Urecruitme

Terms and Conditions

     
   

Website access terms and conditions

Last updated [ 04/09/09 ]
These terms and conditions together with the Additional Job Seeker Terms and the Additional Recruiter Terms (the "Terms") are the terms on which this website www.urecruitme.co.uk and any website which may replace such websites (the "Website") is made available to you ("you"/ "your"). By accessing and/or utilising the Website you agree to be bound by these Terms.

  1. General Information

    1. We are urecruitme (UK) Ltd, a company registered in England and Wales under company registration number 6986313 ("we"/ "us"/"our"). Our registered address is 2nd Floor, 145-154 St John Street, London EC1V 4PY.
    2. We may change the Terms from time to time and your continued accessing or utilisation of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website.
    3. If there is anything you do not understand about these Terms please feel free to e-mail any enquiry to us at http://www.urecruitme.co.uk/support/ before you start accessing or utilising the Website.

  2. Your use of the website

    1. You agree that you will not:
      1. 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;
      2. 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;
      3. 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”;
      4. send unsolicited e-mail, including promotions or advertising of products or services; or
      5. access or attempt to access any part of the Website that you are not authorised to access and you will not penetrate or attempt to penetrate Website security measures.
    2. 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.

  3. Intellectual property rights

    1. 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.
    2. 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.
    3. By submitting information, text, photos, graphics 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.

  4. Links to and from other websites

    1. 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 http://www.urecruitme.co.uk/support/ ; (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.
    2. 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.
    3. 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.

  5. Warranties and limitation on liability

    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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.
    7. 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.

  6. Indemnity

    7. 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.

  7. Security and privacy

    1. You must read our Privacy Policy which contains important information about the use of your personal data other information regarding your privacy and our security processes and policies.
    2. 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).

  8. Severance

    9. 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.

  9. Conflict of terms

    10. 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.

  10. Waiver

    11. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any part of the Terms.

  11. Third party rights

    12. 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.

  12. Governing law and jurisdiction

    13. 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.

Additional recruiter terms

Last updated [ 04/09/09 ]

  1. General

    1. If you are a user of the Employer section of the Website (“Recruiter”) then these Additional Recruiter Terms apply to you and are incorporated into the Terms.
    2. The Employer section of the Website allows access to services including without limitation Searching for candidates, creating job specifications, creating candidate shortlists, and making email contact with candidates ("Employer Services").

  2. Registration

    1. You need to have an account with us in order to use any of the Employer Services. This will either be created through our Account management team or will be done remotely via the website. All remote registrations will be verified before being activated.
    2. If you register for any of the Employer 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)800 321 3917 or http://www.urecruitme.co.uk/support/.
    3. If you register to use any of the Employer 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.
    4. You can cancel your registration at any time (without affecting either party's statutory rights or liabilities) by informing us on
      + 44 (0)800 321 3917 or http://www.urecruitme.co.uk/support/.
    5. We may suspend or cancel your registration immediately if you breach any of your obligations under the Terms or otherwise at our reasonable discretion.

  3. Services

    1. We operate a Candidate search, contact and placement service. By undertaking a candidate search and making contact with any candidate via the website, you agree that you are liable for any placement fees due in the event that the any candidates contacted through urecruitme commence employment with your organisation within 6 months of your initial email contact.
    2. You will immediately notify urecruitme of all placements successfully achieved via the website, by either pressing the “Hire” button in the candidate shortlist page, or by notifying our sales department at email at http://www.urecruitme.co.uk/support, or by telephone on +44 (0)800 321 3917.

  4. Your obligations

    1. You will pay us for the Chargeable Services in accordance with clause 7 of these Additional Recruiter Terms.
    2. You will provide us with all materials for the Content no later than seven days prior to the date that such Content is to be posted on the Website, such date being set out in the relevant Order, including without limitation such technical specifications and format guidelines as to Content as we may specify from time to time.
    3. You agree that:
      1. you are solely responsible for the form, content and accuracy of any Content;
      2. you will only submit Content that is true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive;
      3. any and all Job Specifications that you create shall relate to specific and genuine job opportunities that were available at the time of posting; and
      4. by submitting Content, you permit any user of the Website to view, store and reproduce such Content for personal use.
    4. If the Advertising Standards Authority or any other independent reputable industry body sets up a pre-clearance procedure for internet advertising, then you agree (at our request and at your sole cost) to submit all Content to such organisation for pre-clearance and you shall provide satisfactory written confirmation of such clearance to us not less than fourteen days prior to the date for such content to be posted on the Website, such date being set out in the relevant Order.
    5. 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.

  5. Warranties, representations and indemnity

    1. You represent and warrants to us that:
      1. you have the power and authority to enter into these Additional Employer Terms and grant all rights granted or purported to be granted and fully perform your obligations hereunder;
      2. 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;
      3. no Content will constitute an invitation or inducement to engage in investment activity within the meaning of the Financial Services and Markets Act 2000;
      4. 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
      5. 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 Employer Terms.
    2. 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:
      1. any breach, non-performance or non-observance by you of any of its agreements, obligations, warranties, representations and undertakings contained in these Additional Employer Terms; and/or
      2. the use, publication, reproduction or transmission of the Content on the Website.
    3. This Clause 5 shall continue in full force and effect notwithstanding any suspension or termination of the Terms.

