Definitions
In these Terms and Conditions, the following words will have the following meanings:
1. Agreement- The Agreement containing these Terms and Conditions.
2. Candidate- A person introduced by the us to the Client to be considered for an Engagement.
3. Claims- the meaning given in clause 11.
4. Candidate Profile- the profile of a Candidate on our Website
5. Client- any person, firm or company who approaches the us with a view to Engaging or otherwise employing a Candidate, or any person, firm or company to who approaches us with a view to advertising a vacancy.
6. Engage(s) (or Engagement or Engaged)- the employment, hire or other use, directly or indirectly and whether under a contract of service or contract for services or otherwise, and/or whether on a permanent, temporary or other basis, of a Candidate by or on behalf of the Client
7. Party (or Parties)- us and the Client, and Party will mean either one of them
8. Employment Recruitment Services- We offer a service whereby the Client can upload job postings to our Website and can view and download Candidate Profiles
9. We, us, our- the Pick of the People Limited, a company registered in England and Wales under company registration number 10591856, and whose registered office is at Unit 24 Ddole enterprise park, Llandrindod Wells, Powys, LD16DF and we operate and own this website (“the Website”)
1. Our contract
By using or subscribing to our Website you enter into a binding contract with us on the following terms and conditions.
2. A UK business service
2.1 Our Website is directed at commercial enterprises in the United Kingdom.
2.2 You represent to us that all job postings and Candidate Profile searches made by you through our Website will be made for purposes integral to your business and will be within the scope of your authority to conclude contracts on behalf of your business.
3. Our promises
3.1 We will permit you to access, use and interact with our Website subject to these terms and conditions.
3.2 We will:
3.2.1 exercise reasonable care in compiling our Website;
3.2.2 use reasonable efforts to make our Website available to you at all times; and
3.2.3 take the steps set out in our privacy policy to endeavour to secure any personal data and credit card information you give us.
4. Warranties, exclusions, liability, limitations and indemnity
4.1 We do not represent or warrant that access to our Website, or any part of it, will be uninterrupted, reliable or fault-free.
4.2 The Client accepts and agrees that we give no warranty as to the suitability of any Candidate for any vacancy
4.3 We do not represent or warrant to you that our Website or any of its contents will be accurate, complete or reliable.
4.4 We do not represent or warrant that:
4.4.1 any Employment Recruitment Services (whether or not provided by us) will be provided with due care and skill;
4.5 To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
4.5.1 any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Website or any information on our Website;
4.5.2 the unavailability of our Website (or any part of it) or the Employment Recruitment Services;
4.5.3 any delay in providing, or failure to provide or make available our Employment Recruitment Services, or any negligent provision Employment Recruitment Services; or
4.5.4 any misrepresentation on or relating to our Website or the Employment Recruitment Services (other than a fraudulent misrepresentation made by us or on our behalf).
4.6 We will not be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with the use of our Website or the Engagement by the Client of a Candidate, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of us. In particular, but without limiting the generality of the foregoing, we will not be liable for any loss, injury, damage, expense or delay arising from or in any way connected with:
4.6.1 any failure of the Candidate to meet the Client’s requirements for all or any of the purposes for which the Candidate is required by the Client;
4.6.2 any act or omission of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; or
4.6.3 any loss, injury, damage, expense or delay suffered by a Candidate.
4.7 Neither Party will be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any loss of data economic loss or other loss of turnover, profits, business or goodwill.
4.8 The Client will indemnify us and will continue to indemnify us and hold us harmless from and against all claims and losses arising from loss, damage, liability, injury by reason of or arising out of:
4.8.1 any loss, injury, expense or delay suffered or incurred by a Candidate, however caused, and/or
4.8.2 any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise,
4.8.3 that arises directly or indirectly out of or in any way connected with arising out of or in any way connected with the use of our Website or the Engagement of a Candidate, the withdrawal by the Client of a vacancy, any information supplied by the Client to us or the Client’s breach of these terms and conditions. Claims will mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise), and Losses will mean all losses including, without limitation, financial losses, damages, legal costs and other expenses of any nature whatsoever.
4.9 You agree that each of these limitations is reasonable having regard to the nature of our Website and in particular given that when you purchase information or Employment Recruitment Services through our Website you will enter into a separate contract with the Candidate in each case.
