CANDIDATE - TERMS AND CONDITIONS FOR RECRUITER/EMPLOYER TERMS AND CONDITIONS, CLICK HERE
1. WHAT THESE TERMS COVER AND WHY YOU SHOULD READ THEM
1.1. This document (“Terms”) sets out the terms and conditions on which we provide the website channelpeople.co.uk (“Website”) and the services available through the Website as set out at paragraph 4 below) (“Services”) to you as a user of the Website or the Services (User, you or your).
1.2. Please read these Terms carefully before you use our Services. These Terms tell you who we are, how we will provide the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. We are Channel People Limited, a company incorporated in England and Wales under registration number 10465900. Our registered office 19 Trinity Square, Llandudno, Conwy, United Kingdom, LL30 2RD. Our VAT number is 263561305.
2.2. You can contact us by telephone by calling 01252 918000 or by writing to us at firstname.lastname@example.org AND Office 7, 35-37 Ludgate Hill, London. EC4M 7JN
2.3. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address or telephone number you provided to us when you registered to use our Website and Services.
3. OUR CONTRACT WITH YOU
3.2. While we do not target our Services to persons under the age of 18 years old if you are of working age you may use our Website and Services. If you are not at least 18 years old you must use our Website and Services under the supervision of a parent, guardian, or responsible adult.
4.1. For ease of reference, such third parties who have registered with and advertise vacancies for job opportunities through our Website shall be referred to as “Recruiters” throughout these Terms.
4.2. In these Terms, words importing the singular shall include the plural and vice versa and words importing the masculine gender shall include the feminine gender and vice versa.
4.3. All and any business undertaken between you and us is subject to these Terms. In the event of any conflict between these Terms and any other terms and conditions, these Terms shall prevail unless expressly otherwise agreed between you and us in writing. No variation of these Terms shall be valid if made without our written consent.
4.4. These Terms supersede all previous terms of business.
4.5. In these Terms, any phrase that includes the words other, including, for example, such as or in particular (or any similar expressions) shall be deemed to include the phrase "without limitation".
5. PROVIDING THE SERVICES
5.1. The Services which we shall provide through our Website shall be to:
5.1.1. provide you with access to our database of Recruiters and allow you to browse the job opportunities that such Recruiters have advertised through our Website (“Vacancies”)
5.1.2. grant you the ability to create a user profile setting out [your name, current job title, minimum salary, specialisms phone number, email address, website address, experience, current salary, education, professional qualifications, photo and any other details you feel are necessary by way of the form text box (“User Profile”) and to attach to your User Profile a CV which can be viewed by those Recruiters who have registered to use our Website.
5.2. It is important for you to note that the Services do not act as a means of introducing you to Recruiters. The following do not form part of the Services:
5.2.1. confirmation of the identity of the Recruiter;
5.2.2. confirmation that you are suitable for a particular Vacancy advertised by a Recruiter;
5.2.3. ensuring that both you and a relevant Recruiter are aware of any legal requirements which may apply to a particular Vacancy advertised by a Recruiter;
5.2.4. ensuring that it would not be detrimental to either you or a relevant Recruiter for a Vacancy advertised by that Recruiter to be fulfilled by you;
5.2.5. take up any references in relation to you; or
5.2.6. arrange for accommodation for you.
5.3. It is your responsibility to ensure that you have the relevant, qualifications, experience and training when applying for a particular Vacancy advertised by a Recruiter.
5.4. You hereby agree, acknowledge and understand that we provide no guarantee that by registering with our Website and by using the Services, that you will receive any offer of employment from those Recruiters registered with our Website.
5.5. While we will do what we can to ensure that the Services remain error free and uninterrupted, we provide no warranty that the Services shall remain accessible at all times or that they shall be error free and we accept no liability for any inability to access the Services howsoever caused.
6. OUR RIGHTS TO MAKE CHANGES
6.1. We may be required to make changes to these Terms, but if we do so we will notify you and you may then contact us to end the Contract before the changes take effect.
7. PROVIDING AND SUSPENDING THE SERVICES
7.1. Subject to paragraph 5.5, the Services shall be available to you once you have completed the necessary registration details on our Website (“Registration”).
7.2. We may have to suspend the supply of our Services to you to:
7.2.1. deal with technical problems or make minor technical changes;
7.2.2. update the Services to reflect changes in relevant laws and regulatory requirements.
