This web site is owned and operated by Jobs and Talent, S.L. and is made available to you on the following terms and conditions. By using the site and the services available on it you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.
We try to ensure continuous availability of the site and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. We may, additionally, alter the design and specification of the site at any time.
If you are a job seeker seeking to: (a) submit your curriculum vitae or career summary (or similar) ("Resume") to the Website under the Post your Resume section of Find a Job; or (b) receive details of available jobs by email under the Jobs by Email section of Find a Job then you will need to register on the relevant pages of the Website.
If you register for our Post your Resume and/or Jobs by Email services then you agree to ensure that your details provided on registration are true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive. You agree to notify us immediately of any changes which are relevant to your registration by informing us on + 44 (0)207 997 7354 or by emailing email@example.com.
If you register to use the Post your Resume and/or Jobs by Email services on the Website you must create a password which, in order to prevent fraud, you must keep confidential. If you know or suspect that someone else knows your password you should notify us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account.
You may update your contact details, remove your Resume from the Website or unsubscribe from the Jobs by accessing to your profile section of the Website. In order to cancel your registration at any time (without affecting either party's statutory rights or liabilities) you need to remove your account from jobandtalent any question you can write us to firstname.lastname@example.org.
By providing us with your personal details on registration, you agree that interested companies can contact you during normal business hours by phone or email or other appropriate means regarding your account.
We may suspend or cancel your registration immediately if you breach any of your obligations under the Terms or otherwise at our reasonable discretion.
You agree that:
You are solely responsible for the form, content and accuracy of any content (including without limitation any Resume) submitted by you to the Website.
You will submit content (including without limitation Resumes) that is true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive.
You will make any content (including without limitation any Resume) submitted to the Website inactive by clicking the appropriate box on the "Create/edit Resume" screen when you are unavailable for employment.
By submitting content to the Website (including without limitation any Resume), you permit any user of the Website to view, store and reproduce such content for personal use.
By submitting any content (including without limitation any Resume) to the Website, you grant us and our affiliates the royalty free, perpetual, irrevocable, sub-licensable, non-exclusive, right to use, reproduce, modify, publish, translate, transmit, communicate, display or create any derivative works from such content. Where such content is your Resume this right shall be in relation to your intention to find a job through utilising the Website. You should note that we reserve the right to make inactive or delete at any time and without prior notice any content on the Website. In the event that we make inactive or delete any of your content on the Website we shall use reasonable endeavors, but are not obliged, to contact you in advance.
We reserve the right to remove any content (including without limitation any Resume) which we deem to be inaccurate, misleading, deceptive, likely to mislead or deceive or of an unacceptable standard.
We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to deletion of your content (including without limitation any Resume) from the Website and immediate termination of your registration with or without ability to access the Website and/or any service provided to you by us, upon any breach by you of the Terms (including without limitation these Additional Job Seeker Terms) or if we are unable to verify or authenticate any consent you submit to the Website.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of the use of any content (including without limitation any Resume) submitted by you to the Website by us or any employer, recruitment consultant, employment agency, media buyer (or similar) ("Recruiter").
Whilst we endeavour to ensure the quality of the Website, we make no warranties as to the truth or accuracy of job advertisements posted by Recruiters, the accuracy of the Jobs by Email service or the ability of Recruiters or employers to offer jobs to job seekers.
Recruiters are responsible for determining the suitability of applicants for jobs and we shall have no responsibility for the selection and recruitment policies and procedures of any Recruiter. You agree that Recruiters are third parties over which we have no control and that accordingly we shall have no liability to you arising from (and you shall hold us harmless against) the acts or omissions of any Recruiter.
