Terms & Conditions
Terms and conditions for recruiters
WEBSITE TERMS & CONDITIONS
www.leisurejobs.com (the “Site”) is owned, operated and managed by Leisurejobs.com Ltd (“We” “Us” “Our”). We are registered in England and Wales under company number 03442536 and Our registered office is at Coveham House, Downside Bridge Rd, Cobham KT11 3EP.
We recommend that You (defined below) print a copy of these terms and conditions for future reference.
- These terms and conditions relate to Our online services and the “Site” and apply to those who access, use the Site and/or create an account on the Site (“Site Users” “You” “Your”). You and We together shall be referred to as parties.
- This page contains the terms upon which We agree to You using the Site. Please read it, as You are deemed to accept these terms and conditions each time You access and use the Site. If You do not agree to these terms and conditions then You must not use the Site.
- THE SITE
- Use of the Site is strictly for lawful purposes relating to the recruitment of staff and/or seeking employment.
- We may disable, suspend or terminate Your account and Your access and use of the Site at any time without notice and for any and no reason or if in Our reasonable opinion You have failed to comply with any of the provisions of these terms and conditions.
- The content of the Site may be in the form of work-related advertisements, such as listed job vacancies and/or CV databases and libraries and links to third party websites or documents (such advertisements, listings, databases and links together with other Site content are collectively referred to as the “Content”).
- Third parties and other Site Users may create, provide and upload some of the Content of the Site, including but not limited to job vacancies, CVs, personal details, images, audio, video, communications, questions and assessments (“Third Party Content”). We do not make any representations or confirmations relating to the accuracy and completeness of the Third Party Content, nor do We control the manner, order or style in which Third Party Content is uploaded to the Site. We do not have any obligation to vet, examine or monitor any Third Party Content, or to include it in any Site search results or other areas of the Site, but We may, at Our discretion, exclude or remove any Third Party Content from the Site for any or no reason and without notice.
- We assume no responsibility, provide no endorsement or guarantee and We disclaim all liability for the content, accuracy, completeness, legality, reliability, trustworthiness or availability of work or jobs in relation to the Content.
- The Content may from time to time include certain statistical information relating to the Site and You confirm that You will not place any reliance on these statistics and You accept that this type of Content may represent a ‘snapshot in time’ and may not be accurate at the time of Your viewing of the Site.
- During Your use of the Site, You may encounter some Content (including Third Party Content) that You believe is offensive, threatening, harmful or obscene, such as explicit language. You accept that We shall have no responsibility or liability in relation to such Content. You may bring this kind of Content to Our attention, however We shall not be obliged to take any action in relation to such Content.
- You agree that the Site may provide a search function to filter the search results and facilitate the Site User’s ability to identify any relevant results, for example, identifying the location (i.e. Birmingham, Leeds etc.) or the work sector (i.e. retail, childcare etc.), Such filters are created entirely by Us, and are not a direct reflection of the Third Party Content but are instead intended to be an aid for the Site Users. We shall endeavour to ensure that the search results are relevant and useful to the Site User but We do not guarantee or warrant that the search results will be as such.
- The Content may be located within a number of categorised sections or named headings, some of which may be for informational purposes only. The information contained within the “Careers Advice” section, for example, is intended to be for informational purposes only and should not be relied upon by Site Users as professional and qualified advice. We seek to provide suggestions as to best practice but it is, ultimately, Your responsibility to decide how best to pursue Your job or candidate seeking strategy and how best to make or assess the applications. You accept and understand that by reviewing and referring to the information within the “Careers Advice” section You are not guaranteed to be successful in obtaining an interview or a job offer.
- We may disclose or otherwise allow access by third parties to the Content (including Third Party Content) for the purposes of operation of the Site:
- to protect Us, Our affiliates, partners, agents and licensors;
- when required by law; or
- to otherwise comply with legal and governmental requests.
- SITE SECURITY
- Under no circumstances should You seek to undermine the security of the Site or any Content available through it.
- We reserve the right to use any Content, including Third Party Content, to facilitate the prevention of illegal, fraudulent or detrimental activities. You acknowledge that We may block, remove or delete Third Party Content that We detect may be potentially risky and We may do so without notice to You. You understand that such a detection may result in Your account being temporarily or permanently suspended or terminated. You accept that We are not responsible or liable for anything arising out of or in connection to the suspension or termination of Your account.
- You agree to only access the Site through the ‘login’ function that We provide through the Site unless, expressly and in writing, instructed otherwise by Us. You must not access, amend or delete or seek to access, amend, or delete any Content or Site related data to which You do not have authorised access.