4.10 Except in the case of death or personal injury caused by our negligence, the liability of us under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever will not exceed and fees paid or due to be paid by the Client to us under this Agreement
4.11 None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our Website or the Employment Recruitment Services to you.
4.12 Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
4.13 Each of the Parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.
5. Links to other sites
Certain links, including hypertext links, in our Website may take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our Website.
6. Termination of subscription
6.1 We may terminate your subscription immediately if you are in breach of any of these terms and conditions.
6.2 Any rights that have accrued to either party at the date of termination will remain enforceable after termination.
7. No commercial use
You agree that you will use our Website only for your internal business purposes and that you shall not exploit our Website or any of its contents for any commercial purpose.
8. Employment Recruitment Services
8.1 Once the Business' profile has been approved we will provide the Employment Recruitment Services to the Client during which the Client may have unlimited access to our Website, request an unlimited number of job postings and browse and view an unlimited number of Candidate Profiles, subject to the terms and conditions of this Agreement.
8.2 We will:
8.2.1 ensure that any Candidate has given his consent for his or her details to be uploaded to our Website;
8.2.2 once a Candidate has been found by the Client, we will provide the Client full access to the Candidate’s details that are held by us;
8.2.3 and also authorise the Client to contact Candidate directly, at any stage of the recruitment process, and without requiring our prior permission or knowledge of us;
8.3 By allowing us to post Client's job vancancies to our Website, the Client authorises us to advertise such a vacancy, but we are not authorised to use the Client’s name or any of its logos or trademarks without the Client’s prior express written permission.
8.4 We reserve the right to charge a set fee before the job listing is posted, but if the Client does not have a match within the 12 weeks, we will offer a full refund to the Client.
8.5 We reserve the right to refuse the registration of any person or organisation of any job posting or to offer the Employment Recruitment Services at our sole and absolute discretion. In these circumstances the registration of the Client’s details on our Website or the receipt of any payments is not a deemed acceptance by us that a contract between us and the Client has been concluded. The Employment Recruitment Services do not constitute an offer by us and a legally binding contract will come into effect within 14 days of the Client completing the registration process and the Client acknowledges that such contract is conditional upon the Client passing our credit checking process.
9. Client’s obligations and acknowledgments
9.1 The Client agrees to be bound by the general terms and conditions of this Website
9.2 The Client acknowledges and agrees that by requesting a job posting to our Website, the Client authorises us to advertise that position.
9.3 When requesting to advertise a vacancy, the Client will provide us with and to upload to our Website the following information:
9.3.1 the Client’s full corporate name, address and registered number, or (if it is not incorporated) its full business and trading name and address, and the nature of its business;
9.3.2 the nature of the vacancy, including the type of work involved, its location, the hours of work, the commencement date and the likely duration;
9.3.3 any risks to health and safety known to the Client and the steps taken by the Client to prevent or control such risks;
9.3.4 the experience, training, qualifications and any authorisations which are required by the Client, including any qualifications or authorisations required by law or any applicable professional body;
9.3.5 any expenses payable by or to the Candidate;
9.3.6 the minimum rate of remuneration, the intervals of payment and any other benefits;
9.3.7 the length of notice to which the Candidate would be entitled to receive or be required to give for termination of employment;
9.3.8 whether the Client intends to engage the Candidate otherwise than as an employee on a contract of service;
9.4 The Client agrees not to request to advertise any job posting where the vacancy entails caring for or attending one or more vulnerable persons, including persons under the age of 18 and/or any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention or if there is a risk to the health and safety of the Candidate unless in relation to each Candidate to be placed, the Client undertakes to carry out the steps in clause 9.4 below and to ensure all other reasonable steps are taken, including but limited to complying with all relevant law and statutory obligations, codes of practice and guidelines issued by any relevant authorities, in order that the Client can satisfy himself/herself as to the Candidate’s suitability for the position which shall remain the responsibility of the Client at all times and no warranty is given by us in this respect.
9.5 The Client will satisfy itself as to the suitability of any Candidate for the job posting. Without prejudice to the generality of the foregoing, the Client acknowledges and agrees that it is the Client’s responsibility to:
9.5.1 take up and verify references relating to the Candidate’s qualifications, skills, character and experience;
9.5.2 check the validity of the Candidate’s qualifications;
9.5.3 ensure, where appropriate, that the Candidate is capable of operating any equipment or machinery to the necessary level;
9.5.4 obtain any certificate of sponsorship or permit needed to enable the Candidate to work in the United Kingdom; and
9.5.5 ensure that the Candidate satisfies any medical requirements or other qualifications that may be appropriate or required by law.