You agree that you will not:
Use the Website (or any part of the Website) for any illegal purpose or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
Upload, transmit or otherwise disseminate through the Website: (a) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; (b) any material which is defamatory, offensive, or of an obscene, vulgar, indecent or menacing character, or that may cause annoyance, inconvenience or needless anxiety, or have the effect of being harassing, threatening, abusive or hateful or that may otherwise degrade or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or (c) any material which is copyrighted (unless you are the copyright owner or have permission of the copyright owner to post it), or reveals trade secrets (unless you own them or have permission of the owner) or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
Use the Website in a way that may cause it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired, including, without limitation, “overloading”, “flooding”, “spamming”, “mailbombing” or “crashing”;
send unsolicited e-mail, including promotions or advertising of products or services; or
access or attempt to access any part of the Website that you are not authorized to access and you will not penetrate or attempt to penetrate Website security measures.
You agree that, in the event that you have any right, claim or action against any user of the Website arising out of that user's use of the Website, you will pursue such right, claim or action independently of, and without recourse to, us.
You acknowledge and agree that all title, right and interest (including without limitation all copyright, trademarks and all other intellectual property rights) in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained in the Website is made available for your personal, non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, save, modify, reproduce, transmit, publish, display, distribute or use for any purposes, whether commercial or non-commercial, the Website or any software and information contained within it without our permission, except to the extent necessarily required in order for you to display, use and navigate the Website. You agree not to decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, commercially exploit or create derivative works from the Website.
By submitting information, text, photos, or other content to us via the Website, you grant us a right to use such materials at our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.
You may establish links to the Website from locations outside the Website provided: (a) you link only to the home page of the Website; (b) you do not remove or obscure, advertisements, the copyright notice or other notices on the Website; (c) you give us notice of such link by sending an e-mail message to us at email@example.com ; (d) you do not link from a site or service that could be construed as distasteful or offensive or a site which infringes any third party intellectual property rights; and (e) you immediately stop providing links to the Website if notified by us to do so.
We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including without limitation any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
You may not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing any or all of the content on the Website (by spidering or otherwise) and you may not frame, harvest or scrape any of the content on the Website or otherwise access such content for similar purposes.
Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence by us, our employees or our agents.
We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
Whilst we use reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the information on the Website itself will be free from errors or omissions.
Whilst we use all reasonable efforts to ensure a reasonable standard of integrity and reliability of the Website, we do not warrant that the Website will be available uninterrupted and in a fully operating condition.
Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.
The Website is provided on an “as is” and “as available” basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Website, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose information about you or your use of the Website. There may be other circumstances in which we may in our reasonable discretion disclose information about you or your use of the Website following a request to do so by legal counsel in good faith in relation to a dispute with you or a third party.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Terms by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your internet account.
Security and Privacy
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials on the Website).
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from these Terms and shall not effect the validity and enforceability of any of the remaining parts of the Terms.
Conflict of Terms
In the event of any conflict between the interpretation of the Terms and the interpretation of the Additional Recruiter Terms and/or the Additional Job Seeker Terms, the Terms shall prevail.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any part of the Terms.
Except insofar as the Terms expressly provide that a third party may in his own right enforce a term of the Terms, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Terms but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.
The Terms shall be governed by and interpreted in accordance with the laws of England (or the laws of Scotland if you are domiciled there). Disputes arising in connection with the Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales unless you choose the jurisdiction of your domicile in Scotland or Northern Ireland.
If you are a user of the Recruiter section of the Website (“Recruiter”) then these Additional Recruiter Terms apply to you and are incorporated into the Terms.
The Recruiter section of the Website allows access to services including without limitation Advertising Options, Post a Job, and Resume Database Access and Corporate Branding services ("Recruiter Services").
You need to have an account with us in order to use any of the Recruiter Services. This will either be created through our Account management team or, if you are purchasing job adverts through the "Buy Jobs Ads" section of the website, you will be asked to register as part of this process.
If you register for any of the Recruiter Services you agree to ensure that your details provided on registration are true and not in any respect inaccurate, misleading, deceptive or likely to mislead or deceive. You agree to notify us immediately of any changes which are relevant to your registration by informing us on + 44 (0)207 997 7354 or firstname.lastname@example.org.