- You agree that You will not facilitate or participate in any act or activity that may interfere with or prevent the proper functioning of the Site, the servers or networks connected to the Site. You confirm that You will not use or attempt to use any technology or device to damage or seek to damage the Site in any way, including but not limited to causing it to crash or delay. You shall not overload or seek to overload the Site system, server or network.
- You confirm that You shall not submit, upload, transmit or infect the Site with any virus, defect, Trojan horse, access code, trap, invasion software, corrupted file or attempt to disable, impair, restrict, modify or harm the Site and/or the Content in any other way. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Site shall cease immediately.
- You confirm that You shall not:
- use the account of another Site User without that Site User’s consent;
- impersonate another Site User or third party;
- misrepresent who You are or who is preparing and sending communications;
- copy, plagiarise or reproduce any Content that has not been originally created or is not owned by You or pass such Content off as Your own;
- create multiple accounts without Our permission in writing or in violation of any disqualification or prohibition notice from Us relating to Your use of the Site;
- create a fraudulent account using deceptive, misleading or stolen details;
- transfer, sell, lease or otherwise part with Your account; or
- allow or encourage the conduct of illegal activities.
- SECURITY AND PASSWORDS
- In order to benefit from some of the services that We provide, Site Users are required to register their details and create an account in the Site. You confirm that the details that You provide are true, accurate and relate to You either personally or in the course of Your business.
- You shall be required to create login details, such as a username and password, in connection with and to facilitate access to Your account. You acknowledge that You are solely responsible for the security and confidentiality of Your username and password and that You should not transfer, sell or make these details available to third parties. Should You choose to share Your login details with certain individuals, You accept that We cannot differentiate between the users of Your account and that those individuals who possess the login details shall have unlimited access to Your account. We shall not be responsible and We disclaim liability for improper, unauthorised or fraudulent use of Your account by a third party or individual to whom You have provided Your login details.
- You should notify Us immediately if You know or suspect that Your login details are known to a third party or may be being used in an unauthorised way. We shall not be obliged to take any action upon receipt of such notification.
- You consent to Us contacting You in relation to Your account or Our services on the contact information that You have provided or contact information that We are able to obtain from third party sources.
- INFORMATION SUBMITTED BY YOU
- You must not submit and/or upload anything to the Site that is discriminatory, unlawful, fraudulent, deceptive, abusive, threatening, obscene or otherwise objectionable.
- You must not submit and/or upload anything to the Site that comprises confidential information, trade secrets, investment opportunities, solicitations, flooding or spamming of the Site.
- You must not submit and/or upload anything that could result in adverse consequences, including but not limited to fraud or identity theft. For example, the following information is prohibited from the Site:
- Passport numbers;
- Driving licence numbers;
- Social security numbers;
- Building access codes;
- Bank details; and
- Any other private information whether personal or commercial.
- You undertake to ensure that any Third Party Content uploaded to the Site by You is true, accurate, not misleading and free from defamatory, discriminatory, obscene, offensive or otherwise illegal or unlawful content. You are responsible for ensuring that all information the You provide is free of viruses or other harmful content that may damage or interfere with the Site's system, servers, networks or data prior to Your submission to the Site.
- We do not verify and cannot confirm the accuracy, validity or legitimacy of the contact information provided by You or other Site Users. We do not accept any responsibility or liability for any issues that may arise as a result of incorrect or missing contact information. You are obliged to contact Us in order to correct errors in Your contact information.
- You may choose to provide Third Party Content anonymously or under a pseudonym and You may indicate the confidentiality of a particular job vacancy, however We do not guarantee Your anonymity or the confidentiality of any job vacancy or other advertisement.
- We provide no guarantee or warranty in relation to Third Party Content. We do not accept any responsibility or liability for inaccurate, incomplete, misleading and/or unreliable Third Party Content. It is Your responsibility, if You identify any inaccuracies, to correct such information or to contact Us to request the correction. We do not undertake or promise to correct any inaccuracy.
- We shall store the information sent and received in relation to any job vacancy regardless of whether the application was successful and the position has been filled, however We are not obliged to do so.
- PROSPECTIVE APPLICANTS
- If You are a prospective applicant or Site User who has created an account on the Site for the purpose of job seeking:
- Any information that You submit and/or upload to the Site, including an documents such as CVs and/or qualification certificates are subject to these terms and conditions and Our Site policies.
- In providing and uploading information to the Site, You are indicating that You wish for Us to, and You are authorising Us to, make this information available to other Site Users who could be potential employers and who may have an interest in the information for the purposes of recruitment.
- You acknowledge that We are aware of and store the searches You carry out on the Site, including the details and filters that You input. In particular, We store the job titles, salary bands, locations, experience levels etc. that You have searched in order to improve Our services and analyse the data.
