Welcome
to our Web Site!
Forgive the length of these T's and C's! - Once you start getting lawyers
involved, things just proliferate. - In essence, we are simply requesting
that all of our users abide by the laws of the land, with decency and
due regard for all other users and readers. We reserve the right to
remove materials at our sole discretion.
By proceeding beyond this page, you accept these Terms and Conditions
and agree to abide by them.
Very occasionally we may revise these Terms and Conditions by updating
this section. You should therefore revisit this page periodically to
review these Terms and Conditions, as they are binding on you.
Use
of the Web Site:
References
to "we/our/us" are to the owners, and staff associated with
this site. The terms "You" and "User" are used to
refer to all individuals and/or entities accessing this website for
any reason.
The web site may be used only for lawful purposes.
As a user, you are responsible for your own communications and are responsible
for the consequences of placing or responding to an advertisement or
any other link.
By placing an order for any of the services offered on this web site,
you are requesting that those services appear on our web site and in
other media where this may be applicable, in accordance with these terms.
This means that your contact or other details can be viewed by anyone
with Internet access throughout the world. You consent to the publication
of this data in this way.
When you register for the web site, you may be asked to provide certain
information including, without limitation, a valid email address. In
addition to the terms and conditions that may be set forth in any privacy
policy on this web site, you understand and agree that we may disclose
to third parties, on an anonymous basis, certain aggregate information
contained in your registration application. We will not disclose to
any third party your name, address, e-mail address or telephone number
without your prior consent, except to the extent necessary or appropriate
to comply with applicable laws or in legal proceedings where such information
is relevant. We reserve the right to offer third party services and
products to you. Such offers may be made by us or by third parties.
By submitting
content to any area of the web site currently or potentially available
through the website, you grant us and any affiliates the loyalty-free,
perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive
right (including any moral rights) and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute,
communicate to the public, perform and display the content (in whole
or in part) worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed, for the full
term of any rights that may exist in such content. You also warrant
that the holder of any rights, including moral rights in such content,
has completely and effectively waived all such rights and validly and
irrevocably granted to you the right to grant the license stated above.
You also permit any subscriber to access, display, view, store and reproduce
such content for personal use. Subject to the foregoing, the owner of
such content placed on the web site retains any and all rights that
may exist in such content.
By submitting an advert to us, or responding to an advert on the web
site you shall be deemed to have accepted these terms.
Making
an Order:
By agreeing to place your advert with us, you are requesting that the
advert appears on our web site. We will endeavour to contact you by
e-mail to accept your advert or to inform you if we are not able to
accept the advert for any reason. However, no contract is made between
us until we have verified and accepted your advert copy.
If you send your advert to us on a working weekday before 4.00pm we
will usually confirm that same day whether or not it is accepted by
us. Orders received after 4.00pm or during a weekend or bank holiday
will not usually be verified or accepted before the following weekday
(excluding Bank Holidays).
To ensure your advert is placed on the web site in the right format,
you must provide all advert copy by completing any standard order form
appropriate to the relevant service.
By placing an advert with us you are granting us a licence, with a right
to sub-license, to reproduce that advert (including in a modified form)
as part of or in association with services on any website or on any
other media controlled by us or by any third party with whom we have,
or enter into, an agreement for the provision of classified advertising
Your
Advert:
Each individual advert must be for only unit.
Your advert copy must be legal, decent, honest and truthful and comply
with British (or relevant national) Code of Advertising Standards Authority,
must be accurate and not infringe the rights of any third party. We
may amend the advert to ensure as far as is reasonably practical, compliance
with those requirements. Bearing in mind the nature of the service,
we are not able to verify these issues with regard to any statements
made by you in your advert copy and accordingly you shall indemnify
us and hold us harmless from all claims, costs and expenses (including
legal expenses) resulting from your or any breach of this paragraph.
Restrictions and Prohibited Use of the Web Site:
You are authorised to view material on this or any other of our web
sites for your personal non - commercial use only.
All the contents and compilation of this web site are protected, and
the property of either ourselves, its content suppliers or clients.
Unauthorised use of any of these Materials, including code, in any manner
may violate copyright, trademark, and other laws.
You must not, and by using this web site you agree not to, do the following
things:
- Post any incomplete, false or inaccurate information which is inaccurate,
or not your own to reference.