9.6 The Client will notify the us immediately on the occurrence of the first of the following events:
9.6.1 a Candidate accepts an offer of employment from the Client; or
9.6.2 the commencement of an Engagement by a Candidate.
following which the Client will remove the job posting from our Website within 7 days
9.7 The Client confirms that it is not aware of anything which will cause a detriment to the interests of the Candidate or the Client if it Engages that Candidate to fill a vacancy.
9.8 The Client acknowledges that the Client is wholly responsible for the accuracy and information provided on our Website.
9.9 The Client undertakes not to use our Website or upload or post anything or pass any written or verbal correspondence using our Website to defame, abuse, harass, stalk, threaten, offend, or otherwise violate the rights of any other Client or Candidate or third party or include anything on our Website or any job posting that is obscene, sexually explicit, illegal, fraudulent, discriminatory or which may in any way directly or indirectly affect us or our reputation.
9.10 The Client acknowledges and agrees it is the Client’s responsibility to protect their computers against any viruses and malware.
10. Confidentiality
All Candidate Profiles downloaded or viewed by the Client will be for the private and confidential use of the Client only and should not be reproduced in whole or in part or relied upon by third parties for any use whatsoever, without the express written authority of the Candidate or us.
11. General
11.1 Third party rights
For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision of this Agreement, this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.
11.2 Variations
We reserve the right at any time without notice to revise the content of our Website (including the Employment Recruitment Services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our Website and by continuing to use our Website following any such change you will signify that you agree to be bound by the revised terms and conditions of use.
11.3 Credit card security and registration
We use a secure server that implements technology to prevent any person from gaining access to your credit card or registration information whilst it is on our Website or being transmitted across the Internet.
If you discover that Employment Recruitment Services have been ordered from our Website using your credit card details in circumstances where you had not agreed to or authorised this, then (provided that you have not, through failure to take reasonable care, allowed an unauthorised person to gain access to your credit card details, purchaser ID or password) we will refund to you your money provided that:
11.3.1 you inform your credit card company and us of the unauthorised purchase as soon as you discover it; and
11.3.2 you co-operate with your credit card company, us and, if necessary, the police in relation to the unauthorised use.
11.4 Taxes
We have made every effort to make clear whether the quoted prices for Employment Recruitment Services available through our Website include any relevant tax or duty. Where in any case it is not clear please note before you make an order that you might be required to bear a liability to tax or duty (for example VAT) imposed by us or by operation of law that is in addition to the price.
11.5 The use of your information
You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
11.6 Copyright
All rights in the design, text, graphics and other material on our site and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our Website solely in connection with the Services through our Website. Any other use of materials on our Website (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
You hereby grant to us a perpetual, royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you upload or post to our Website (whether to a job advertisement, bulletin board or otherwise). You acknowledge and agree that such material is not uploaded or posted subject to any obligation of confidence.
11.7 Trade marks
We are the proprietor of the Pick of the People trade mark in the United Kingdom and other countries. All other trade marks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.
11.8 Access
We reserve the right in our sole discretion to deny any Client or Candidate access to our Website or any part of our Website without notice and to decline to provide the Employment Recruitment Services to any Client or Candidate that is in breach of these terms and conditions of use.
11.9 Events beyond our control
We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our Employment Recruitment Services through our Website resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
11.10 Applicable law and jurisdiction
These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with English law and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of the English courts.
11.11 Unenforceability
The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.
11.12 Notices
Any notice to be given under this Agreement will be in writing and will be sent by first class mail to the address of the relevant Party.
11.13 Applicable law and jurisdiction
The validity, construction and performance of this Agreement is be governed by English law and will be subject to the exclusive jurisdiction of the English courts to which the Parties submit.
11.14 Changes
These terms and conditions may be changed by us at any time. We may in our sole and absolute discretion extend, change or discontinue any of the Employment Recruitment Services from time to time. Any such changes will be notified to you in writing and you will deemed to accept any changes when you next use the Website