IMPORTANT – These general terms of use (“Terms”) govern your use of the site, www.search.co.uk, (the “Site”) and users of the Site should read them carefully. If you do not accept the Terms, then you must not use the Site or the services which are offered by us (the “Services”).
The Terms may change, from time to time, at our sole discretion, and so users of the Site should check back regularly and review the Terms whenever accessing or using the Site or Services. Any reference to “we”, “our” or “us” is a reference to Search.co.uk Limited (Company Number 6586918) or our successors or assignees and any reference to “you” or “your” are references to all individuals and/or entities using the Site/Services.
1.1 We are providing the Site and the material and information published on the Site on an “as is” basis and make no representations, guarantees or warranties of any kind with respect to the Site or its contents or the Services and we disclaim, to the fullest extent permitted by law, all representations, guarantees and warranties, whether express or implied, at law, by custom, or otherwise, in respect of the Services or the Site or its contents including, without limitation, and for the avoidance of doubt, any warranties regarding the accuracy, reliability, completeness, functionality, performance or timeliness of the Site (which we acknowledge may contain technical inaccuracies or errors) or Services, fitness for purpose, merchantability, non-infringement in respect of the Site or Services. For the avoidance of doubt, such content may include, without limitation, communications posted by users, such as CVs posted by individuals seeking employment or recruiters’ postings of vacancy details, job advertisements and other advertisements on the Site. Neither we nor any of our directors, employees or other representatives will be liable for any loss or damage whatsoever arising directly or indirectly out of or in connection with your use of the Site or any of the Services, whether or not we are advised of the possibility of such damages and whether based on warranty, indemnity, tort or otherwise. This is a comprehensive limitation of liability that applies to all damages of any kind including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, loss of income or profit, loss of or damage to property (including intangible property) or to computer systems and equipment, damage resulting from business interruption or lost data, loss of contract, loss of business, loss of revenue, loss of savings (anticipated or otherwise), and claims of third parties. For the avoidance of doubt, we do not accept and you agree that there are no implied duties or obligations upon us in respect of the Site and any duties or obligations incumbent upon us are as expressly detailed in these Terms. Notwithstanding the foregoing, none of the exclusions and limitations in this paragraph 1.1 or elsewhere in these Terms are intended to limit any rights which you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury arising from our negligence or that of our employees or agents or for such other liability which cannot be excluded or limited at law. To the extent permitted by law, our maximum liability arising out of or in connection with your use of the Site or its content, or the Services regardless
2.1 You may not use the Site in order to display, transmit, distribute or store material or post information which is illegal or which, in our sole judgement, may be (a) defamatory, obscene, offensive, indecent, of a menacing or threatening character, may cause annoyance, unwanted attention, inconvenience or anxiety to any person or is otherwise objectionable (b) illegal or designed or likely to induce an illegal act or, (c) inaccurate or false or (d) could cause any disruption to any computer system or network, or (e) infringes the rights of a third party.
2.2 You shall not violate or attempt to violate the integrity or security of the Site.
2.3 The Site may be used only for lawful purposes by individuals seeking employment or alternative employment, recruiters seeking to fill genuine, specific and live vacancies and third parties advertising their goods and/or services.
2.4 As a user of the Site, you are wholly responsible for your own communications and the form, content and accuracy for information which you post to the Site and are wholly responsible for the consequences following your postings. You shall not post inaccurate or misleading information, use the Site or Services or post information for any purpose other than that described in paragraph 2.3, make any changes to any material or information posted by any other person, do anything to interfere or attempt to interfere with the proper working of the Site, share your password with third parties, unless expressly permitted by us to do so, or use your password for any unauthorised purpose, aside from using generally available third party browsers, navigate or search the Site other than by using the search engine available from us, attempt to reverse engineer, decompile, decipher or similar any software comprising the Site, sell or attempt to modify the Site’s content or reproduce, copy or duplicate any such content or information contained on the Site, save as is expressly permitted hereunder, or post material which contains intellectual property rights of third parties without having obtained the prior written consent of such third parties.
2.5 Users agree not to use the Site to infringe the intellectual property rights of others in any way.
3.1 Copyright
All rights in the design, data, text, graphics, editorial, software, source code, logos and all other data and material (“Content”) on this Site and the selection, compilation or arrangement thereof are the copyright of us or other third parties. The use of the Content on any other website or on a networked computer system is prohibited. We authorise you to view and download a single copy of the Content on the Site solely for your personal, non-commercial use.
