of sex, racial or disability discrimination;
(d) Will not contain any defamatory material;
(e) Will not contain any computer virus;
(f) Will not contain any other material which is likely to harm the reputation of the company or the website;
3.5. If in the company’s reasonable opinion any advert(s) is/are likely to infringe any of the warranties and representations in clause 3.4, then the company may (without prejudice to its other rights and remedies) remove such advert(s).
3.6. The client shall indemnify and keep fully indemnified the company from and against all loss, actions, proceedings, claims, demands, costs (including without prejudice to the generality of this provision the legal costs of the company) awards and damages arising directly or indirectly as a result of any claim which, taking the claimants allegations to be true, would result in a breach by the client of clause 3.4.
3.7. The client may use such information directly or indirectly derived from the company, only for hiring purposes, recruitment services, human resource services and other advertising permitted on the website.
3.8. The client shall not distribute, disclose, transfer or sell any information to third parties or provide services in competition with or substantially similar to the services provided by the company.
3.9. The client shall not use information directly or indirectly derived from the website for any other purpose
4. Licence to use the website
4.1. The company grants to the client a non-exclusive right to use the software as permitted by the Terms and Conditions. The software is and remains the property of the company. The client obtains no rights in the website and software except the right to use as expressly granted in clause 4 and subject to the Terms and Conditions.
4.2. Any Job / Resume credits purchased by the client are valid for a maximum period of 12 months from the date of invoice.
4.3. The client may only use the software on the website to search, view, edit and create job adverts and also view and download Resume(s) from the candidate database.
4.4. The client shall not:
(a) download the software from the website;
(b) use, copy or transfer the software except as permitted by the Terms and Conditions;
(c) distribute, rent, loan, lease, sub-licence the software;
(d) alter, adapt, merge, modify or translate the software in any way for any purpose;to
(e) reverse-engineer, disassemble or decompile the software except as provided in section 50B of the Copyright, Designs and Patents Act 1988.
(f) allow any third party access to, or use of, the software.
(g) post, send, upload or otherwise transmit information/pictures that are obscene or pornographic, racist, offensive or otherwise unlawful.
(h) send or upload files as listed in clause 8 that contain software or other materials in breach of any intellectual property rights or in breach of confidence.
4.5. Upon termination of the agreement for any reason, the licence granted in Clause 4 shall automatically terminate and the client shall immediately cease to use the software and any such use of the software after termination is unlawful.
4.6 The company reserves the right to disclose any information as required by law, remove, refuse to post or edit any information and to take such action as maybe necessary to prevent any breach of these Terms and Conditions. The company will also fully cooperate with law enforcement and other relevant authorities regarding any investigation of suspected unlawful activity of network security.
5. Posting CV’s
5.1. Your CV may not contain:
URL(s) or link(s) to external websites to advertise your company or website, copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material) trade secrets (unless you own them or have the owner’s permission to post them), material that infringes on any other intellectual property rights, or on the privacy or publicity rights of others, anything that is sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive and/or anything that is embarrassing or offensive to another person or entity.
5.2. You may not use your Resume to:
Impersonate another person, living or dead, false, inaccurate or misleading information, advertisements or solicitations, business opportunities including chain letters, pyramid schemes, opinions, notices and/or e-mail processors.
The company will remove contact details and current employer from all documents posted. The full document will be emailed to the client once the client has requested the Resume document.
5.3 Your Resume must contain:
Sufficient detail to convey clearly your qualifications and work experience as a candidate for employment including any legal documentation relating to citizenship and/or work permits.
Accurate information of a living individual seeking employment on a full-time, part-time, Interim, Non-executive or contractual basis on his or her own behalf.
6. Fees
6.1. To open an account the client will need to complete the website registration process and sign a Post a Job form. All client signatures must be by a duly appointed and be an authorised representative of the client. Upon receipt of the client order form, the client will be allowed the management of their adverts and services within the advertiser area.
6.2. The company shall provide an invoice to the client for the fees indicated on the client order form, which will be paid as specified on the client order form. The company will display the adverts on the website in accordance with the timescales set out in Clause 2.2 above.
6.3. Value added tax, where applicable, shall be paid by the client, subject to the local law at that time.
6.4. In the case of a credit card transaction, once the customer/client has posted a job and accepted our terms and conditions, no refunds will be given after the credit card payment transaction has been completed.
