JobsAV Terms of Use
You are required to accept the terms of use and conditions set out below
in order to use this site or to register with JobsAV. If you do not consent
to these Terms of Use and Conditions, you should not register with JobsAV.
Jobseeker Terms of Use
This website is owned and operated by JobsAV Limited and is made available
to You on the following terms and conditions. By using the site and the services
available on it You are deemed to accept these terms and conditions and any
additional terms and conditions which expressly apply to services and information
provided by third parties. If You do not accept the Terms and Conditions stated
here, do not use this web site and service. Definitions: You (“Jobseeker(s)”);
JobsAV (“JobsAV”); any Advertisement issued on JobsAV by or on
behalf of the Client (“Ad”); an Application made by a Jobseeker
to a job advertised on the website (“Application”); the person(s)
who have either signed a Service Agreement or paid fees for use of the JobsAV
website and Services (“Client”); the Services which JobsAV has
agreed to provide to the Client and the Services which are available on the
JobsAV website for use by Jobseekers (“Services”). These terms
and conditions are deemed to be fully read, understood and accepted by the
Jobseeker upon acceptance of these terms and conditions during Registration,
or in the case of a Jobseeker who has not completed Registration, when an
Application is made. These terms and conditions to the exclusion of all previous
terms and conditions issued by JobsAV shall apply to any Jobseeker who uses
JobsAV after the date on which these terms and conditions were posted on the
JobsAV website. No variation or alteration to these terms and conditions or
any representations about the Services shall have any effect unless expressly
agreed and confirmed in writing by a director of JobsAV.
Services
JobsAV does not act as an employment agent, recruitment agent, employment
business or recruitment business on behalf of any Client, Jobseeker or other
user of the JobsAV website and any such relationship is expressly denied.
JobsAV does not make any representation whatsoever about any Ad accessed either
on, by virtue of or by way of any links from the JobsAV website nor about
any of the Clients who use Services on the JobsAV website. JobsAV relies on
information provided to it by Clients and via third parties and accordingly
it is a matter for the Jobseeker to satisfy itself as to the suitability of
any Client using Services on the JobsAV website or of any Ad found directly
or indirectly through the JobsAV website. JobsAV shall be entitled at anytime
without notifying the Jobseeker to make changes to the Services that are necessary
to comply with any applicable security or other statutory requirements and
shall determine the manner in which the Services are provided. Any intellectual
property, ideas, concepts, know-how or techniques developed by JobsAV or obtained
during the execution of the Services will be owned exclusively by JobsAV.
JobsAV shall not be responsible for any failure to provide the Services, or
unavailability of the JobsAV website, as a result of circumstances beyond
its reasonable control. The Jobseeker accepts that JobsAV shall not be liable
for any failure to provide the Services (or any part thereof) as a result
of the Jobseeker's failure to comply with these terms and conditions. The
Jobseeker agrees to provide JobsAV, in such a format as JobsAV may request,
any information necessary to enable JobsAV to provide the Services. JobsAV
shall not be obliged to provide the Services until the Jobseeker has supplied
it with the information, necessary to provide the Services.
CV's and Personal Information
If the Jobseeker has saved their details and stored a CV on JobsAV, the following
shall apply: The Services are subject to any instructions from a Jobseeker
that his or her details should or should not be made available to the Client
and JobsAV will only make available or supply copies of the CVs which have
been received by it for distribution to Clients of JobsAV solely for the purpose
of securing suitable employment for the Jobseeker. The CV Search service will
be available to the Client at all times and will allow the Client access to
all distributable CVs on the JobsAV website. JobsAV may, at its discretion
and without notice, report improper or illegal use of CVs or the Services
by the Jobseeker to its Clients. JobsAV has the right at its sole discretion
to decline to distribute or forward, or to suspend or remove any Jobseeker
information or CVs accepted by it. JobsAV may refuse, withdraw, or require
to be amended, any Jobseeker information or CV which is illegal, immoral,
obscene or offensive or so as to comply with the legal or moral obligations
placed upon JobsAV or the Jobseeker or to avoid infringing a third party's
rights or any statutory or regulatory requirements or is designed to or is
likely to cause disruption to any computer system or network. The Jobseeker
hereby undertakes that: the details and CV they store and save on JobsAV is
a true and accurate reflection of their education, employment, training history
and that their personal details are correct; that if any of the information
stored and saved on JobsAV for the purposes of securing employment is found
to be false or inaccurate in any way, that JobsAV reserves the right to remove
those details and/or suspend the use of the Services on the JobsAV website
for the Jobseeker; in respect of any information or CV submitted by the Jobseeker
which contains the name or representation (photographic or otherwise) of any
person the Jobseeker has obtained the authority of such person to make use
of such name and/or representation.