3.2 Trademarks
All trademarks, product names and company names or logos used in the Site are our property or the property 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 relevant holder’s rights.
3.3 Indemnity
You shall indemnify us and keep us indemnified against any and all damages, losses, claims, proceedings, actions including solicitors’ and other professional’s fees, indirect or consequential or special losses or any lost profits, any loss of business whether or not arising as a result of business interruption, any loss of contract, any loss of revenue, any loss of data, any loss of savings (anticipated or otherwise), any loss or damage to property (tangible or intangible) or to computer systems and/or equipment, any loss of goodwill which may be incurred, without prejudice to the generality, as a result of your use of any Services or the Site, any Advertisement, any breach of the Conditions, any breach of warranty or indemnity, any breach by you of any applicable law, rule, regulation, code of practice or industry standard, any breach of copyright or other third party intellectual property rights or any claims made by any person.
| 4 | HyperlinksThe Site may include links to third party websites as expressly approved by us. Their inclusion does not imply any validation or endorsement by us of the content of the website referred to. Users of the Site link to other websites at their own risk and according to the terms and conditions of use of such websites. For the avoidance of doubt, we accept no responsibility or liability for any losses or penalties that may be incurred or for the accuracy of hyperlinks to third party websites, or the content of such websites. |
| 5 | TerminationWithout prejudice to any other remedies available to us, we reserve the right to terminate your registration and right to use the Site or the Services for any reason at any time without prior notice to you, and without any liability to you whatsoever. |
5.1 Without prejudice to any other remedies available to us, we reserve the right to terminate your registration and right to use the Site or the Services for any reason at any time without prior notice to you, and without any liability to you whatsoever.
5.2 If any provision of these Terms shall be held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the Terms and shall be deemed to be deleted from this Terms and the validity of the remaining provisions shall not be affected. You agree that we shall substitute for any illegal, invalid or unenforceable provision a valid or enforceable provision, which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision. The Terms which are necessary for their enforcement shall survive any expiry or termination of your registration.
Any failure or neglect by us to enforce and provisions of the Terms shall not be construed as a waiver of our rights under the Terms nor shall it prejudice our right to take subsequent action nor shall it affect the validity of any part of the Terms.
The Terms shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the English courts.
1.1 In these Conditions, the following words shall have the following meanings, unless the context otherwise requires: “Advertisement” means Job Advertisements and advertisements comprised in Advertising Campaigns featured on the Site.
“Advertising Campaigns” means the advertising materials submitted by the Client enabling us to provide Online Advertising Services.
“Application” means an application by you for a job vacancy advertised in a Job Advertisement which may include submitting an application form and/or submitting your CV to a Client and/or supplying information about you.
“Clients” means our Clients who use the Site for the purposes of finding suitable Work Seekers with a view to filling job vacancies.
“Conditions” means these terms and conditions and shall also include the General Terms and Conditions of Use of the Site.
“CV” means your curriculum vitae.
“CV Database” means the Site’s CV Database which is a database containing the CVs of Work Seekers for use by our Clients who are licensed members.
“Discrimination Legislation” means all laws and regulations in force from time to time in the United Kingdom the purpose of which is to outlaw discrimination including, without limitation, the Sex Discrimination Act 1975, Equal Pay Act 1970, the Disability Discrimination Act 1995, the Race Relations Act 1976 and the Age Discrimination Act 2006.
“General Terms and Conditions of Use” means the general terms and conditions of use of the Site which form part of the Conditions.
“Job Advertisements” means advertisements posted by Clients on the Site advertising job vacancies.
“Online Advertising Services” means the provision by us of an allocated space on the Site allowing Clients to advertise goods and/or services.
“Services” means the services available for you to use on the Site.
“Site” means the website at www.search.co.uk.
“Work Seeker” means an individual who is using the Site for the purposes of finding employment or alternative employment.
1.2 Any reference to “we”, “our” or “us” is a reference to Search.co.uk Limited (Company Number 6586918) or our successors or assignees
1.3 Any reference to “you” or “your” are references to you, as an individual, who has registered to use the Site for the sole purpose of finding employment or alternative employment.