  6. Our rights

    1. The content, layout, availability and format of the Website shall be subject to variation at our sole discretion.
    2. 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.
    3. 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.
    4. 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.
    5. Subject to clause 4.2 of these Additional Employer 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.
    6. 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).
    7. We shall not be held responsible for the accuracy of any information contained in the Resume Database.
    8. 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.
    9. 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 Employer Terms, forthwith terminate these Additional Employer Terms in whole or in part without prejudice to our right to be paid by the Employer any monies due at the date of termination.
    10. The Employer 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 Employer Terms.
    11. In order to maintain the integrity of urecruitme 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 urecruitme and where that use is considered to be inconsistent with the Terms. Subject to this clause 6.11 and other than as required by law, we will not disclose your registration details to any third party without your consent.

  7. Payment

    1. Fees for successful job placements are set out in the Employers Section of the website.
    2. Upon successful placement of a candidate, you will receive an invoice from us which shall be payable within 30 days of receipt, in the currency stipulated on the order form depending on the service and your country of residence. If you fail to satisfy this invoice in full by the due date, we shall be entitled but not obliged to charge you interest on the overdue amount, payable by you immediately on demand, from the due date up to the date of actual payment, after as well as before judgment, at the rate of 2% per annum above the base rate for the time being of Lloyds Bank Plc and Such interest shall accrue on a daily basis and shall be compounded quarterly.
    3. In the event of any failure by you to make payment in accordance with these Additional Employer Terms, you will be responsible for all expenses (including legal fees) incurred by us or our agents in collecting such amounts.
    4. All payments referred to in these Additional Employer Terms are stated exclusive of value added tax and all other similar taxes and duties payable in respect of such payments. You shall pay to us at the time that the payment becomes due an amount equal to the value added tax, properly chargeable upon such payment. If requested, we shall provide you with a value added tax invoice in respect of the payment.

  8. Termination

    1. 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:
      1. the Defaulting Party commits a material breach of any of its obligations under these Additional Recruiter Terms and if the breach is capable of remedy, fails to remedy it during the period of fifteen (15) days starting on the date of receipt of notice from the Non-Defaulting Party specifying the breach and requiring it to be remedied;
      2. 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
      3. 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.
    2. Each party shall immediately give notice in writing to the other party of any event within clauses 8.1.2 and 8.1.3 which would entitle the other party to terminate these Additional Recruiter Terms.

  9. Limitation of liability

    1. 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.
    2. We shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
      1. any loss arising from or in connection with loss of revenues, profits, contracts, or business or failure to realise anticipated savings;
      2. any loss of goodwill or reputation; or
      3. any indirect or consequential losses suffered or incurred by you arising out of or in connection with any matter under these Additional Recruiter Terms.
    3. Nothing in this clause 9 shall limit our liability for death or personal injury resulting from our negligence or for fraud.

  10. Publicity

    11. 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.

  11. Miscellaneous

    1. 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.
    2. 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.
    3. 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.
    4. 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 11.4 shall continue in full force and effect notwithstanding any suspension or termination of the Terms.

Additional job seeker terms

Last updated [ 04/09/09 ]

  1. General

    2. If you are a user of the Jobseeker Registration section of the Website then these Additional Job Seeker Terms apply to you and are incorporated into the Terms.

  2. Registration

    1. If you are a job seeker seeking to create a personal profile for the purpose of being contacted by potential employers interested in your particular skill sets, then you will need to register on the relevant pages of the Website.
    2. If you register your details by creating a personal profile then you must 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)800 321 3917 or by emailing http://www.urecruitme.co.uk/support/
    3. If you register your details by creating a profile on the 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.
    4. You may update your contact details or any information regarding your professional experience by accessing your personal profile page of the Website. In order to cancel your registration at any time (without affecting either party's statutory rights or liabilities) you need to email us at http://www.urecruitme.co.uk/support/.
    5. By providing us with your personal details on registration, you agree that we can contact you during normal business hours by phone or email or other appropriate means regarding your account.
    6. We may suspend or cancel your registration immediately if you breach any of your obligations under the Terms or otherwise at our reasonable discretion.

  3. Your additional obligations

    1. You agree that:
      1. you are solely responsible for the form, content and accuracy of any content submitted by you to the Website;
      2. you will submit content that is true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive;
      3. you will make your profile created on the Website inactive by clicking the appropriate box on the “about me” section when you are unavailable for employment;
      4. by submitting content to the Website you permit any user of the Website to view, store and reproduce such content for personal use.

  4. Our additional rights

    1. By submitting any content 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 endeavours, but are not obliged, to contact you in advance.
    2. 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.
    3. 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.

  5. Responsibility

    1. 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 submitted by you to the Website by us or any employer, (or similar) ("Recruiter").
    2. 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.