Applications and Applications Forms
The Jobseeker hereby undertakes that: they have fully read and understood
the requirements of a Job Ad on the JobsAV website to which they make an Application;
they have the appropriate skills and qualifications required by the Client
and the necessary qualifications required by law; they satisfy or will attend
to the necessary immigration requirements of the country in which the position
will be situated; the details they provide to the Client as part of an Application
or in an Application Form are a true and accurate reflection of their education,
employment, training history and that their personal details are correct;
that if any of the information used in an Application is found to be false
or inaccurate in any way, that JobsAV reserves the right to remove those details
and/or suspend the use of the Services on the JobsAV website for the Jobseeker;
JobsAV has the right at its sole discretion to decline to distribute or forward
or suspend or remove any Application accepted by it. JobsAV may refuse, withdraw,
or require to be amended, any Application which is illegal, immoral, obscene
or offensive or so as to comply with the legal or moral obligations placed
upon JobsAV or the Jobseeker or to avoid infringing a third party's rights
or any statutory or regulatory requirements or is designed to or is likely
to cause disruption to any computer system or network. When a Jobseeker makes
an Application through the JobsAV website, JobsAV will pass the Jobseeker's
details to the Client who placed the Ad for the purpose of that one Application
only. The Jobseeker accepts that JobsAV cannot be held responsible for the
content of Ad on the JobsAV website and that no obligations are imposed on
JobsAV in this regard.
Jobseekers Obligations
The Jobseeker agrees that: it has read, understood and agrees to the Terms
and Conditions and the Privacy Statement on the JobsAV website; it will keep
confidential and not disclose to any person the password used by them in relation
to the Services; it will be responsible for any misuse of all such passwords.
Liability
JobsAV will not be liable for: any loss of copy, artwork, photographs, data,
CVs or other materials that the Jobseeker supplies to JobsAV or to a Client
or a third party via the JobsAV website and the Jobseeker shall be responsible
for retaining in its possession sufficient quality and quantity of such materials
for whatsoever purposes it may require; any mistakes or errors whatsoever
that arise during the course of use of the Services or any loss of information
or data or any damage thereto in each case as a result of circumstances beyond
its reasonable control or which arise as a result of the acts or omissions
of the Jobseeker; for any failure to secure employment or consequential loss
(whether caused by the negligence of JobsAV, its employees or agents); any
delay, costs, expense, loss, damage or liability (including without limitation
as a result of any hardware failure, provision or use of software, virus,
deletion, corruption, loss or removal of data) howsoever caused arising from
any matter beyond the reasonable control of JobsAV or as a result of the acts
or omissions of the Jobseeker; any loss or damage whatsoever howsoever caused
arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence,
or the wrongful disclosure of confidential information by, any Client. It
is for the Jobseeker to satisfy itself as to the integrity and reliability
of all job Ads placed on the JobsAV website; any breach of agreement or
infringement or violation of any right of any person or be rendered liable
to any proceedings whatsoever, as a result of any information or CV or Application
submitted to it by the Jobseeker and the Jobseeker indemnifies JobsAV against
all costs, claims, damages, loss, expenses and liabilities suffered or incurred
by JobsAV as a result of this undertaking and warranty being incorrect. Nothing
in these terms and conditions will restrict or exclude JobsAV's liability
for death or personal injury caused by its own negligence. The Jobseeker agrees
and acknowledges that no condition, warranty or representation of any kind
is, has been, or will be, given by or on behalf of JobsAV in respect of or
in connection with the Services and accordingly the Jobseeker confirms that
it has not, in accepting these terms and conditions, relied on any condition,
warranty or representation by JobsAV or any person on its behalf, express
or implied, whether arising by law or otherwise in relation to or in connection
with the Services. The benefit of any such condition, warranty or representation
by JobsAV is hereby irrevocably and unconditionally waived by the Jobseeker.