1.4 References to any statute or statutory provision or regulation shall, unless the context otherwise requires be construed as a reference to that statute, statutory provision or regulation as amended, replaced, extended, re-enacted or modified from time to time.
1.5 The masculine includes the feminine, the singular includes the plural and vice versa.
1.6 Reference to persons or third parties shall include individuals, bodies corporate and unincorporated.
1.7 Headings to Conditions are for information and identification purposes only and shall not be construed as forming part of the Conditions.
2.1 These Conditions shall apply to your use of the Site to the exclusion of all other terms and conditions.
2.2 These Conditions are deemed to be fully read, understood and accepted by you on completion of the on line registration form allowing you to use the Site, by you clicking on the “Accept” option on the Site.
2.3 The Conditions shall continue in full force and effect until replaced by subsequent terms and conditions. The Conditions may be replaced from time to time without notice to you and you are required to check the Conditions frequently for any changes made which may affect you and/or the Site and/or the Services.
2.3 The Conditions shall continue in full force and effect until replaced by subsequent terms and conditions. The Conditions may be replaced from time to time without notice to you and you are required to check the Conditions frequently for any changes made which may affect you and/or the Site and/or the Services.
3.1 We reserve the right to make changes to the Services without prior notice to you.
3.2 We shall not be liable for the unavailability of the Services or the Site.
3.3 In the event that you breach the terms of these Conditions or misuse the Site or Services, we reserve the right to report your actions to the relevant legal/regulatory bodies or authorities, as appropriate.
3.4 Any intellectual property rights, techniques, concepts or ideas conceived by us as a direct or indirect result of providing the Services shall be vested in us exclusively.
3.5 All proprietary rights in relation to the Site and/or Services shall remain vested in us.
4.1 You will require to register as a user of the Site. Registration will be done by you on line. You shall provide all information required by us to allow us to provide the Services. All such information provided by you for the purposes of registering to use the Site or otherwise in connection with the Services shall be accurate, complete and true. If, while you continue to use the Site, any information provided by you to us changes, you must inform us forthwith. On successful registration, you will be entitled to use the Site subject to the Conditions.
4.2 When you register, you will be given the option to sign up to different types of Services as detailed in these Conditions.
5.1 Our Clients will post on the Site Job Advertisements which you will be able to peruse and, if you believe the vacancy to be suitable for you, you will be able to apply to be considered for the vacancy by making an Application and clicking the “apply now” option on the relevant Job Advertisement.
5.2 If you have signed up to receiving Job Advertisements by email, then live Job Advertisements which match your search criteria, as entered by you on the registration form, will be sent to you once every day or once every week depending on the option selected by you.
5.3 You accept and agree that we cannot guarantee the number or suitability of Job Advertisements which will be sent to you and that we make no representation regarding any Job Advertisement posted on the Site or any Client and it is your responsibility to satisfy yourself as to the suitability of any Client or any job vacancy advertised.
5.4 We do not accept responsibility for the content, accuracy or truthfulness of Job Advertisements or information contained therein on the Site.
5.5 In respect of each Application made by you, you hereby warrant:
5.5.1 You have the right to work and live (and meet all other immigration requirements) in the country where the position is situated.
5.5.2 You have read and understood the requirements to fill the vacancy which is advertised in the relevant Job Advertisement and have the appropriate skills and qualifications required.
5.5.3 You are not in breach of any warranties given under condition 8.
5.6 You accept and agree that if a Client wishes to discuss or take action following your Application, the Client will contact you directly.
5.7 Your Application must be made in respect of one job vacancy and not multiple job vacancies which may be advertised by any Client. If you wish to apply for more than one job vacancy advertised by any Client, then you must apply for each job vacancy separately.
6.1 You will be given the option of uploading your CV onto our CV Database. By uploading your CV on to the CV Database, you hereby consent to our Clients viewing and accessing all information and personal data (including any sensitive personal data) contained on your CV. We accept no responsibility or liability for our Clients’ use of your CV or any of the information contained therein or otherwise provided by you.
6.2 Your CVs will be available for viewing by our Clients for the purposes of filling Clients’ job vacancies.
6.3 Subject to Clause 6.1, if a Client wishes to discuss or process your CV in respect of a job vacancy, you accept and agree that the Client shall contact you directly.