- Delete or revise any material posted by any other person or entity
- Transmit, distribute, store or destroy material in violation of any
relevant law or regulation
- Transmit, distribute, store or destroy material in a manner that will
infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity or other
personal rights of others
- Transmit, distribute, or store material that is defamatory, obscene,
threatening, abusive or hateful or embarrassing to another user or any
other person or entity
- Post a sexually-explicit image or statement
- Post advertisements or solicitations of business
- Post chain letters, pyramid schemes, franchise, club membership, distributorship
or sales representative agency arrangement or other business opportunity
which requires an up front or periodic payment, pays commissions only
(no significant salary), requires recruitment of other members, sub-distributors
or sub-agents
- Impersonate another person
- Post material that contains, without limitation, viruses, Trojan horses,
worms, time bombs, cancelbots, or other computer programming routines
or engines that are intended to overload, flood, spam, mailbomb, crash
or otherwise damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data, or information or services to any user,
host or network
- Use or attempt to use any device, engine, software, tool, agent, routine
or mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to navigate or search this web site other
than the search engine and search agents available on this web site
and other than generally available third party web browsers (e.g., Netscape
Navigator, Microsoft Explorer)
- Use or attempt to use any device, engine, software, tool, agent, routine
or mechanism (including without limitation browsers, spiders, robots,
avatars or intelligent agents) to interfere or attempt to interfere
with the proper working of the web site or any activity being conducted
on the site
- Violate or attempt to violate the security of the web site, including,
without limitation
- accessing data not intended for such user or logging into a server
or account which the user is not authorised to access
- attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorisation
- sending unsolicited e-mail, including promotions and/or advertising
of products or services
- forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting
- attempting to decipher, decompile, disassemble or reverse engineer
any of the software comprising or in any way making up a part of the
web site
Violations of system or network security may result in civil or criminal
liability. We will investigate occurrences which may involve such violations
and may involve, and co-operate with, law enforcement authorities in
prosecuting users who are involved in such violations.
Our Liability:
This web site acts as a passive conduct and venue for the online distribution
and publication of user-submitted information. We have no obligation
to screen communications or information in advance and are not responsible
for screening or monitoring material posted by users. We have no control
over and take no responsibility for the quality, safety or legality
of ads posted, or the truth or accuracy of any listings.
We do not represent or guarantee in any way the truthfulness, accuracy,
or reliability of communications posted by users or endorse any opinions
expressed by users. In addition, it is acknowledged that there are risks,
including but not limited to the risk of physical harm, of dealing with
strangers, foreign nationals, under age persons or people acting under
false pretences. You assume all risks associated with dealing with other
users with whom you come in contact through the web site.
By its very nature, other people's information may be offensive, harmful
or inaccurate, and in some cases will be mislabelled or deceptively
labelled. We expect that you will use reasonable caution and common
sense when using this web site.
You acknowledge and agree that you are solely responsible for the form,
content, accuracy of and liability for any material contained therein
placed by you on the web site. You are solely and similarly responsible
for your own postings on the web site.
If notified by a user of communications which allegedly do not conform
to these Terms and Conditions, we may investigate the allegation and
determine in good faith and its sole discretion whether to remove or
request the removal of the communication.
We have no liability or responsibility to users for performance or non
performance of such activities.
We reserve the right to expel users and prevent their further access
to the web site for violating the Terms and Conditions or the law and
the right to remove communications which are abusive, illegal, or disruptive.
We may take any action with respect to user-submitted information that
we deem necessary or appropriate at our sole discretion if we believe
it may create liability for ourselves or may cause us to lose (in whole
or in part) the services of any of our users, clients, browsers, suppliers,
or any other stakeholders or users.
You acknowledge that any reliance on material posted by other users
will be at your own risk.
In the event that you have a dispute with one or more users, you release
us(and our agents and employees) from claims, demands and damages (actual
and consequential, direct and indirect) of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes.
We are not to be considered to be an employer with respect to your use
of the web site and are not responsible for any decisions of any nature,
for whatever reason made, by any entity posting ads on the web site.
The Material may occasionally contain inaccuracies or typographical
errors. We make no representations about the accuracy, reliability,
completeness, or timeliness of the web site or the Material. The use
of the web site and the Material is at your own risk. Changes are periodically
made to the web site and may be made at any time.
We do not warrant that the web site will operate error free or that
this web site or its server(s) are free of computer viruses or other
harmful mechanisms. If your use of the website or the material results
in the need for servicing or replacing equipment or data, we are not
responsible for those costs.