- We may contact You to provide details relating to potential jobs that We believe may be of interest to You from the information You have provided to Us via the Site. The details that We may provide shall be based on various considerations, including but not limited to, any information You submit and/or upload onto the Site, searches carried out by You on the Site, advertisements You have selected to view on the Site, job vacancies that You have chosen to apply for or the information or materials that You have provided in response to a job vacancy.
- You may indicate Your interest in a listed job vacancy by selecting to ‘apply’, after which You are either;
- Sending Your CV and/or application information to the potential employer who is connected to the job vacancy;
- Authorising Us to send Your CV and/or application information to the potential employer who is connected to the job vacancy; or
- Requesting and authorising Us to re-format the Content to enable You to view, read and input the relevant information using Your mobile phone.
- When You select to ‘apply’ for a job vacancy, We shall attempt to send Your CV and/or application information to the potential employer connected to that job vacancy using the contact details provided to Us, however We do not guarantee that information sent or requested to be sent to another Site User will be received, accessed, read or that a response will be received by You. The communications between You and other Site Users are Your responsibility and We do not provide any warranties or guarantees in respect of these.
- You acknowledge that if You use Our Site to send, or request to be sent, information or communications to another Site User then We shall provide no warranty in relation to this and We do not guarantee that the contact information of the other Site User is accurate and up to date nor do We warrant that there will be no errors in transmission of the information.
- If You do not wish to or if You are in doubt about sending Your application through the Site, then You should not select to ‘apply’ through the Site. You are not obliged to use the Site and You may send information or an application direct to the potential employer by whatever method You choose. However, Your application may not be accepted by the potential employer should You choose to apply other than through the Site.
- You accept and agree that We do not assess, vet or investigate any potential employer Site Users or any job vacancy advertisements that appear on the Site. We cannot, therefore, confirm or guarantee the validity, legitimacy, trustworthiness, availability or accuracy of the other Site Users or the Third Party Content, including but not limited to job vacancy advertisements.
- We strongly advise that You verify the validity of a job vacancy before taking any adverse action in respect of Your current employment circumstances.
- You agree that We are not responsible for the Third Party Content on the Site and We therefore do not have control over any application form, questions, testing, assessments etc. that have been uploaded by other Site Users. If You choose to answer the questions or complete assessments, then You understand that We may have been instructed, by the Site User or potential employer to issue rejection notices if You fail to provide the answers required by the Site User or potential employer. You accept that We take no part in specifying the assessment criteria or required answers and We, therefore, have no discretion in the issue and/or transmission of the said rejection notices.
- You agree that We are not responsible for, and play no part in, the selection process for any job vacancy advertised on the Site.
- Further to clause 6.1.3 above, We may use the application information and Your answers to questions and assessments to establish and determine Your potential interest in other Content and We may contact You in respect of such Content.
- You consent to Us receiving and processing any responses, including offer letters, sent to You via the Site in accordance with these terms and conditions and Our Site policies.
- If You are a prospective applicant or Site User who has created an account on the Site for the purpose of job seeking:
- POTENTIAL EMPLOYERS
- If You are a potential employer or Site User who has created an account on the Site for the purpose of advertising job vacancies and whose Third Party Content appears on the Site:
- You consent to Us processing, analysing and then electronically relaying to You (via the email address provided by You) the information provided by prospective applicant Site Users. You acknowledge that any Site User may express an interest and select to ‘apply’ to Your job vacancy and that We have no control over which Site Users contact You in relation to that job vacancy. You agree that We do not filter any information or assess any Site User’s suitability for the position advertised in the job vacancy and therefore We cannot guarantee the attributes, capability, work ethic, qualifications or appropriateness of the Site Users who may show interest in Your job vacancy.
- You accept and agree that We do not assess, vet or investigate any prospective applicant Site Users or any recruitment details (including but not limited to CVs) that appear on the Site. We cannot, therefore, confirm or guarantee the validity, legitimacy, trustworthiness, availability or accuracy of the other Site Users or the Third Party Content, including but not limited to CV content and application information.
- You acknowledge that it is Your responsibility to assess and establish a prospective employee’s immigration status and the necessity to consult the Disclosure and Barring Service. You agree that We shall not be responsible for assessing or establishing these details.
- Should You access Our CV databases or libraries, We do not guarantee that the CVs contained therein will constitute a ‘match’ in respect of the requirements of Your job vacancy.
- You acknowledge and agree that You shall keep Us, Our affiliates, partners, agents and licensors indemnified against any damages, claims or losses arising out of, or suffered as a result of, any Third Party Content created by You, Your failure to provide accurate contact information or any communications created and/or sent by You.