7.3. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the Contract for the supply of the Services if we suspend it, or tell you we are going to suspend it.
8. INFORMATION WE REQUIRE FROM YOU
8.1. We may need certain information from you so that we can supply the Services to you, for example, a correct email address, name and telephone number. This information should be provided by you upon Registration.
8.2. At the point of Registration, in addition to the information requested under paragraph 8.1 above, you will also be asked to upload your CV to our Website.
8.3. You agree to supply such information as set out at paragraphs 8.1 and 8.2 (“Your Information”), and consent, save for in accordance with paragraph 8.4, to it being shared by us with Recruiters who have registered with our Website.
8.4. If you do not wish us to share Your Information with Recruiters, you have the option to register without uploading your CV. You will still be able to apply for job vacancies advertised on the site and will be asked to upload your CV for each individual application.
8.5. Your Information must represent an accurate description of you, and you understand, acknowledge and agree that it is your sole responsibility to for the form, content and accuracy of any CV or material contained therein placed on our Website.
8.6. You must ensure that the email address and contact details (such as postal address, postcode and telephone number) we hold for you are kept up-to-date. We may need to contact you with important information. If you change your contact details you must inform us of the new details through your account settings.
9. YOUR RIGHTS TO END THE CONTRACT
9.1. To end the Contract with us, please emailing us at email@example.com.
10. OUR RIGHTS TO END THE CONTRACT
10.1. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 48 hours in advance of our stopping the supply of the Services.
10.2. We reserve the right to delete your account and all of Your Information and end this Contract in the event that there is a significant duration of inactivity on your account.
11. PRICE AND PAYMENT
11.1. You may register an account on our Website, browse the Vacancies and Recruiter Profiles free of charge.
12. HOW WE MAY USE THE CONTENT YOU PROVIDE TO US ON OUR WEBSITE
12.1. When you use our Website, complete your Registration or otherwise use the functions of the Services, you may submit to us various material, including but not limited to Your Information as referred to at paragraph 8.3 (“Your Content”).
12.2. By submitting Your Content to us via the Website, you grant us a right to use Your Content for the purpose of us providing the Website and our Services:
12.2.1. which is not exclusive to us;
12.2.2. which can be used worldwide;
12.2.3. for which you shall receive no royalty payments;
12.2.4. which shall continue indefinitely (with rights for us to grant other people a right to do the same),
which will allow us to use, adapt, perform, display, reproduce, communicate to the public and distribute Your Content through any media now or in future known, which includes the right to display Your Content on and in connection with the Website.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1. We will use the personal information you provide to us for the purpose of providing the Services.
14. ACCEPTABLE USE OF OUR WEBSITE AND SERVICES
14.1. You warrant and undertake that you will use our Website and Services for lawful purposes only, and will not use our Website and Services:
14.1.1. in any way that breaches any applicable local, national or international law or regulation;
14.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
14.1.3. for the purpose of harming or attempting to harm minors in any way;
14.1.4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out at paragraphs 14.4 and 14.5 below (“Content Standards”);
14.1.5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
14.1.6. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
14.2. You also warrant and undertake:
14.2.1. not to (or attempt to) reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by our Website and or Services;
14.2.3. not to access without our authority, interfere with, damage or disrupt:
a) any part of our Website;
b) any equipment or network on which our Website is stored;
c) any software used in the provision of our Website; or
d) any equipment or network or software owned or used by any third party.
14.3. When providing Your Content to the Website, the following Content Standards apply to any and all Your Content which you contribute to our Website. You must comply with the spirit and the letter of the following Content Standards. The Content Standards apply to each part of any User Content as well as to its whole.
14.4. Your Content must:
14.4.1. be accurate (where they state facts);
14.4.2. be genuinely held (where they state opinions); and
14.4.3. comply with applicable law in the UK and in any country from which they are posted.
14.5. Your Content must not:
14.5.1. contain any material which is defamatory of any person;
14.5.2. contain any material which is obscene, offensive, hateful or inflammatory;
14.5.3. promote sexually explicit material;
14.5.4. promote violence;
14.5.5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
14.5.6. infringe any copyright, database right or trade mark of any person;
14.5.7. be likely to deceive any person;
14.5.8. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
14.5.9. promote any illegal activity;
14.5.10. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
14.5.11. be likely to harass, upset, embarrass, alarm or annoy any person;
14.5.12. be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
14.5.13. give the impression that they emanate from us, if this is not the case; or
14.5.14. advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
14.6. We will determine, in our discretion, whether there has been a breach of this section 14 through your use of our Website. When a breach of this section 14 has occurred, we may take such action as we deem appropriate.