The web site and material are provided on an as is basis without any
warranties of any kind. We, to the fullest extent permitted by law,
disclaim any and all representations, warranties, undertakings and conditions,
express or implied, including the warranty of merchantability, fitness
for particular purpose, title and non-infringement, except as expressly
otherwise provided in these terms and conditions. We make no warranty
about the accuracy, reliability, completeness, or timeliness of the
material, services, software, text, graphics or links contained in any
of the materials on the site.
Where we have accepted an advert but it does not appear on the web site
at all you shall be entitled to a refund of the advert price unless
the omission is caused by unforeseen circumstances beyond our reasonable
control or because of your breach of contract. Our liability to you
for breach of contract or negligence shall not exceed an amount equal
to the price of any advert or series of adverts regarding the same matter
placed by you on the site. In no event shall we be liable for any special,
indirect, consequential or purely economic loss whatsoever or any loss
of profit regardless of whether such losses are foreseeable and whether
or not caused by our negligence arising out of or in connection with
the use of the site. Nothing contained in these terms and conditions
shall have effect so as to limit our liability for loss or damage arising
out of personal injury or death or acts of fraud.
In no event shall we, our suppliers, or any third parties mentioned
on the web site be liable for any damages whatsoever (including without
limitation, incidental and consequential damages, lost profits, or damages
resulting from lost data or business interruption) resulting from the
use or inability to use the web site and the material, whether based
on warranty, contract, tort, or any other legal theory, and whether
or not we are advised of the possibility of such damages.
In no event shall we, our officers, servants, agents or employees be
liable for any special, indirect, consequential or purely economic loss
whatsoever regardless of whether such losses are foreseeable and whether
or not caused by our negligence arising out of or in connection with
the use of our websites or other services, save that nothing contained
in these terms and conditions shall have effect so as to limit our liability
for loss or damage arising out of personal injury or death or acts of
fraud.
Within the site you may find links or references to third party materials
and third party web sites outside our own network.. We accept no liability
of any description in respect of the contents of such materials or sites.
We should not be taken to be endorsing, publishing, permitting or authorising
such sites or materials.
The intellectual property rights in all elements of the site comprising
or available at or through this or any of our web sites including without
limitation the copyright, database rights, trade marks and patents,
know how, confidential information and collections of personal data
are owned or controlled by us or as otherwise stated.
We will not be liable for any loss of copy, artwork, photographs, data
or other materials which the Client supplies to it and the Client shall
be responsible for retaining in its possession sufficient quality and
quantity of such materials for whatsoever purposes it may require.
We accept no responsibility for any mistakes or errors whatsoever that
arise during the course of publication of any Advertisement or Promotion
and shall not be liable for any loss of information or data or any damage
thereto or by reason of any representation or terms whatsoever for any
loss of profit by any indirect, special or consequential loss (whether
caused by our own negligence, or that of our employees, agents or other
stakeholders).
Nothing in these Conditions shall render us liable for any loss or liability
(including without limitation as a result of any server crashes or being
out of service, deletion, corruption, loss or removal of data) arising
out of the occurrence of any matter outside its reasonable control.
Time shall not be of the essence in respect of our own obligations hereunder.
No liability will be accepted by us for any delay costs expense loss,
damage or other loss (including without limitation loss of profits or
any loss resulting from any software disk or virus) howsoever caused
arising from any matter beyond the reasonable control of ourselves,
or any failure to provide the Services or out of any inaccurate, ambiguous
or misinterpreted information or representation.
The Company accepts no liability for claims arising from the use of
any of the Materials on or use of the website.
Indemnity:
The Client agrees without prejudice to any other right of action which
we may have, and at all times keep us fully and effectively indemnified
and hold us, our officers, directors, employees and agents harmless
against any claims, actions, demands or liability (which liability shall
include, without limitation, all losses, costs, expenses, actions, damages,
legal and other professional fees and expenses on a full indemnity basis)
which we may suffer or incur as a result of any Advertisement or any
Promotion, or pursuant to the Services, or by reason of, any breach
or non-fulfilment of any of the Client's obligations in respect of these
Conditions, alleging or resulting from the Client's use of the Material
or breach of the terms of these Terms and Conditions. We shall provide
notice to you promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim, suit or proceeding.