- You undertake to ensure that the necessary steps are taken to protect the privacy and confidentiality of the information that We relay to You.
- When relaying prospective applicant information to You, You consent to Us including certain ‘command functions’ within the email to allow You to instruct Us to proceed in a particular way. You may use the ‘command functions’ to arrange an interview, ask further questions, request a CV, reject the application etc. You agree that We are entitled to review and monitor these ‘command functions’ and take action in respect of the command that You choose.
- When You reply or contact a Site User via the Site, You are;
- requesting and authorising Us to send the communication to the Site User; or
- requesting and authorising Us to re-format the Content to enable the Site User to view and read Your communication using their mobile phone.
- You also authorise Us to re-format Your Third Party Content to enable other Site Users to view, read and input any relevant information using their mobile phone.
- When You use your account and other aspects of the Site to view, send and receive information, We may contact the prospective applicant Site User connected to that information to notify them of the actions You have taken i.e. opening an application, CV file or assessment answers, offering an interview or rejecting an application. You consent to Us contacting the Site Users in these instances.
- We do not guarantee that information sent or requested to be sent to another Site User will be received, accessed, read or that a response will be received by You. We also do not guarantee that any prospective applicant Site User’s emails, communications, applications, assessment answers etc. will be received by You or that there will be no error in transmission of the information.
- You consent to Us contacting prospective applicant Site Users, whom You wish to interview, to remind them on Your behalf of the particulars of the interview (i.e. the date, time and venue).
- You consent to Us contacting Site Users on Your behalf to indicate that Your job vacancy may be of interest to that Site User based on the information that the Site User has provided to Us.
- We are not responsible for the Third Party Content that You upload to the Site, including any application form, questions, testing, assessments, emails, correspondence or communications between You and other Site Users. The communications between You and other Site Users are Your responsibility and We do not provide any warranties or guarantees in respect of these.
- If You choose to include questions, testing and/or assessments in Your Third Party Content and You have opted for Us to issue rejection notices to those Site Users who have not provided answers in the form or manner that You require, then You authorise Us to issue the said rejection notices and to change the Site User’s status to ‘rejected’ within Your account on the Site. You agree that We take no part in specifying the assessment criteria or required answers and We, therefore, have no discretion in the issue and/or transmission of the rejection notices. You also accept that transmission and receipt by the Site User of the rejection notices is not guaranteed.
- If You are a potential employer or Site User who has created an account on the Site for the purpose of advertising job vacancies and whose Third Party Content appears on the Site:
- To the extent permitted by law, You grant Us a sub-licensable, perpetual, worldwide, non-exclusive but otherwise non-restrictive licence to use, sell, distribute, display, publish, sub-licence and otherwise exploit, without restriction, Your Third Party Content for the purpose of promotion, maintaining the Site, providing the services and/or publishing the Content.
- Furthermore, You grant Us, Our affiliates, partners, agents, licensors and sub-licensees a licence to use, display and publish Your name, Your company name, logos, trademarks and keywords in order to promote, advertise and publicise Your Third Party Content.
- You warrant and represent that:
- You own the Third Party Content that You provide to Us through the Site and that You have the right to grant the licences in paragraphs 8.1 and 8.2 above;
- Your Third Party Content does not breach the terms of any contract between You and a third party or infringe any applicable law; and
- Your Third Party Content and the submission or appearance of it on the Site does not breach any intellectual property rights, privacy rights, publicity rights, copyrights or any other third party rights.
- In accordance with paragraph 7.1.6 above, You shall indemnify Us in the event of a claim arising out of or relating to Your Third Party Content.
- You may request to revoke the licences granted by You in this section 8, by sending a letter requesting the removal of Your Third Party Content from the Site or other relevant platform, together with a certified copy of the writer’s passport (certified by the writer’s solicitor, accountant, broker or GP). The letter should:
- in relation to Your Third Party Content, contain a certificate of declaration of ownership from the holder of the rights (or someone so authorised by the rights holder) and bear the signature of the holder of the rights (or someone so authorised by the rights holder);
- state that the licence in relation to Your Third Party Content is to be revoked;
- identify in sufficient detail the exact Third Party Content to be removed;
- state the location of the Third Party Content that is to be removed;
- include Your identification and contact details, including Your name, address, telephone number and email address.
- We may administer a charge in respect of reviewing and carrying out Your request to revoke any licence granted to Us under these terms and conditions.
- USE OF INFORMATION
- We may use the information supplied, sent, received and/or uploaded by You, including any personal data, to:
- assist in achieving the objectives for which that information has been given;
- enable data analysis to take place;
- carry out quality control assessments; and
- amend and improve the Site and the services provided through the Site.