If you register to use any of the Recruiter Services you must create a password which, in order to prevent fraud, you must keep confidential. If you know or suspect that someone else knows your password you should notify us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account.
You can cancel your registration at any time (without affecting either party's statutory rights or liabilities) by informing us on + 44 (0)207 997 7354 or email@example.com.
We may suspend or cancel your registration immediately if you breach any of your obligations under the Terms or otherwise at our reasonable discretion.
We operate Post a Job, Resume Database Access and Corporate Branding chargeable services through the Website (“Chargeable Services”). By placing an order for a Chargeable Service ("Order") you accept and agree to comply with the Terms. Any Order for the "Post a Job" service shall be made through the "Buy Job Ads" section of the Website. Any Order for either the Resume Database Access or Corporate Branding service shall be made by contacting us directly on + 44 (0)207 997 7354 firstname.lastname@example.org.
Subject to the Terms, in return for completion of an Order to our satisfaction, you may post job advertisements ("Job Advertisements") and/or corporate branding ("Branding") submitted for inclusion on the Website ("Content") and/or access the Resume Database ("Access Resumes"). As an added benefit, we have the right (but not the obligation) to post your Job Advertisements and Branding across our exclusive network of jobsites.
As regards any licence you obtain for Resume Database Access, you acknowledge that such a licence is granted by us only to the purchaser of the licence and is not transferable to any third party. Any unauthorised use of the licence will mean that we can automatically terminate it. The licence will specify which individual user or users employed by the purchaser may access the Resume Database and the number of times they may do so. This will be set out in the relevant Order.
The amount of Content posted on the Website and the length of time that such Content remains on the Website shall be specified by the option chosen by you on the Order. You may request us to remove any Content from the Website before such Content has reached its expiry date, but you shall not be entitled to a refund for unused time.
You agree that:
You are solely responsible for the form, content and accuracy of any Content;
You will only submit Content that is true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive;
Any and all Job Advertisements that you submit shall relate to specific and genuine job opportunities that were available at the time of posting; and
By submitting Content, you permit any user of the Website to view, store and reproduce such Content for personal use.
You will ensure that all Content complies with all applicable laws including, but not limited to, the Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995, Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, Employment Equality (Religion or Belief) Regulations 2003, Employment Equality (Sexual Orientation Regulations) 2003 and Employment Equality (Age) Regulations 2006 and any other statutory or common law requirements relating to discrimination. You will also ensure that all Content complies with the minimum requirements set out in Regulation 27 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.
You represent and warrants to us that:
you have the power and authority to enter into these Additional Recruiter Terms and grant all rights granted or purported to be granted and fully perform your obligations hereunder;
you have or will have obtained prior to transmission all necessary rights, consents, licences, clearances and waivers in relation to the Content (including without limitation any musical recordings and compositions contained in the Content) to enable us to publish the Content on the Website and you shall be solely responsible for any and all payments due to third parties as a result of such publication.
No content will constitute an invitation or inducement to engage in investment activity within the meaning of the Financial Services and Markets Act 2000;
You shall not send directly or indirectly, a cookie (being a packet or piece of data or other information sent by a web server to a client device, to be stored on that client device and which is sent back to that web server each time the client device makes additional requests from that web server) to the device of any user of the Website who accesses the Content, irrespective of whether any such device has been enabled by such user to receive cookies; and
You have a valid notification under, and have and will comply with all relevant requirements of the Data Protection Act 1998, and have and will comply with all relevant requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any guidance issued by the Information Commissioner in relation to obtaining, storing and use of personal data derived from using the Access Resumes service, viewers of Content or otherwise in connection with these Additional Recruiter Terms.
You shall indemnify on demand and hold us harmless from and against any and all losses, demands, claims, damages, costs, expenses (including consequential losses and loss of profit, legal costs and expenses and value added tax thereon) and liabilities suffered or incurred, directly or indirectly, by us in consequence of:
Any breach, non-performance or non-observance by you of any of its agreements, obligations, warranties, representations and undertakings contained in these Additional Recruiter Terms; and/or the use, publication, reproduction or transmission of the Content on the Website.