The Jobseeker accepts the risk that data transmitted electronically via the
JobsAV website or otherwise may be intercepted before reaching its intended
destination or accessed by unauthorised third parties and may be exploited
unlawfully by such third parties. JobsAV does not assume responsibility for
guarding against the acts of such third parties and shall not be liable for
any direct, indirect, consequential, special or other damage resulting from
third parties’ interception of or access to data of whatever nature.
Termination and Cancellation
Either party may, at its sole discretion, terminate the provision of the
Services to the Jobseeker at any time by notice in writing to the other party
(the "Defaulting Party") if the Defaulting Party is in breach of
these terms and conditions and fails to remedy such breach within 14 days
of notice from the other party requiring it to be remedied. The Jobseeker
shall be responsible for all reasonable costs, claims, damages, loss, expenses
and liabilities incurred by JobsAV arising out of the Jobseeker's breach of
its obligations under these terms and conditions (including, without limitation,
on a solicitor and own client basis, any legal fees and disbursements reasonably
incurred by JobsAV).
General, Comments & Law
If any provision of these terms and conditions shall be invalid or unenforceable,
it shall not affect any other provision, which shall remain in full force
and effect. Any waiver by JobsAV of any breach of, or any default under, any
provision of these terms and conditions by the Jobseeker will not be deemed
to be a waiver of any subsequent breach or default and will in no way affect
the other terms of these terms and conditions. Failure or delay by JobsAV
in enforcing or partially enforcing any provision of these terms and conditions
will not be construed as a waiver of any of its rights under these terms and
conditions. If you have any comments, please write to JobsAV, Suite 620, 8
Shepherd Market, London W1J 7JY. These terms and conditions are governed by
the Laws of England.
Marketing
We may use your personal data to contact you from time to time and provide
you with marketing information about us or partner companies which we think
may be of interest to you. If at any time you wish to stop the delivery of
such information please email us at nomarketing@jobsav.co.uk. If you have
any comments, please write to JobsAV, Suite 620, 8 Shepherd Market, London
W1J 7JY.
Employer/Recruiter Terms of Use
This website is owned and operated by JobsAV Limited and is made available
to You on the following terms and conditions. By using the site and the services
available on it You are deemed to accept these terms and conditions and any
additional terms and conditions which expressly apply to services and information
provided by third parties. If You do not accept the Terms and Conditions stated
here, do not use this website and service. Definitions: Where your company
("You" or "Your") desires to purchase, and JobsAV ("JobsAV")
desires to provide to You, subject to the terms and conditions set forth herein,
certain job posting services (the "Services") on the JobsAV website;
General Requirements Concerning online Job Posting Advertisements ("Ads")
submitted by You:
- You will pay for Ads in advance whether posting online or through our monthly advertising service.
- Only one job description is allowed per Ad.
- Once a job credit is purchased, any fees paid will not be refunded.
- Unused job postings that expire on the date set forth on Your Order, and any fees paid for such postings will not be refunded.
- Job postings will remain on the JobsAV website for up to 28 days.
Application of the terms
These Conditions to the exclusion of all previous terms and conditions
issued by JobsAV shall apply to any Service Agreement entered into after
the date on which these Conditions were posted on the Site. No variation
or alteration to these Conditions or any representations about the Services
shall have any effect unless expressly agreed and confirmed in writing by
a director of JobsAV. JobsAV shall be entitled at anytime without notifying
You to make changes to the Services which are necessary to comply with any
applicable security or other statutory requirements and shall determine
the manner in which the Services are provided. Any intellectual property,
ideas, concepts, know-how or techniques developed by JobsAV or obtained
during the execution of the Services will be owned exclusively by JobsAV.