- In accordance with the above paragraphs, We may process and store information received by You and We may pass or make available such information to other Site Users.
- We may use third parties to help Us process Your information and We may, without disclosing individual names or personal details, share aggregated information with selected third parties. In providing Your information to Us via the Site, You agree to Us using Your information in this manner.
- We may use the information supplied, sent, received and/or uploaded by You, including any personal data, to:
- THIRD PARTY SITES
- The Site may contain links to other websites that are owned and operated by third parties (“Third Party Sites”). You acknowledge that We are not in control of and take no responsibility for the content, functioning or legitimacy of the Third Party Sites. We disclaim all liability for anything that occurs while You are using Third Party Sites.
- Any issues, concerns or queries relating to links to Third Party Sites that feature on the Site, should be escalated by You to the third party directly.
- If You choose to use the Third Party Sites You do so at Your own risk and You accept that You may be subject to the terms and conditions and/or policies of that third party. You acknowledge that if You use, submit and/or upload information and materials to the Third Party Sites then Your rights and obligations shall be determined by the third party and not by Us.
- We may remove or delete any links to Third Party Sites at any time for any or no reason and without notice.
- INTERRUPTIONS IN SERVICE
- Whilst We try to ensure and maintain acceptable standards of functionality and continuity of the Site, there may be some errors, delays or interruptions in service that may occur for various reasons, such as internet instability, server or network issues. You accept that We are not responsible or liable for any such errors, delays or interruptions or for the losses and/or consequences that may be caused by these.
- We are not obliged to maintain the Site or any particular part of it, or provide the services offered on the Site. As necessary, We may vary the specification of the Site at Our discretion and without notice.
- We may terminate Your registration, account access or Site access and use at Our discretion any time, for any reason and We shall endeavour to provide notice to You of such termination and of the reasons for such termination but We are not obliged to do so.
- You may terminate Your use of the Site or Your account at any time by simply ceasing to use the same. You may delete Your account by using the deactivation and deletion section within the account settings on the Site.
- We do not seek to 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
- fraud or fraudulent misrepresentation.
- We disclaim all responsibility and liability for the content, reliability, accuracy, completeness, legality, trustworthiness and operability of the Site, the information and materials available on the Site, including the Content, Third Party Content and the Content that has been provided for informational purposes only.
- We disclaim all responsibility and liability for any Content, correspondence, communications, applications, CV, messages, answers etc. that are removed, deleted, lost, undelivered, delivered in an untimely manner or failed to be stored.
- We disclaim all responsibility and liability for any defect, damage or harm that may result from clicking links, downloading information, accessing documents or using any other internet service accessed through the Site or Third Party Sites. You accept and understand that You access and obtain information and materials at Your own risk.
- We will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with Your:
- use of, or inability to use, the Site; or
- use of or reliance on any Content displayed on the Site.
- In particular, We will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of opportunity or chance;
- loss of goodwill or reputation; or
- any indirect or consequential loss or damage.
- We disclaim all liability for and You agree to keep Us indemnified against all costs expenses claims, losses, liabilities or proceedings arising from Your use of, misuse of or reliance on the Site or Third Party Sites. You should notify Us immediately if anyone makes or threatens to make a claim against You relating to Your use of the Site, and You agree to co-operate with Us in investigating and dealing with such claims or potential claims.
- We disclaim all responsibility and liability for any failure or malfunction of any computer system, network, server, provider, software, account login, account settings or delivery or receipt of communications for any reason.
- You agree that the Site and the Contents do not contain, and nothing therein shall constitute, representations or warranties by Us and there are no representations of warranties given, neither express nor implied, by Us.
- We disclaim any and all warranties, including those relating to:
- the fitness for purpose, operability, security, performance, non-infringement and reliability of the Site and the Content;
- the services offered, advertised or received through Third Party Sites, whether or not the Third Party Sites were accessed through links on the Site;
- You confirm that You will not rely on the Site or any of the Content.
- Without limiting the aforementioned, We shall not be liable for any delay or failure in performance resulting directly or indirectly from forces or causes that are beyond Our reasonable control, including but not limited to:
- computer, server, network, equipment, communication, electrical and power failures and any other type of failure;
- availability of materials, contractor disputes, non-performance of third parties, strikes, riots, public disturbances;
- explosions, war, governmental actions;
- fires, floods, storms, other extreme weather, acts of God; or
- orders of the courts or tribunals.
- We do not seek to exclude or limit in any way Our liability to You where it would be unlawful to do so. This includes liability for:
- We may amend these terms and conditions from time to time. Every time You wish to use the Site, We strongly recommend that You check these terms and conditions to ensure that You understand them, as You will be deemed to have accepted the terms and conditions that apply at that time of Your use of the Site.