6.4 We do not warrant or give any guarantee as to the number of times your CV will be viewed by Clients or that by uploading your CV to the CV Database or taking advantage of any other Services that you will find employment or alternative employment.
7.1 We will provide Online Advertising Services to certain of our Clients. We are not responsible or liable for the content of Advertising Campaigns or for ensuring that the materials featured on the Site, comprised in the Advertising Campaigns, comply with all legal requirements. All responsibility and liability for Advertising Campaigns lies with the Clients to whom we provide the Online Advertising Services. There may be links on Advertising Campaigns which lead to servers maintained by third parties. We accept no responsibility or liability for your use of such third party sites or for the content of or materials contained on such servers/sites.
8.1 You hereby undertake and warrant to us that:
8.1.1 you will use the Site in a manner which is (a) consistent with these Conditions and (b) compliant with all applicable laws, rules, regulations, codes of practice and industry standards;
8.1.2 any information provided by you to us or a Client in a CV, Application or otherwise is accurate, complete and true (including, without limitation, details of your education, training and employment history and qualifications);
8.1.3 the reproduction of any information contained in a CV or Application or otherwise or display of a CV by us as submitted by you or as amended or the submission by you of a CV or application will not breach any agreement with or infringe or violate any right of any person or render us liable to any claims, proceedings or actions of any nature;
8.1.4 no information, Application or CV provided by you contains any information, data, images or other materials which, in our sole judgement, is (a) defamatory, obscene, offensive, of a menacing or threatening character, may cause annoyance, unwanted attention, inconvenience or anxiety to any person or is otherwise objectionable, (b) illegal or designed or likely to induce an illegal act, (c) inaccurate or false, (d) could cause any disruption to any computer system or network or (e) infringes the rights of a third party and you shall not use the Site to transmit or distribute or link to any such information, data, images or other materials;
8.1.5 you will accept full responsibility for your use of the Site or the use/access of the Site by persons using your unique passwords, whether or not they are authorised to use/access the Site and shall indemnify us in accordance with Condition 9 for any losses or damages with directly or indirectly occur as a result of such use;
8.1.6 you will use all possible endeavours to prevent access of the Site to any unauthorised persons including, without limitation, putting in place all appropriate measures to protect passwords and user names;
8.1.7 your use and the use by persons who are not authorised by you but who access the Site by using your unique passwords shall not cause any damage to us or our property or to any other persons or any other persons' property;
8.1.8 the consent of relevant persons has been obtained where there features the name or a pictorial representation of any such person (or part of such a person) in a CV or Application or where there is information in any Application or CV which identifies any such person;
8.1.9 you or persons who are not authorised by you but who access the Site using your unique passwords will not use the Site or the Services in such a way as to disrupt, damage, render less effective or in any way impair any part of the Site and/or the Services;
8.1.10 you shall ensure the security of all information relating to communications between your hardware and the Site; and
8.1.11 you shall not use the Site to gain unauthorised access to other computer systems.
9.1 We reserve the absolute right to suspend or remove your information, Application or CV from the site at any time and without prior notice to you.
9.2 We will be entitled to decline, refuse, withdraw or require to be amended any information or CV or Application provided by you without notice and for any reason and we may report improper or illegal use of CVs or the Services by you to Clients
10.1 We are an advertising medium and do not guarantee that you will find employment or alternative employment as a result of your use of the Site and Services. Further, we make no representation in respect of the existence or availability of jobs which are advertised.
10.2 All liability which could be imposed upon us is excluded to the fullest extent permitted by law. However, for the avoidance of doubt, nothing in these Conditions shall limit either our or your liability for death or personal injury cased by our or your negligence.