With effect from the Start Date JobsAV shall provide the Services for the
Term subject to the provisions of these Conditions. JobsAV shall not be
responsible for any failure to provide the Services, or unavailability of
the Site, as a result of circumstances beyond its reasonable control but
You accept that You shall still be responsible for the payment of the Fees
as if the Services had been properly provided.
You accept that: JobsAV shall not be liable for any failure to provide
the Services (or any part thereof) as a result of the Your failure to comply
with the Contract. If any quota of Services which are to be used with any
period of time specified in the Service Agreement are not used within that
period of time then in each case You shall still be responsible for the
full payment of the Fees as if the Services had been properly and fully
provided (and for the avoidance of doubt JobsAV shall not be liable for
providing any unused Services and such Services may not be carried over
to any subsequent period). JobsAV will only make available or supply copies
of CVs which have been received by it for distribution solely for the purpose
of securing suitable employment for the jobseekers and You accept that JobsAV
makes no warranty whatsoever as to the availability of the Jobseekers or
the information on the CVs. JobsAV may, at its discretion and without notice,
report improper/illegal use of CVs by You to the relevant legal and/or professional
bodies.
If requested by JobsAV You will provide evidence to prove that You are
either a Direct Employer or a Recruiter; JobsAV shall not be obliged to
provide the Services (or shall be entitled to suspend them) until the Client
has provided such evidence; All ads are to be entered online by the You;
Ads will be sent out once to all relevant jobseekers via the Jobs by Email
service; Ads placed on the Site may be expired and removed by the Client.
You will be charged for the full number of days Your ad was originally placed;
JobsAV will use reasonable endeavours to procure that ads will become live
within 1 hour of submission to the Site; Ads cannot be edited or modified
in any way whatsoever by You once they have been submitted to JobsAV; Ads
may only contain one email address, which must be in the specific place
designated by JobsAV and must not be part of the text describing the job;
Ads shall contain the details of a single job; Ads purchased online
will be ranked higher in the results of a jobseekers search on the Site
than ads purchased through our monthly advertising service contract; JobsAV
may edit, remove or refuse to publish any ads; JobsAV may edit, remove or
refuse to publish ads containing unnecessarily repeated words or phrases
which cause a false positioning in the search results seen by a jobseeker;
JobsAV may edit, remove or refuse to publish ads that advertise products,
services, businesses or websites, including, but not limited to, franchises,
pyramid selling, network marketing, and multi-level marketing. Logo Buttons
will not exceed three thousand bytes in graphic size, will be static and
will be displayed on a rotational basis and no guarantee is made by JobsAV
of the number of times on which they will be displayed and the Client accepts
that no obligations are imposed on JobsAV in this regard whatsoever.
Your Obligations
The reproduction and/or publication of an ad by JobsAV as originally submitted
or as amended will not breach any agreement or infringe or violate any right
of any person or render JobsAV liable to any proceedings whatsoever and
You indemnify JobsAV against all costs, claims, damages, loss, expenses
and liabilities suffered or incurred by JobsAV as a result of this undertaking
and warranty being incorrect; any information supplied by You in connection
with the provision of the Services is accurate, complete and true; In respect
of any ad which contains the name or representation of any person and/or
any part of any person and/or any copy by which any person is or can be
identified You have obtained the authority of such person to make use of
such name, representation and/or copy; Each Advertisement is legal, decent,
honest and truthful and complies with all applicable laws, rules, regulations
and codes relating to advertising and law as may be appropriate; No Ad contains
any data, image or other material which is (a) is offensive, obscene or
indecent, or capable of being resolved into obscene or indecent images or
material (b) is defamatory, threatening or racially, ethnically or otherwise
objectionable (c) is designed or likely to cause annoyance, inconvenience,
unwanted attention or needless anxiety to any other person (d) infringes
the rights (including, without limitation, the intellectual property rights)
of another person (e) is designed or likely to cause disruption to any computer
system or to any network (f) is illegal or designed or likely to induce
an illegal or criminal act. You acknowledge that JobsAV can accept instructions
in relation to the Services (without having to refer to You) from any of