- The Site is made available to You free of charge and We reserve the right to make changes to, suspend or withdraw the Site at any time for any or no reason and without notice to You.
- We do not guarantee that the Site, or the Content, will always be available and/or uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We shall endeavour to give You reasonable notice of any suspension or withdrawal, however We are not obliged to do so.
- ASSIGNMENT AND OTHER DEALINGS
- These terms and conditions are personal to You and You shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these terms and conditions.
- We may at any time assign, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights under these terms and conditions.
No variation of these terms and conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
- A waiver of any right or remedy under these terms and conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
- A failure or delay by a party to exercise any right or remedy provided under these terms and conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these terms and conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
- RIGHTS AND REMEDIES
The rights and remedies provided under these terms and conditions are in addition to, and not exclusive of, any rights or remedies provided by law.
- If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause 19 shall not affect the validity and enforceability of the rest of these terms and conditions.
- If any provision or part-provision of these terms and conditions is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
- NO PARTNERSHIP OR AGENCY
- Nothing in these terms and conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
- Each party confirms it is acting on its own behalf and not for the benefit of any other person.
- You agree that You are solely responsible for, and that We have no responsibility or liability to You or to any third party for, any breach of Your obligations under these terms and conditions and for any consequences (including any loss or damage suffered) of any such breach.
- You may be prohibited from further and future use of the Site if You breach these terms and conditions or any of Our Site policies.
- The Site is not intended for or directed to anyone under the age of 16. If You are under the age 18 then You must use the Site with the supervision of a parent or guardian.
These terms and conditions, their subject matter and their formation is governed by and construed in accordance with English Law. You and We both irrevocably agree that the Courts of England and Wales have exclusive jurisdiction over any dispute or claim arising out of or in connection with these terms and conditions or its subject matter or formation.
ADVERTISEMENT TERMS AND CONDITIONS
1.1. In these terms and conditions the following definitions and rules of interpretation shall apply:
any entity that directly or indirectly Controls, is Controlled by, or is under common Control with the Supplier.
all applicable laws, statutes, regulations and codes from time to time in force.
the form used to identify the details of the Customer, specify the Services to be provided and the Charges payable.
a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
the sums payable for the Services specified in the Booking Form.
the contract between the Supplier and the Customer, details of which are set out in the Booking Form, the Mandatory Policies and these terms and conditions.
shall be as defined in section 1124 of the Corporation Tax Act 2010, and the expression change of control: shall be construed accordingly
the company, partnership or individual whose details are specified in the Booking Form and/or those authorised to deal with and enter into agreements on behalf of the company, partnership or individual.
all documents, information, items, logos, images, text and materials in any form, whether owned by the Customer or a third party, which are provided by the Customer to the Supplier in connection with the Services, including the items provided pursuant to clause 4.1.3.
Intellectual Property Rights
copyright and related rights, trade marks and service marks, business names and domain names, the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
the services specified within the Booking Form, including services which are incidental or ancillary to such Services.
Leisurejobs.com Ltd incorporated and registered in England and Wales with company number 03442536 whose registered office is at Unit 14 Cloisters House, 8 Battersea Park Road, London, SW8 4BG.
the length of time over which the Services are to be provided as specified in the Booking Form.
value added tax chargeable under the Value Added Tax Act 1994.
1.4. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.5. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.6. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular and a reference to one gender shall include a reference to the other genders.
1.7. These terms and conditions shall be binding on, and enure to the benefit of, the parties to these terms and conditions and their respective personal representatives, successors and permitted assigns and references to any party shall include that party's personal representatives, successors and permitted assigns.
1.8. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.10. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.11. A reference to these terms and conditions or to any other agreement or document referred to in these terms and conditions is a reference to these terms and conditions or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of these terms and conditions) from time to time.
1.13. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2.1. The Contract shall commence on the date of receipt, by the Supplier, of the Booking Form, signed by the Customer and shall continue, unless terminated earlier in accordance with clause 9, until the date specified in the Booking Form, when it shall terminate automatically without notice.
2.2. Any individual who signs the Booking Form on behalf of the Customer shall be deemed to have the necessary authorisations to do so. The Supplier shall not be responsible for investigating the signatory and the Customer shall be bound by the Contract regardless of whether the signatory had express or implied authority to sign on the Customer’s behalf.
3.1. The Supplier shall use reasonable endeavours to provide the Services in accordance with these terms and conditions in all material respects and shall provide such Services as soon reasonably practicable upon receipt of the completed Booking Form and the Customer Materials.