10.3 Subject always to condition 10.2,we shall not be liable to you or any third party for:
10.3.1 any damages of any kind including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, loss of income or profit, loss of or damage to property (including intangible property) or to computer systems and equipment, damage resulting from business interruption or lost data, loss of contract, loss of business, loss of revenue, loss of savings (anticipated or otherwise), and claims of third parties, whether or not we are advised of the possibility of such damages and whether based on warranty, indemnity, tort or otherwise;
10.3.2 any cost of replacement Services;
10.3.3 any loss or damage whatsoever and howsoever caused to you arising out of the negligence, dishonesty, misconduct, breach of faith, lack of competence or suitability of or disclosure of confidential information by any Client or any other act or omission of any of our Clients;
10.3.4 any loss of or damage to data, information, photographs, artwork or other information or material supplied to us by you;
10.3.5 any delay, costs, expenses, losses, damages or liability as a result of (a) any actions taken or not taken by you following your use of the Site or Services, (b) any reliance placed by you on the Site and/or Services and any subsequent acts or omissions based upon such reliance, (c) your inability to access or navigate any part of the Site, (d) any hardware failure, (e) use of software, (f) virus or corruption resulting from your use of the Site/Services which damages your computer or server or other property, (g) deletion or removal of data, or (h) your general use of the Site and Services;
10.3.6 any mistakes or errors whatsoever in relation to the Services.
10.4 Subject always to Condition 10.2, if we are found liable for any loss under the Conditions, our liability will be limited to direct losses only up to a maximum of £100.
10.5 You agree and accept that no Condition, warranty or representation of any kind is, has been, or will be, given by us or on our behalf in respect of or in any way relating to Services or the Site and you have not, in accepting these Conditions, relied on any Condition, warranty or representation by us or any person on our behalf, express or implied. For the avoidance of doubt, all warranties, express or implied, by law, custom or otherwise in relation to the Site or the Services or their content are excluded.
11.1 You shall indemnify us and keep us indemnified against any and all damages, losses, claims, proceedings, actions including solicitors’ and other professionals’ fees, any damages of any kind including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, loss of income or profit, loss of or damage to property (including intangible property) or to computer systems and equipment, damage resulting from business interruption or lost data, loss of contract, loss of business, loss of revenue, loss of savings (anticipated or otherwise), and claims of third parties, whether or not we are advised of the possibility of such damages and whether based on warranty, indemnity, tort or otherwise, which may be incurred, without prejudice to the generality, as a result of your use of any Services or the Site, any Advertisement, any breach of the Conditions, any breach of warranty or indemnity, any breach by you of any applicable law, rule, regulation, code of practice or industry standard, any breach of copyright or other third party intellectual property rights or any claims made by any person under Discrimination Legislation/defamation laws or otherwise.
12.1 We reserve the right to immediately terminate Services in the event that you are in breach of any of these Conditions or otherwise by giving to you one hour’s notice, without incurring any liability to you.
13.1 Any notice to be given under these Conditions shall either be in writing addressed to the relevant party at its registered office or principal place of business or home address (where the relevant party is an individual) or at such other address as may be notified to the other party from time to time or be in the form of an email addressed to us at sales@search.co.uk or to you at the address specified by you in the Service Agreement (or such other email address as may be supplied by each party to the other).
13.2 Notice shall be deemed to have been duly given or made as follows:
13.2.1 if personally delivered, upon delivery at the address of the relevant party;
13.2.2 if sent by first class post, seven days after the date of posting; and
13.2.3 if sent by air mail, five days after the date of posting, and
13.2.4 if sent by email within one hour of transmission if transmitted during working hours or 9 o'clock in the morning of the next working day.
14.1 If any provision of these Conditions shall be held to be void or declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible from the Conditions and shall be deemed to be deleted from the Conditions and the validity of the remaining provisions shall not be affected. You agree that we shall substitute for any illegal, invalid or unenforceable provision a valid or enforceable provision, which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
14.2 The Conditions contain the entire and exclusive agreement and understanding between us and you on the subject matter contained herein and supersede all prior agreements, understandings and arrangements relating thereto, save in the event of fraud. No representation, undertaking or promise shall be taken to have been given or implied from anything said or written in negotiations between the parties prior to these Conditions taking effect.
14.3 No provision or term of the Conditions shall be enforceable by any third party under the terms of the Contracts (Rights of Third Parties) Act 1999.
14.4 The terms of the Conditions which are necessary for its enforcement shall survive any expiry or termination of the Services provided to you.
14.5 Any failure or neglect by us to enforce any provisions of these Conditions shall not be construed as a waiver of our rights under these Conditions nor shall it prejudice our right to take subsequent action nor shall it affect the validity of any part of the Conditions.
14.6 The Conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to the Conditions) shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the English courts.