THE RECRUITMENT BOUTIQUE LIMITED
Kemp House, 152 City Road, London EC1V 2NX
WEBSITE TERMS AND CONDITIONS OF USE
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU (“YOU” OR “LICENSEE”) AND O.T.C.S. (“COMPANY”). BY ACCESSING THIS SITE USING THE APPLICATIONS, DOWNLOADING ANY CONTENT OR USING THE SITE IN ANY WAY, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
1.1 This document sets out the terms and conditions of use on which you may ma ke use of our websites including but not limited to those URLs such as [http://recruitment-boutique.com/] our “websites”, whether as a guest or a registered user. The websites are operated by The O.T.C.S. (“we”, “our” or “us” or “the Company”). Please read these terms carefully before you use our websites. You may only use our websites (and the services provided through our websites) if you agree to these terms. Your continued use of our websites indicates your acceptance that these terms apply to our websites and your use of them.
1.2 We may change, modify or revise these terms and conditions of use at any time by amending this document. The changes made to the terms will come into effect as soon as they are posted on our websites and your use of our websites (or of any services or products provided through our websites) will be subject to the amended terms. You are obliged to check this page from time to time to take notice of any changes we may have made. Some of the provisions contained in these terms and conditions of use may also be superseded by provisions or notices published elsewhere on our websites. We will try and flag changes to our terms and conditions from time to time but even if we do not do so you shall be deemed to have purchased on the terms and conditions current at the date of the use of these services.
1.3 Our websites provides access to adverts for job or consultancy vacancies nothing more and candidates send in their curriculum vitae (CVs) to match such vacancies (our role is to review such CVs and to send appropriate CVs depending on the job specification to the relevant company concerned).
We make no promises that the CVs or potential candidates will be suitable. We make no promises that the candidates are worthy of further consideration and we do not make any attempt to independently verify or check any of the data on such CVs of the relevant candidates.
We only try and check the CVs as they appear on their face against the relevant job specification and send them to the relevant company concerned.
For the avoidance of doubt we do not interview or amend any CVs for these purposes.
2.1 As part of the registration process you will be asked to supply your email address. This will help us to verify your identity on future visits. Should you register using an invalid email address or an email address that belongs to someone else, we may terminate your account at any time without notice.
2.2 You will
also need to provide a password in order to access your account. We do not permit you to share your password with any other person. You must keep your password secure at all times. You will be responsible for any damage or losses caused by unauthorised access resulting from your failure to keep your password secure.
2.3 There is no charge for opening an account, however there will be charges for putting up a job specification or other services supplied by us. These will be set out on the site and be updated from time to time. You will be notified of these charges at the time you request our products or services. All payments must be made in full within 7 days of placing any such job specification failing which the job specification will be removed.
3. Permitted Activities
3.1 You may access any part of our websites provided that it is not password protected. Access to some parts of our websites are only available if you have a valid password and may be limited to access in respect of your own client database. You may not access these areas without a valid password.
4. Forbidden Activities
4.1 You are not allowed to reverse, engineer or copy any software which enables the applications on our site or to remove any copyright, trade mark or other intellectual property notices contained in any material on our website or from any copies or printed items taken of material from our websites save where you own the copyright in the same.
4.2 You are not allowed to upload or to download or use any images or other material including text based content which contain any of the following: (a) material which is defamatory of any person; (b) material which is pornographic, obscene, indecent or offensive; (c) material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (d) material that is likely to incite hatred or violence against any person or group; (e) material that is likely to deceive any person; (f) blasphemous material; (g) material which concerns or relates to any criminal act; (h) material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party save where clearance or written authority has been obtained; (i) material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (j) material which promotes any illegal activity; (k) material which is threatening, abusive or invades another's privacy; (l) material used to impersonate any person, or to misrepresent your identity or affiliation with any person; (m) material which gives the impression that it emanates from ourselves; (n) material that breaches any applicable laws or legislation.