3.2. The Supplier shall appoint a manager for the Services and that person shall be the point of contact for the Customer in relation to the Services. The Supplier shall use all reasonable endeavours to ensure that the same person acts as the Supplier's manager throughout the Term of these terms and conditions, but may replace that person from time to time where reasonably necessary in the interests of the Supplier's business.
4.1.2. appoint a manager for the Services, such person (as identified on the Booking form) shall be the point of contact for the Supplier on matters relating to the Services;
4.1.3. provide to the Supplier in a timely manner all Customer Materials and other documents, information, items and materials in any form (whether owned by the Customer or third party) reasonably required by the Supplier in connection with the Services and ensure that they are accurate and complete in all material respects;
4.1.5. obtain and maintain all necessary licences and consents and comply with all relevant legislation as required to enable the Supplier to provide the Services, including in relation to the use of the Website and the use of all Customer Materials, in all cases before the date on which the Services are to start;
4.1.6. make the payment of the Charges specified in the Booking Form in accordance with clause 5 of these terms and conditions.
4.2. If the Supplier's performance of its obligations under these terms and conditions is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, then, without prejudice to any other right or remedy it may have, the Supplier shall be allowed an extension of time to perform its obligations equal to the delay caused by the Customer and the Supplier may, at its absolute discretion, limit or prohibit access by the Customer to the Services until compliance with the Customer’s obligations is achieved.
5.1. In consideration of the provision of the Services by the Supplier, the Customer shall pay the Charges.
5.2. The Charges that shall apply are those set out in the Booking Form and these Charges shall be the final agreed sum in respect of the Services listed in the Booking Form, taking into account the quantities of the Services requested by the Customer and the Term throughout which the Services are to be provided.
5.3. The Supplier shall invoice the Customer for the Charges in respect of Services to be provided upon receipt of the Booking Form signed by the Customer and payment of the Charges specified in the invoice shall be required within 14 days of the date of the invoice.
5.4. Clause 5.3 shall apply unless alternative payment terms are agreed and specified in the Booking Form.
5.5. Without prejudice to any other right or remedy that the Supplier may have, if the Customer fails to pay the Supplier any sum due under these terms and conditions on the due date, the Customer shall, in addition to the payment of the Charges:
5.5.1. pay interest on the overdue amount at the rate of 8% per annum above the base rate from time to time of HSBC Bank plc. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment; and
5.5.2. indemnify the Supplier against the costs of recovery of any Charges, interest and other debts that remain outstanding on the due date,
5.6.2. shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
5.7. The Charges may increase in the event of a change in the rate of VAT.
5.8. To the extent permitted by law, if the Customer has an unpaid or outstanding invoice or account balance for any of the Services, the Supplier reserves the right to suspend or terminate the Customer’s use of the Services as well as any other products, including but not limited to those Services where the Customer does not have an unpaid invoice or account balance.
6.1.1. the Supplier and its licensors shall retain ownership of all Intellectual Property Rights in the Website, excluding the Customer Materials;
6.1.2. the Customer and its licensors shall retain ownership of all Intellectual Property Rights in the Customer Materials;
6.1.3. the Customer grants the Supplier and (if required) its Affiliates, or shall procure the direct grant to the Supplier of, a fully paid-up, worldwide, non-exclusive, royalty-free licence during the Term of these terms and conditions to display, copy, advertise and modify the Customer Materials for the purpose of providing the Services to the Customer; and
6.1.4. the Supplier may sub-license, assign or otherwise transfer the rights granted in clause 6.1.3 to its Affiliates or third parties.
6.2.1. warrants that the receipt and use of the Customer Materials in the performance of these terms and conditions by the Supplier, its Affiliates, agents, subcontractors or consultants shall not infringe the rights, including any Intellectual Property Rights, of any third party; and
6.2.2. shall keep the Supplier indemnified in full against all costs, expenses, damages and losses, including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by the Supplier as a result of or in connection with any claim brought against the Supplier, its agents, subcontractors or consultants for actual or alleged infringement of a third party's Intellectual Property Rights arising out of, or in connection with, the receipt or use in the performance of these terms and conditions of the Customer Materials.
6.3. The Supplier:
6.3.1. shall not be liable to the Customer for any costs, expenses, damages and losses, including any interest, fines, legal and other professional fees and expenses awarded against, incurred or paid by the Customer as a result of or in connection with any claim brought against the Customer for actual or alleged infringement of a third party's Intellectual Property Rights, to the extent the infringement arises from:
b. the inclusion of the Customer Materials on the Website; or
c. compliance with the Customer's specifications or instructions, where infringement could not have been avoided while complying with such specifications or instructions.
