Terms and Conditions of Use
These Terms apply to Your use of the www.childcarevacancies.com website and by accessing this website, You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these Terms, You may not use or access this website. If there is anything You do not understand please feel free to contact us.
- "Recruiter" means a party looking to recruit employees via the Website;
- "Services" means services displayed for use on the Website;
- "Terms" means these terms and conditions;
- "User" means any person who uses the Website and "Users" means the users of the Website collectively;
- "User Information" means the details provided by You on any application in conjunction with Your use of Our services and the Website.
- "We/Us/Our" means VacancyCentral.co.uk
- "Website" means the website located at www.childcarevacancies.com or any subsequent URL which may replace it and its associated web sites, such as but not limited to www.vacancycentral.co.uk; and
- "You/Your" means a user of the Website.
A) USE OF THE WEBSITE
1) AccessWe will provide You with free access to the Website, subject to these Terms.
2) Your Obligations
2.1 You hereby agree
- 2.1.1 not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
- 2.1.2 not to upload or transmit through the Website without limitation, 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;
- 2.1.3 not to upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
- 2.1.4 not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
- 2.1.5 not to use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
- 2.1.6 not to attempt any unauthorised access to any part or component of the Website;
- 2.1.7 agree that in the event that You have any right, claim or action against any other User arising out of that User's use of the Website, then You will pursue such right, claim or action independently of, and without recourse to Us;
- 2.1.8 that all information that You submit via the Website shall be complete and accurate in all material respects;
- 2.1.9 that You have the right, authority and capacity to enter into and be bound by these Terms; and, as evidenced by continuing use of the Website
- 2.1.10 to comply with these Terms.
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, 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 account or login.
4) Our Rights
4.1 We reserve the right to:
- 4.1.1 modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to You and You confirm that We shall not be liable to You or any third party for any modification to or withdrawal of the Website; and/or
- 4.1.2 change these Terms from time to time. You acknowledge that Your continued use of the Website (or any part thereof) 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; and/or
- 4.1.3 at Our sole discretion, to take any action that We deem necessary, including terminating without notice Your use of the Website, if We consider that You are making any illegal or unauthorised use of the Website.
- 4.2 We will use Our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You agree that You will not be eligible for any compensation in any form because You cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
5) Third Party Links
In an attempt to provide increased value to Our Users, We may provide links to other websites or resources. You acknowledge and agree that We are not responsible for the availability of such external sites 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, goods 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 sites or resources.
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 or terminating service, denying access and/or removing any materials from the Website).
7) Your Personal Data
- 7.1 We respect Your personal information and undertake to comply with applicable Data Protection legislation from time to time in place.
7.2 We confirm that any personal details which You provide to Us (or which are available on public registers) from which We can identify You are held in accordance with Our data protection registration notification. When You register with us We consider the information You provide as private. We use the information for the following purposes:
- 7.2.1 processing Your account;
- 7.2.2 for statistical purposes to improve the service We give to You;
- 7.2.3 to administer Our business;
- 7.2.4 unless You have already objected during the registration process, to notify You of products or services that may be of interest to You; and
- 7.2.5 unless You have already objected during the registration process, to be disclosed to other members within Our group of companies and also to other relevant third parties, who may contact You about their products or services that may be of interest to You.
- 7.3 If You do not want Us to notify You about products and services that may interest You, or You do not wish Us to transfer Your data to group companies and third parties so that they can contact You about their products or services, and have not objected during the registration process, please contact us stating Your full name, address, Your e-mail address, Your home/mobile phone number, any other relevant details, and notify Us accordingly.
- 7.4 Subject to Your rights of objection set out above, and Your right of objection in the registration process, You agree that You do not object to Us, Our group companies or third parties contacting You for any of the above purposes whether by fax, telephone, e-mail, in writing, by SMS or by any other means, and You confirm that You do not and will not consider any of the above as being a breach of any of Your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999 or any other applicable legislation.
- 7.5 In the event that Your personal information is no longer used by Us for the purposes described in this document, We will delete it except insofar as it is necessary to retain such information to comply with other relevant or applicable law.
- 7.6 In the event that Your personal data becomes untrue, inaccurate or incomplete, or in any event, You have the right to access Your personal data and may rectify the same.
- 7.7 You should be aware that if We are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide information concerning You, We shall do so. We also reserve the right to disclose individually identifiable information to third parties where a complaint arises concerning Your dealings with Us, and those dealings are deemed by Us inconsistent with these Terms.
- 7.8 We may use "cookies" and other software so as to be able to build up a profile of Your interests and preferences and this may be used by Us to develop and operate the Service.
- 7.9 We may disclose to third parties aggregated data on Our customers, provided that a single individual is not identifiable in such data.
- 7.10 We may disclose or grant access to some of Your personal data to Recruiters using the Website, in order for them to consider Your credentials and whether they would be interested in offering You employment.
8) Intellectual Property and Right to Use
- 8.1 You acknowledge and agree that 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.
- 8.2 You acknowledge and agree that the material and content contained within 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, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
8.3 You are expressly prohibited from:
- 8.3.1 reproducing, copying, editing, transmitting, uploading or incorporating into other materials, any of the Website; and
- 8.3.2 removing, modifying, altering or using any registered or unregistered marks/logos� owned by Us, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Us or could be considered an infringement of any of the intellectual property rights owned and/or licensed by Us.
9.1 You may send Us notices under or in connection with these Terms:
- 9.1.1 by E-Mail to firstname.lastname@example.org
- 9.2 As proof of sending does not guarantee Our receipt of Your notice, You must ensure that You have requested and received an acknowledgement from Us which, should it be required, will be sent within 5 working days of Our receipt and should be retained by You.
10) Limitation of Liability
- 10.1 While We will use reasonable endeavours to verify the accuracy of any information We place on the Website, We make no warranties, whether express or implied in relation to its accuracy.
- 10.2 The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and We make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through 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.
- 10.3 We make no warranty that the Website will meet Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website.
- 10.4 You acknowledge that We cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by You.
- 10.5 To the maximum extent permitted by law, We shall not be liable for any loss, injury or damage caused in whole or in part by Your use of the Website or the information provided therein, or by any failure, delay or interruption of the provision of the Website or information provided therein, or by Our failure to perform any of Our obligations under these Terms.
10.6 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms for:
- 10.6.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- 10.6.2 any loss of goodwill or reputation; or
- 10.6.3 any special or indirect or consequential losses;
- 10.7 Subject to 10.8 below, Our liability to You under these Terms shall in no event exceed £2,000.
- 10.8 Nothing in the Terms shall exclude or limit Our liability for death or personal injury resulting from Our negligence or that of Our servants, agents or employees.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.
No waiver by Us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of these Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
14) Entire Agreement
These Terms (as amended from time to time) contain the entire agreement between You and Us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between You and Us in relation to such matters. No oral explanation or oral information given by either of Us shall alter the interpretation of these Terms. You confirm that, in agreeing to accept these Terms, You have not relied on any representation save insofar as the same has expressly been made a representation in these Terms and You agree that You shall have no remedy in respect of any misrepresentation which has not become a term of these Terms save that Your agreement contained in this Clause shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these Terms.
The Terms shall be governed by and construed in accordance with the laws of England and You irrevocably submit to the exclusive jurisdiction of the courts of England.