the following persons: any person agreed between JobsAV and You and any
person to whom You provide passwords to or is set up to make use of the
Services by using facilities offered by JobsAV for such purposes; You agree
that You will be responsible for any misuse of all such passwords; You authorise
JobsAV to accept instructions in relation to the Services from anyone using
such passwords; You accept that JobsAV shall not be responsible for any
breach of this Agreement, any delay in performance of the Services or defect
or error in the Services which arises as a result of JobsAV accepting instructions
from any person using such passwords; You shall be responsible for all acts
and omissions of any person using such passwords as if they were acts or
omissions by Yourself. You shall comply in all respects with all statutes,
rules, regulations, employment acts, data protection laws, codes of practice
and legal requirements to which You are ordinarily subject to in respect
of the receipt and processing of CV's and related matters; Use all CVs supplied
pursuant to the Contract and the Services for the sole purpose of endeavouring
to provide or locate suitable employment on behalf of the jobseekers; Keep
confidential the CVs and all other information supplied by JobsAV or jobseekers
to You or Your employees and shall only use such information for such agreed
purpose if endeavouring to seek or provide employment opportunities for
jobseekers with their express consent; Obtain the express consent of a jobseeker
prior to submitting their CV to any person; Not submit, copy, supply, re-sell,
distribute or make available in any way any CV or other information received
from JobsAV to any person provided that where You are a Employment/Recruitment
Agent or Employment/Recruitment Business You may make CV's available to
Your genuine customers who intend to recruit such jobseekers for their own
employment; Not discriminate between persons endeavouring to secure employment
and shall not engage in any illegal discriminatory practices whether by
reason of age, race, religion, sex or disability; Be responsible for all
reasonable costs, claims, damages, loss, expenses and liabilities incurred
by JobsAV arising out of Your misuse of information on CVs.
CV Services
The Service is subject to any instructions from a jobseeker that their
details should or should not be made available to the Client. In the event
that JobsAV has reason to believe or suspect that its CV Service is being
abused by the You, JobsAV reserve the right to immediately terminate the
contract; JobsAV cannot guarantee the minimum number of new CVs available
on any given day; In relation to the CV Services You shall ensure that no
automatic extraction software or any other means, are engaged or deployed,
to facilitate the downloading or capturing of CVs from the JobsAV database.
Liability
JobsAV will not be liable for: any mistakes or errors whatsoever that arise
during the course of publication of any ad or any loss of information or
data or any damage thereto in each case as a result of circumstances beyond
its reasonable control or which arise as a result of the acts or omissions
of the Client; for any loss of profit, loss of revenue or contracts or any
indirect, special, economic or consequential loss (whether caused by the
negligence of JobsAV, its employees or agents); any delay, costs, expense,
loss (including loss of profit), damage or liability (including without
limitation as a result of any hardware failure, provision or use of software,
virus, deletion, corruption, loss or removal of data) howsoever caused arising
from any matter beyond the reasonable control of JobsAV or as a result of
the acts or omissions of You; any loss or damage whatsoever (including loss
of profits) howsoever caused arising out of the negligence, dishonesty,
misconduct, breach of faith, incompetence, lack of, suitability of or the
wrongful disclosure of confidential information by any jobseeker. It is
for You to satisfy itself as to the availability, suitability, standard
of skill, integrity and reliability of all jobseekers for any particular
job. In no event shall JobsAV's liability to the Client under or in relation
to the Contract exceed the amount of the Fees. Nothing in this Contract
will restrict or exclude JobsAV's liability for death or personal injury
caused by its own negligence. The Client agrees and acknowledges that save
as expressly provided in the Contract no condition, warranty or representation
of any kind is, has been, or will be, given by or on behalf of JobsAV in
respect of or in connection with the Services or the Contract and accordingly
You confirm that it has not, in entering into the Contract, relied on any
condition, warranty or representation by JobsAV or any person on its behalf,
express or implied, whether arising by law or otherwise in relation to or
in connection with the Services or the Contract. The benefit of any such
condition, warranty or representation by JobsAV is hereby irrevocably and
unconditionally waived by the You.