5. Rights of removal
5.1 We cannot control, nor do we monitor the use of our websites. It is possible that images or other material may appear on our websites which are unlawful or offensive and contravene our restrictions on content set out above. We are not responsible for such images or material but if you become aware of any such images or material please contact us without delay. You are responsible for not uploading or downloading images or material as set out in 4.2.
5.3 You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of any use by you or your customers of our websites in breach of these terms, any claim that the uploading or emailing of any content or images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.
6. Intellectual Property Rights and Removal Rights
6.1 It is a condition of allowing you to use our websites and any services offered through it that you have the right to copy, upload, download or otherwise deal with those documents, CVs or job specifications in relation to our websites and to allow us to process and otherwise deal with that content in accordance with these terms and conditions and that if that is not the case you will indemnify us in respect of any claims as set out in clause 13.
7. Operation of the Website
7.1 We may change the format and content of our websites (or any products or services offered by our websites) at any time.
7.2 We may terminate or suspend the operation of our websites (or terminate or suspend provision of any products or services offered through our websites) for support or maintenance work, in order to update the content or for any other reason including the upgrading or maintenance of any of our software applications. We may do this at any time and without notice.
7.3 You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of content uploaded by you or downloaded by you. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material uploaded on to our websites or downloaded from our websites.
8. Data Protection
8.2 You will be obliged in respect of any data to fully comply with the relevant sections of the Data Protection Acts 1984 and 1998 as to the registration holding and distribution of such information.
9.1 Once you have placed an order for any services through our websites the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be provided by email or post.
9.2 The decision as to whether to accept any order from you is at our sole discretion.
9.3 We will use our reasonable endeavours to reply promptly to all correspondence. Such reply may be by email or by post.
10. LINKS TO THIRD PARTY SITES
10.1 The linked sites are not under Company's control and Company is not responsible for the Content of any linked site or any link contained in a linked site, or any changes or updates to such sites. Company is not responsible for any form of transmission received from any linked site. You acknowledge that the Company provides the links to you only as a convenience and that any such linkage does not necessarily mean that it endorses the linked sites or their use or Content or their products or services in any way whatsoever.
11.1 You may cancel your account by contacting us by email or by post. You may be asked to provide further proof that you are the holder of the account. Your account will be cancelled as soon as reasonably practicable following receipt of your email or letter. In such circumstances any adverts created whether in your name or which refer to you anonymously in your name and hosted on our sites will be taken down.
11.2 We may cancel your account without notice at our sole discretion.
11.3 Once your account is cancelled, your adverts will be removed from our websites and your password will no longer enable access to the password protected areas of our website.
12.1 If you have any questions, concerns or complaints about our services please contact us.
12.2 Complaints or claims must be notified to us within 14 days of receipt of any content.
13. INDEMNITY By using our website and its applications you hereby agree to indemnify and hold the Company, its directors, employees, any relevant copyright holder, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable solicitors and Counsel's fees, arising out of or related to the use of this site or any breach of this site agreement, or your violation of any rights of another.
14. GENERAL DISCLAIMERS
14.1 THIS SITE AND THE CONTENT HEREOF ARE PROVIDED ONLY ON AN "AS IS" BASIS AND THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE CONTENT, OR THE UNAVAILABILITY OF THE SITE OR CONTENT, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE SOFTWARE APPLICATIONS AND THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. WE MAKE NO WARRANTY THAT THE SITE OR THE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
15. LIMITATION OF LIABILITY IN NO EVENT SHALL COMPANY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS OR THE APPLICATIONS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY SUMS YOU PAY, IF ANY, TO COMPANY FOR ACCESS OR USE OF THE SITE.
16.2 This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of the Company. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without the Company's prior written consent.
17. Law and Jurisdiction
17.1 These terms (and the provision of products and services by us) are governed by and shall be interpreted in accordance with the laws of England and Wales. In the event of any dispute arising in relation of these terms or in relation to the provision of any products and services by us the English courts will have the non-exclusive jurisdiction over such dispute although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.