7. Termination
7.1. The company may terminate these Terms and Conditions with immediate effect by giving written notice under the Terms and Conditions to the defaulting party if:
(a) The defaulting party is in breach of any of its obligations under these Terms and Conditions and;
if the breach is capable of remedy and has continued un-remedied for a period of twenty one days after the company has given notice to the defaulting party specifying the breach and the steps required to remedy it; or
(b) The defaulting party shall have a receiver or an administrative receiver appointed over it or over any part of its undertaking or assets or shall pass a resolution for winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction) or a court of competent jurisdiction shall make an order to that effect, or if the defaulting party shall become subject to an administrative order or shall enter into any voluntary agreement with its creditors or shall cease or threaten to cease to carry on business.
7.2. The expiry of the term or the termination of these Terms and Conditions (for any reason) shall;
(i) be without prejudice to any other rights or remedies which either the company or the client may be entitled to under these Terms and Conditions or at law;
(ii) not affect any accrued rights or liabilities which either the company or the client may then have; and
(iii) not affect the coming into or continuance in force of any provision of these Terms and Conditions which is expressly or by implication intended to come into or continue in force after such termination.
7.3. If on expiry of the term or termination of these Terms and Conditions (for any reason), the client has not posted the number of adverts then there will be no obligation on the company to extend the term or to refund any part of the fees.
7.4. The company may terminate these Terms and Conditions without giving notice to the client in the event that the client commits a material breach of these Terms and Conditions
8. Intellectual Property Rights
8.1. Subject to Clause 4, the entire copyright and any other intellectual property rights in the adverts throughout the world shall be and shall remain the exclusive property of the client.
8.2. The client grants the company a non-exclusive licence to publish the adverts on the website or any third party website as set out expressly within these Terms and Conditions, or with the prior written agreement of the client.
8.3. The entire copyright, database rights and any other intellectual property rights in the website (including any software) throughout the world and all rights in the domain name of the website, the name “chiefjobs.com” and all other trade marks of the company shall be and shall remain the exclusive property of the company or its licensors. Other than the rights expressly granted in these Terms and Conditions, the client obtains no rights to the website. All content included on the company website, such as text, graphics, logos, button icons, images, video and audio clips and software is the property of the company and is protected by U.K. and International copyright laws. The compilation (meaning the collection, arrangements and assembly) of all content on the website is the exclusive property of the company and protected by U.K. and international copyright law. All software on the website is the property of the company or its software suppliers and protected by U.K. and International copyright laws. Any other use, including the reproduction, display or performance of the content on the website is strictly prohibited. The client will supply and authorise use of digital image(s) to the requirements of the company for the sole purpose of branding advertised vacancies of the client. Should a client wish to have their corporate details made available within the directories, they will supply and authorise the use of all materials. It is the responsibility of the client to ensure that all adverts are amended where the criteria has changed, or removed from the system as soon as the advert is no longer required.
9. Confidentiality
9.1. The client undertakes to the company to keep confidential all information (written or oral) concerning the business or affairs of the company that it has received as a consequence of the discussions leading up to the Terms and Conditions or which it subsequently receives or creates as a consequence of the performance of these Terms and Conditions.
9.2. Clause 8.1 shall not apply to confidential information which the client is required to disclose by law or which the client can demonstrate was; (i) already in the client’s possession prior to its receipt from the company; (ii) was subsequently disclosed to it lawfully by a third party who did not obtain such confidential information (directly or indirectly) from the company; or (iii) was in the public domain at the time of receipt by the client or has subsequently entered the public domain other than as a result of a breach of clause 8.1 by the client.
10. Warranties and Liabilities
10.1. Except as expressly provided in these Terms and Conditions, all warranties and representations, express or implied and howsoever arising, in relation to the software, website and the provision of services under the Terms and Conditions are excluded to the maximum extent permitted by law including, without limitations, all warranties in relation to the following:
(a) While all reasonable efforts have been made to ensure that the information emanating from the company is accurate, the company will not be liable for any loss or damage however arising as a result of the client relying on such information. The company does not warrant, nor accept liability in any way for, the content or accuracy of adverts;
(b) The company makes no warranties nor gives any guarantees in respect of the effectiveness of any adverts, the success of those seeking employment and is not involved or responsible for any employment decision; and
(c) The company does not warrant that the software and website will be error free, or that the website or its server(s) are free of computer viruses or other harmful mechanism(s). The client must make adequate protection against these contingencies. The client remains responsible for any consequences, including costs and losses, arising from use of the website or software.
10.2. The company, to the maximum extent permitted by law, excludes all liability including, without limitation, liability for special, indirect or consequential loss (including loss of profits, earnings and goodwill) whether or not the company has been advised of the possibility of such.
10.3. The entire liability of the company to the client or client to the company, arising out of or in connection with the agreement (including without limitation, breach of contract, misrepresentation, negligence and any other tort) is limited to the fees paid by the client to the company.