Security & Encryption
This site has security measures in place to protect the loss, misuse and
alteration of the information under our control. You can gain access to
your JobsAV account and modify the information stored there by supplying
an email address and password. You must ensure that this information is
kept secret. At JobsAV, we use 128-bit SSL encryption, the highest level
of SSL encryption currently available to consumers. This ensures the safety
and security of your credit card transactions. SSL (Secure Socket Layer)
means that our server and your browser create and agree on an encryption
key that will be used only for that particular session. Once established,
this key encrypts all communication between our server and your browser.
To add accountability to these security measures, we have a server certificate
issued to us by Comodo. Comodo is Webtrust/KPMG Compliant and Accredited
Certification Authority. Comodo is also a partner with global security solutions
provider Baltimore. The certificate is a way for you to verify that you
are sending your card number to us and nobody else. Only we have that particular
certificate. If you still have concerns, you should review your credit card
agreement or call your credit card issuer to ask about its policies regarding
liability for fraudulent Internet charges.
Payment
All products on JobsAV must be paid for in advance. All ads purchased on
the JobsAV website will be via credit card. JobsAV will only invoice for
our monthly advertising service product. All sums due in respect of the
Fees are exclusive of any appropriate sales tax or value added tax, for
which You shall be additionally liable depending which country You are in.
If You fail to pay any amount owing to JobsAV when due then JobsAV reserves
the right to charge interest.
Refund, Replacement & Cancellation Policies
All ads posted on the JobsAV website are non-refundable and all payments
are final. All advertisements posted on the JobsAV website cannot be replaced
or edited. Ads are posted for up to a period of 28 days. To remove an ad
after it has been posted please email headoffice@jobsav.co.uk stating the
ad reference number and your contact details for verification.
Termination and Cancellation
Subject to the provisions of the Contract, the Services shall be provided
for the Term. Either party may, at its sole discretion, terminate the Contract
at any time by notice in writing to the other party (the "Defaulting
Party") if the Defaulting Party fails to pay to the other party any
amount when due; or if the Defaulting Party is in breach of the Contract
and fails to remedy such breach within 14 days of notice from the other
party requiring it to be remedied. JobsAV may suspend the Services and/or
terminate the Contract by notice in writing to You if it believes that any
acts or omissions in connection with Your Contract constitute or lead to
any breach of any statutes, rules, regulations, employment acts, data protection
laws, codes of practice and legal requirements. Upon termination of the
Contract the provision of the Services shall immediately cease and the full
amount owing to JobsAV by You in respect of the Services, whether or not
provided, shall become payable with immediate effect. You shall be responsible
for all reasonable costs, claims, damages, loss, expenses and liabilities
incurred by JobsAV arising out of Your breach of obligations under the Contract
(including, without limitation, on a lawyer and own client basis, any legal
fees and disbursements reasonably incurred by JobsAV).
Copyright
Unless otherwise stated all contents of this website, including
graphics, layout and design are © copyright. JobsAV and Jobs AV may not
be reproduced without the written permission of Jobs AV Limited. JobsAV
and the JobsAV logo are registered trademarks of Jobs AV Limited. For permission
to reproduce any contents of this website, please email headoffice@jobsav.co.uk
General, Comments & Law
If any provision of these Conditions shall be invalid or unenforceable,
it shall not affect any other provision, which shall remain in full force
and effect. The Contract constitutes the entire agreement between You and
JobsAV in respect of the Services. Any waiver by JobsAV of any breach of,
or any default under, any provision of the Contract by You will not be deemed
to be a waiver of any subsequent breach or default and will in no way affect
the other terms of the Contract. Failure or delay by JobsAV in enforcing
or partially enforcing any provision of the Contract will not be construed
as a waiver of any of its rights under the Contract. If you have any comments,
please write to JobsAV, Suite 620, 8 Shepherd Market, London W1J 7JY. These
terms and conditions are governed by the Laws of England.