14.7. Failure to comply with this section 14 constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:
14.7.1. immediate, temporary or permanent withdrawal of your right to use our Website and the Services;
14.7.2. immediate, temporary or permanent removal of any posting or material uploaded by you to our Website;
14.7.3. issue of a warning to you;
14.7.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
14.7.5. further legal action against you; or
14.7.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
14.8. We exclude liability for actions taken in response to breaches of this section 14. The responses described in paragraph 14.7 are not limited, and we may take any other action we reasonably deem appropriate.
15. OUR LIABILITY TO YOU
15.1. We provide the Services to you for domestic and private use only. We accept no liability for loss of profit, loss of business, business interruption or loss of business opportunity where the Services are used for commercial purposes.
15.2. Our Website and Services act, amongst other things, as a virtual location for:
15.2.1. Recruiters to advertise Vacancies, create organisational profiles and browse and review the CVs and profiles of those who have registered with our Website to seek employment (“Candidates”); and
15.2.2. For Candidates to post CVs, upload profiles and review Vacancies.
15.3. We do not:
15.3.1. screen or censor advertised Vacancies, organisational profiles, CVs or Candidate profiles; or
15.3.2. become involved in or control the actual transaction between Recruiters and Candidates.
15.4. As a result of paragraphs 15.2 and 15.3, we accept no liability for the content of any materials uploaded by a Candidate or Recruiter, and while we reserve the right, as we deem fit, to remove any content uploaded to our Website by a Recruiter or a Candidate, we do not assume any obligation to do so.
15.5. We will not accept any liability for any loss or damage suffered by you which is caused by the Recruiter.
15.6. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the Services.
15.7. We shall not be liable where:
15.7.1. there is no breach by us of these Terms; or
15.7.2. in accordance with paragraph 15.8below for unforeseeable losses.
15.8. If we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of us breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you know it might happen.
15.9. We cannot and will not be liable for any damage which results from:
15.9.1. a failure by you to provide (and continuously maintain) complete, truthful and accurate information;
15.9.2. a failure of you to follow advice given by us.
15.10. If in delivering our Services to you we fail to comply with these Terms, we shall only be liable to you for an amount equal to £5,000. This cap on liability does not apply to the following:
15.10.1.for our failure to provide the Services with reasonable skill and care; and
15.10.2.in respect of losses incurred as a result of any information we provide to you prior to your entering into a Contact with us or information we provide which you rely on you to be binding.
15.11. Nothing in these Terms limits our liability for: death or personal injury arising from our negligence; fraudulent misrepresentation or misrepresentation as to a fundamental matter; or any other liability which cannot be excluded or limited under applicable law.
16. VARYING THESE TERMS OF SERVICE
16.1. If we make any material changes to our Terms in accordance with section 6 above we will notify you prior to the change becoming effective. Any such modification to these Terms will become binding and effective on the date posted or the date notified that such modifications shall take effect. You should cease to use the Website or the Services if you do not agree to any such modification.
17. INTERNATIONAL USE
17.1. The Services are provided by us for users who reside in the United Kingdom only. We make no representation or warranty that the information and/or the Services provided via our Website are appropriate for or available for use outside the United Kingdom.
18. RIGHTS OF THIRD PARTY NOT PART OF THIS AGREEMENT
18.1. This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
18.2. Nothing in these Terms is intended to, nor shall it confer a benefit on any third party under the Contracts (Rights of Third Parties) Act 1999 and a person who is not a party to these Terms has no rights to enforce them.
19. DELAYS OUTSIDE OUR CONTROL
19.1. If our supply of the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract.
20. OTHER IMPORTANT TERMS
20.1. We may transfer this Contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the Contract within 7 days of us telling you about it.
20.2. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
20.3. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.4. Even if we delay in enforcing this Contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaking this Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
20.5. Which laws apply to this Contract and where either of us may bring legal proceedings. These Terms are governed by English law and either of us can bring legal proceedings in respect of them in the English courts. If you live in Scotland either of us can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland either of us can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.
20.6. Alternative dispute resolution as a consumer. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. Further information regarding how to use the European Online Dispute Resolution Platform can be found here.