Either party (the "Non-Defaulting Party") may terminate these Additional Recruiter Terms and/or require payment of any amounts due hereunder (without prejudice to its other rights and remedies) with immediate effect by written notice to the other party (the "Defaulting Party") if:
The Defaulting Party becomes insolvent (including being unable to pay its debts as they fall due and/or that the value of its assets is less than the amount of its liabilities taking into account its contingent and prospective liabilities), proposes an individual, company or partnership voluntary arrangement, has a receiver, administrator or manager appointed over the whole or any part of its business or assets; if any petition shall be presented, order shall be made or resolution passed for its winding up (except for the purpose of a bona fide amalgamation or reconstruction), bankruptcy or dissolution (including the appointment of provisional liquidators/interim receivers or special managers); if it shall otherwise propose or enter into any composition or arrangement with its creditors or any class of them, if it ceases or threatens to cease to carry on business or if it claims the benefit of any statutory moratorium; or
The Defaulting Party suffers or there occurs in relation to that party, any event which in the reasonable opinion of the Non-Defaulting Party is analogous to any of the events referred to in clause 8.1.2 in any part of the world;
Our aggregate liability in respect of any loss or damage suffered by you and arising out of or in connection with these Terms, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall not exceed the amount of the Fees actually paid by you to us pursuant to this Agreement during the year in which such loss or damage is suffered.
We shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
Any loss arising from or in connection with loss of revenues, profits, contracts, or business or failure to realise anticipated savings;
Any loss of goodwill or reputation; or
Any indirect or consequential losses suffered or incurred by you arising out of or in connection with any matter under these Additional Recruiter Terms.
Nothing in this clause 9 shall limit our liability for death or personal injury resulting from our negligence or for fraud.
You shall not without our prior consent claim any association with us or use our name, mark or logo or otherwise refer to us or our services or publish any information in connection with any Job Advertisement or Branding which has been published or is scheduled for publication.
We shall have no liability for any delay in or failure to perform any or all of our obligations under the Terms if the delay or failure arises from or is attributable to acts, events, omissions or accidents beyond our reasonable control including, without limitation, industrial disputes (where caused by events or circumstances which are themselves beyond our reasonable control), nuclear accident, war or terrorist activity, acts of God, civil commotion, compliance with any law, governmental order, rule, regulation, or direction, failure of technical facilities, accident, fire, flood, storm or default of suppliers or sub-contractors.
Any notice given under these Additional Recruiter Terms shall be in writing and served by hand, prepaid, recorded or special delivery post or prepaid international recorded airmail to the relevant addressee at the address referred to in the Order or such other address as the relevant party may designate to the other in writing from time to time. Any such notice shall be deemed to have been served at the time of delivery. For the avoidance of doubt, notice given under this Contract shall not be validly served if sent by email.
Nothing in this Contract shall create or be deemed to create a partnership, joint venture or principal-agent relationship between the parties and neither party shall have authority to bind the other in any way unless expressly provided otherwise in this Contract.
Each party undertakes that it will not at any time hereafter use or disclose to any person, except to its professional representatives or as may be required by law or any legal or regulatory authority, the terms and conditions or existence of the Terms or any confidential information concerning the business or affairs of the other party which may have or may in the future come to its knowledge. Neither party shall use any such confidential information except for the performance of the Terms or make any announcement relating to the Terms or its subject matter without the prior written approval of the other party. This paragraph shall continue in full force and effect notwithstanding any suspension or termination of the Terms.
Database rights and all other applicable copyright and intellectual property rights in the candidate database belong to jobandtalent. You acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its content is governed by these terms and conditions.
The material you are entitled to receive from the candidate database is determined by the product you have purchased from us. On receipt of this material you may:
Use, search or download it to your database using the Candidate Search back office interface and its associated functions for the purpose of finding suitable candidates for specific job vacancies that you or (if you are an employment agency or employment business) your client wish to fill.
Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through jobandtalent depending on the product you have purchased) in relation to a specific job vacancy.
Use the information only in connection with your own recruitment-related activities.
You may NOT:
Supply, sell or license material from the candidate database, or a copy of it, to any other person, including another member of your group of companies.
Download the database through any automated (e.g. "scraping") process.
Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies. You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations.
Access our candidate database from a system that is not fully patched or does not have industry standard AntiVirus software installed that is regularly updated.
You agree to delete all material from the candidate database upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable candidate, whichever occurs first.
You agree to deal fairly and professionally with individuals you may contact using information from the candidate database and not do anything which may bring to jobandtalent into disrepute. You will indemnify jobandtalent.com from and against any claim brought by an individual against jobandtalent.com arising from your breach of this obligation or any other of these terms and conditions.
Passwords are for the sole use of the person to whom they are issued. Passwords must be kept confidential and secure. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is breaching these terms and conditions.
The content, layout, availability and format of the Website shall be subject to variation at our sole discretion.
We reserve the right to vary the Chargeable Services and do not guarantee that a Chargeable Service will remain chargeable or that a free-of-charge service will remain free-of-charge.
By submitting any Content to us, you grant us and our affiliates the royalty free, perpetual, irrevocable, sub-licensable, non-exclusive, right to use, reproduce, modify, publish, translate, transmit, communicate, display or create any derivative works from such Content. You should note that we reserve the right to make inactive or delete at any time and without prior notice any Content. Any acceptance by us of any Content shall not be deemed to constitute an acceptance by us that such Content is provided in accordance with the Terms nor shall it constitute a waiver of our rights. In the event that we make inactive or delete any of your Content we shall use reasonable endeavours, but are not obliged, to contact you in advance.
We reserve the right to recategorise the search location Job Advertisement in the Website’s database if we, in our sole discretion, consider it not to be located to maximum benefit. We also reserve the right to remove temporarily or permanently any Content which we, in our sole discretion, consider to be of an unsatisfactory standard for whatever reason.
We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to deletion of any Content from the Website and immediate termination of your registration with or without ability to access the Website and/or any service provided to you by us, upon any breach by you of the Terms or if we are unable to verify or authenticate any Content submitted to the Website.
These Additional Recruiter Terms, we will use our reasonable endeavours to post all Content on the date set out on the relevant Order but we do not accept liability for any consequences, howsoever arising, due to error or delay in posting, or refusal to post, Content.
We shall not be held responsible for any addition to, changes in, deletions from, delay in publication or withdrawal of any Content required by any competent authority having jurisdiction over or responsibility for the regulation of electronic and online advertising on the internet (including without limitation the Advertising Standards Authority or any replacement body).
We shall not be held responsible for the accuracy of any information contained in the Resume Database.
Save as otherwise expressly agreed by us in writing, no protection against proximity of competitive products or services on the Website is given by us.
In the event of our publication of the Website being restricted, curtailed or prevented by any law, regulation, guideline, code or any other act or thing beyond our control, we may at any time, notwithstanding anything contained in these Additional Recruiter Terms, forthwith terminate these Additional Recruiter Terms in whole or in part without prejudice to our right to be paid by the Recruiter any monies due at the date of termination.
The Recruiter grants us a royalty free, non-exclusive licence to use certain of its names, trade marks and/or logos for the purpose of enabling us to perform our obligations under these Additional Recruiter Terms.
In order to maintain the integrity of Jobandtalent we reserve the right to forward contact details to any regulatory authorities (including without limitation the police) when requested to do so. We may also forward your contact details where a complaint arises concerning your use of Jobandtalent and where that use is considered to be inconsistent with the Terms. Subject to this clause and other than as required by law, we will not disclose your registration details to any third party without your consent.
The data collected is confidential and complies with the provisions of Law 15/1999 (December 13,2009) Personal Data Protection (December 14, 1999) and Law 34/2002 (July 11th, 2002) and services indicated by the Information Society and Electronic Commerce (BOE July 12, 2002).
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