6.4.1. notify the Customer in writing of any claim against it in respect of which it wishes to rely on the indemnity at clause 6.2.2 (“IPRs Claim”);
6.4.2. allow the Customer, at its own cost, to conduct all negotiations and proceedings and to settle the IPRs Claim, always provided that the Customer shall obtain the Supplier’s prior written approval of any settlement terms, such approval not to be unreasonably withheld;
6.4.3. provide the Customer with such reasonable assistance regarding the IPRs Claim, subject to reimbursement by the Customer of the Supplier’s costs so incurred; and
6.4.4. not, without prior consultation with the Customer, make any admission relating to the IPRs Claim or attempt to settle it, provided that the Customer considers and defends any IPRs Claim diligently, using competent counsel and in such a way as not to bring the reputation of the Supplier into disrepute.
7.1.1. the Applicable Laws from time to time in force; and
8.1.3. breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
8.2. Subject to clause 8.1, the Supplier shall not be liable to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms and conditions for:
8.3. Subject to clause 8.1, the Supplier's total liability to the Customer, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms and conditions shall be limited to the lesser of the amount of the Charges under the Contract or 10% of the average annual Charges (calculated by reference to the charges in the successive 12 month period from the date of the latest Booking Form for the Customer) paid by the Customer under these terms and conditions.
8.4. The terms implied by sections 13, 14 and 15 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these terms and conditions.
9.1. The Customer shall have the right to cancel the Services immediately by providing notice to the Supplier within 14 days of receipt, by the Supplier, of the Booking Form signed by the Customer.
9.2. The Customer may not cancel the Services following expiry of 14 days from receipt, by the Supplier, of the Booking Form signed by the Customer.
9.3. The Services shall cease upon receipt of the notice by the Supplier provided that the notice is received by the Supplier within 14 days.
10.1. Without affecting any other right or remedy available to it, either party may terminate these terms and conditions with immediate effect by giving written notice to the other party if:
10.1.1. the other party commits a material breach of any term of these terms and conditions which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;
10.1.2. the other party repeatedly breaches any of the terms of these terms and conditions in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of these terms and conditions;
10.1.3. the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
10.1.4. the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with any of its creditors other than (being a company) for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
10.1.5. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
10.1.6. an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company);
10.1.7. the holder of a qualifying floating charge over the assets of that other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
10.1.8. a person becomes entitled to appoint a receiver over all or any of the assets of the other party or a receiver is appointed over all or any of the assets of the other party;
10.1.9. a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the other party's assets and such attachment or process is not discharged within 14 days;
10.1.10. any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 10.1.3 to clause 10.1.9 (inclusive); or
10.1.11. the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
10.2. Without affecting any other right or remedy available to it, the Supplier may terminate these terms and conditions with immediate effect by giving written notice to the Customer if:
10.2.1. the Customer fails to pay any amount due under these terms and conditions on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment; or
11.1.1. the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest and, in respect of the Services supplied but for which no invoice has been submitted, the Supplier may submit an invoice, which shall be payable immediately on receipt;
11.1.3. the following clauses shall continue in force: clause 1 (Interpretation), clause 6 (Intellectual property rights), clause 8 (Limitation of liability) and clause 11 (Consequences of termination).
11.2. Termination or expiry of these terms and conditions shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
12.1. “Force Majeure Event” means any circumstance not within either party’s reasonable control including, without limitation:
12.1.3. terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
12.1.5. any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
12.2. Provided it has complied with clause 12.4, if a party is prevented, hindered or delayed in or from performing any of its obligations under these terms and conditions by a Force Majeure Event (“Affected Party”), the Affected Party shall not be in breach of these terms and conditions or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly.
12.3. The corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Party.
12.4.1. as soon as reasonably practicable after the start of the Force Majeure Event, notify the other party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under the agreement; and
12.4.2. use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
12.5. If the Force Majeure Event prevents, hinders or delays the Affected Party's performance of its obligations for a continuous period of more than six weeks, the party not affected by the Force Majeure Event may terminate these terms and conditions by giving one months’ written notice to the Affected Party.
12.6. If the Force Majeure Event prevails for a continuous period of more than three months, either party may terminate these terms and conditions by giving one months’ written notice to the other party. On the expiry of this notice period, these terms and conditions will terminate. Such termination shall be without prejudice to the rights of the parties in respect of any breach of these terms and conditions occurring prior to such termination.
13. Entire agreement
13.1. These terms and conditions, together with the Booking Form and the Mandatory Policies constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
13.2. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.
No one other than a party to the Booking Form, their successors and permitted assignees, shall have any right to enforce any of these terms and conditions.