11. General
11.1. Headings in the Terms and Conditions are for convenience only and will have no legal meaning or effect.
11.2. FORCE MAJEURE.
The company shall not be liable for any delay or failure to perform any of its obligations under the Terms and Conditions if such delay or failure is due to any cause beyond its reasonable control including without limit any technical reason preventing the publication of the adverts.
11.3. NOTICES.
All notices to be given under these Terms and Conditions shall be in writing and shall be sent by first class post or facsimile to the relevant address on the client order form. However, if either party sends a notice under these Terms and Conditions by facsimile, it shall also send the original notice by post, posted first class within twenty-four hours of the transmission of the relevant facsimile. All notices sent by post shall be sent to the address of the other party set out in the Terms and Conditions as appropriate. Any notice given under the Terms and Conditions which is sent by post and which is not returned to the sender as undelivered shall be deemed to have been received two days after posting (if the address of the other party is in the United Kingdom) or four days after posting (if the address of the other party is outside the United Kingdom). Any notice given under the Terms and Conditions, which is sent by facsimile in accordance with this clause shall be deemed to have been received on the date of transmission.
11.4. ENTIRE AGREEMENT.
The Terms and Conditions constitute the entire agreement between the client, user and the company. No addition to or modification of the Terms and Conditions shall be effective unless it is in writing and signed by a duly authorised representative of both the client and the company.
11.5. JOINT VENTURE OR PARTNERSHIP.
Nothing in the Terms and Conditions shall create, or be deemed to create, a partnership or joint venture between the client and the company or the relationship of principal and agent between the client and the company.
11.6. WAIVER.
No delay or failure on the part of any party to exercise or to enforce any right given to it by the Terms and Conditions or at law, or any custom or practice of the client and/or the company at variance with the terms of the Terms and Conditions shall constitute a waiver of respective rights of either the client or the company under the Terms and Conditions or operate so as to prevent the exercise or enforcement of any such right at any time.
11.7. SEVERABILITY.
If any provision of the Terms and Conditions is held to be invalid or unenforceable, in whole or in part, that provision or part shall to that extent be deemed not to form part of the Terms and Conditions, however, the validity and enforceability of the remainder of the Terms and Conditions shall not be affected.
11.8. ASSIGNABILITY AND SUB-CONTRACTING.
The client may not assign the whole or any part of its rights or obligations under the Terms and Conditions without the prior written consent of the company. The company may assign or sub-contract the whole or any part of its rights or obligations under the Terms and Conditions without restrictions.
11.9. LAW AND JURISDICTION.
The Terms and Conditions shall be governed by and construed in accordance with English Law and the client and the company submit to the non-exclusive jurisdiction of the Courts of England and Wales and where applicable the European Courts.
Copyright
By viewing or accessing this website, you are acknowledging your agreement to the following:
1. Unless otherwise expressly stated, copyright or similar rights in all material presented on this website, including graphical images, is owned by chiefjobs.com.
2. The user has limited permission to print or download extracts from these pages for personal use only and shall not be entitled to commercialise any such material in any way.
3. Any copies of the pages of the website which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal use.
4. The user may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the website without prior written consent of the company.
5. Unless with prior permission of the company no part of the website may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non electronic form, nor included in any public or private electronic retrieval system or service.
Disclaimer
The contents of this website are subject to the matters set out below. All users acknowledge and accept the disclaimer right in order to obtain access to this site.
1. Contents are only for general information or use by our client(s) and user(s).
2. The information on the website is updated from time to time, however, we hereby exclude any warranties (whether expressed or implied), as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose.
3. The company excludes any warranties, of any content or material placed on a third party website, (whether expressed or implied), as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose.
4. The company will not be liable for any damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) however arising and whether in contract, tort or otherwise from the use of or inability to use the website, or from any action or omission taken as a result of using the website.
5. The website contains material in the form of Resume(s) submitted by candidate(s) and we accept no responsibility for the content or accuracy of such CV(s) nor do we make any representation by virtue of the contents of the website in respect of the existence or availability of any jobs advertised.
6. You should note that certain links on the website lead to resources located on servers maintained by third parties over whom we have no control and accordingly the company accepts no responsibility or liability for any of the material contained on those servers.
7. Where part of the website contains advertising and other material submitted to us by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the website complies with all legal requirements.
8. The company may suspend the operation of the website for maintenance or upgrade requirements from time to time. The company will use its best endeavours to notify members when the suspension is likely to take place.
9. The company has the right at their discretion to amend the content and system processes within the website including prices and procedures.
10. All liability is excluded to the extent permitted by law including any implied terms.
If you have any questions regarding these Terms and Conditions, please contact service@chiefjobs.com