General:
These Conditions together with the Contract, and any relevant Registration
or Order Form govern the provision of the Services by us and the obligations
of ourselves and the Client during the period that the Services are
supplied to the Client by us as set out in the Contract.
These Conditions shall take immediate effect in substitution for all
previous terms and conditions relating to the Services whether written,
oral or implied between ourselves and the Client.
These Conditions are deemed to be accepted by the Client upon occurrence
of any of the following: receipt by ourselves of a completed Order Form
or other form of authority, signed for and or approved by on behalf
of the Client or upon entry into the Contract by signature (or clicking
on the accept button below if on line).
No variation of or alteration to these Conditions shall be valid unless
expressly agreed and confirmed in writing by one of our nominated authorities.
We may, at our discretion and without notice, report improper or illegal
use of materials or the Services by the Client to the relevant legal
and/or professional bodies or other relevant, national authority.
We make no claim that the Materials may be lawfully viewed or downloaded
in all parts of the globe. Access to the Materials may not be legal
by certain persons or in certain countries. If you access the Web Site,
you do so at your own risk and are responsible for compliance with the
laws of your jurisdiction. Jurisdiction for any claims arising under
this agreement shall lie with the English Courts. If any provision of
these Terms and Conditions are found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No waiver of any term of
these Terms and Conditions shall be deemed a further or continuing waiver
of such term or any other term. Except as expressly provided in additional
terms of use for areas of the Web Site a particular "Legal Notice,"
or Software License or material on particular Web pages, these Terms
and Conditions constitute the entire agreement between you and ourselves
with respect to the use of the web site. No changes to these Terms and
Conditions shall be made except by a revision to this section of the
website.
The Client shall not be entitled to assign the Contract nor any or all
of its rights and obligations hereunder.
If any provision of these Conditions shall be invalid or unenforceable,
it shall not affect any other provision which shall remain in full force
and effect.
These Conditions and the Contract are the entire agreement between the
Client and ourselves in respect of the Services.
Any waiver by ourselves shall not be considered as a waiver of the same
succeeding or any other breach of the same provision and any delay shall
not operate as a waiver by us.
No Resale or Unauthorised Commercial Use
You agree not to resell or assign your rights or obligations under these
terms. You also agree not to make any unauthorised commercial use of
the Web Site.
Links to Other Sites
The Web Site contains links to third party web sites. These links are
provided solely as a convenience to you and not as an endorsement by
us of the contents on such third-party Web sites. The Company is not
responsible for the content of linked third-party sites and does not
make any representations regarding the content or accuracy of materials
on such third party Web sites. If you decide to access linked third
party Web sites, you do so at your own risk.
Payment Provisions:
All invoices are payable in full prior to the copy being published or
the Promotion being transmitted by us on our website unless otherwise
agreed by us in which case invoices are due for payment strictly net
14 days.
All sums due in respect of the Fees are exclusive of any Value Added
Tax or other applicable tax, for which the Client shall be additionally
liable. All sums due from the Client which are not paid on the due date
shall bear interest at the annual rate of 4% over the prevailing base
rate of Barclays Bank Plc, such interest shall accrue from the due date
until payment is made in full.
Changes, Cancellations and Interruptions
Cancellation of an order for provision of the Services to the Client
after receipt of a signed Order Form or Contract will result in a cancellation
fee of 50% of the total invoice value.
Refunds
Refunds will only be given at the exceptional discretion of the Management
where it is clearly demonstrated that staff in our employment have acted
negligently or irresponsibly
Termination:
We reserve the right, at our sole discretion, to pursue all legal remedies,
including but not limited to deletion of your advertisement or other
material from this or other of our Web Sites, and immediate termination
of any registration now or at any stage in the future, with or ability
to access the Web Site and/or any other service provided to you by us,
upon any breach by you of these Terms and Conditions or if we are unable
to verify or authenticate any information you submit to the Web Site
registration with or ability to access the web site.
Additional Terms of Use:
Certain areas of this Web Site now or at any stage in the future be
subject to additional terms of use. By using such areas, or any part
thereof, you agree to be bound by the additional terms of use applicable
to such areas.
English Law
These terms and the contract of which they form a part shall be governed
by English law and shall be subject to the non-exclusive jurisdiction
of the English courts. In the event of any inconsistency between these
terms and the Legal Notice, these terms shall prevail.
Assistance
If you need any assistance or advice please call us on 0870 050 51 44
or e-mail welcome@1stUKRecruitmentDirectory.com