Terms & Conditions
Please read through these terms and conditions carefully.
In these Conditions the following terms shall have the following meanings:
"Advertising Service" the advertising and associated services to be provided to the Client by the Company via the Websites
"the Agreement" the agreement between the Company and the Client setting out specific details of the Service to be provided by the Company to the Client
"Application" the outline (curriculum vitae or resume) of a Candidate's education, training, skills and employment experience which is sent to the Company by the Candidate for distribution to clients for the purposes of locating employment
"Candidate" any person registering or forwarding information within an Application or otherwise via the Websites
"the Client" the person for whom the Service is to be provided
"the Company" Your Job Limited of Windsor House, Royal Court, Macclesfield, Cheshire, SK11 7AE
“the Conditions" the terms and conditions of business set out in this document
" Charges" the charges payable by the Client to the Company for the Service as set out in a Schedule of Charges
"the Service" the provision of the Advertising Service and related products
"the System" the Websites and all e-mail facilities provided in connection with the provision of the Service.
“the Total Fee” the sum total of the items specified in the schedule for the period stated
"the Websites" the website called www.yourfoodjob.com, and the related network of associated websites (which may be subject to change) as may be shown in the attached schedule.
2. General and Intellectual Property Rights
2.1 By accessing the website or content, software, products or services available through the Websites you are deemed to have entered into an agreement with the Company and to have agreed to be bound by the Terms set out below. The Websites are owned by The Company.
2.2 The Agreement and these Conditions shall supersede all previous terms and conditions of business between the Company and the Client whether written, oral or implied.
2.3 No variation or alteration of the Agreement and/or these Conditions shall be binding unless confirmed in writing by a director of the Company and an authorised officer of the Client.
2.4 Intellectual Property Rights include, copyright, database, trademark, trade names, domain names, rights to logos, content, patents, all rights of whatever nature in computer software and data, all rights of privacy and all intangible rights and privileges of a similar kind to any of the above, in any part of the world whether or not registered, granted or pending registrations, and all rights to make an application for registration. All Intellectual Property Rights in the Content and design of the websites and any material emailed or otherwise supplied to you as part of delivering our products or services are the property of The Company.
2.5 The websites contain links to other internet sites maintained by third parties. The Company does not operate or control in any respect any information, products or services on such third party sites. Links are provided solely for your convenience, and do not constitute any endorsement by the Company. You assume sole responsibility for use of third party.
3. Company's Obligations
3.1 Subject to payment of the service, the Company shall provide the Service(s) to the Client.
3.2 The Company shall provide a facility, which will deliver Applications received via the Websites to the Client, unless other means of delivery is agreed.
3.3 Unless otherwise agreed in writing the Company shall ensure that copies of all Applications received by the Company are stored for a limited period of time.
3.4 Unless otherwise specified in the Agreement, all job advertisements that are supplied by the Client will be advertised until the published closing date.
3.5 The Company reserves the right to withhold, edit, modify or require to be modified, any material submitted by the Client for advertising on the Websites which in the Company's opinion does not comply with applicable advertising codes of practice (including moral and legal obligations).
3.6 The Company will use its reasonable endeavours to ensure that the Service will be uninterrupted and error free, but does not give any such assurances nor does it warrant accessibility at all times. In particular the Company does not accept liability for any inability to access the Service by reason of any failure or defect in telecommunication links provided by third parties or by failure on the part of the Client or its equipment.
4. Client's Obligations
4.1 The Client shall not submit, copy (except for internal use), resell or make available in any way any Applications or other information received from the Company via the Websites to any third party.
4.2 Clause 4.1 shall not apply where the Company is satisfied that the Client is acting as a bona fide employment or recruitment agent.
4.3 The Client will use its best endeavours to: -
(a) supply to the Company accurate, complete and true information and/or images in an appropriate electronic or e-mail format or medium, and will ensure that such text is free from errors;
(b) alert the Company as soon as reasonably possible to any errors detected in any adverts.
4.4 The Client undertakes to:
(a) inform the Company immediately upon becoming aware of the misuse of the System by any person;
(b) take all reasonable precautions against unauthorised access to the System by any person; including but not limited to the unauthorised use of user names and passwords and secure information;
(c) ensure that advertisements supplied comply with all relevant legislation;
(d) ensure that all advertising and material placed on the Websites by the Client will at all times comply with applicable advertising codes of practice (including moral and legal obligations). The Company shall be entitled to remove any advertising and/or material which is placed on the Websites which in its opinion does not comply with applicable advertising codes of practice.
4.5 The Client agrees not to sell, copy, submit, transmit or make available in anyway any software or passwords received from the Company for the purpose of accessing the System or the Websites.
4.6 The Client warrants to the Company that all material supplied by it to the Company for use on the Websites will not violate any intellectual property rights of any third party.
5.1 The Company and the Client shall keep confidential all personal details contained within Applications or other information received via the Websites.
5.2 The Company and the Client shall in all respects comply with bye-laws, codes of practice and legal obligations to which they are ordinarily subject in respect of the Service and their receipt and processing of Applications and in particular the Client and the Company shall ensure that they are registered with the Data Protection Registrar and abide by all statutory obligations imposed by the Data Protection Act 1998.
6.1 The Client shall fully and effectively indemnify the Company in respect of all or any claims or proceedings which may be brought or threatened against the Company (a) arising out of or in connection with any advertisement of the Client on the Websites and in particular (but without prejudice to the foregoing) any claim or proceedings as a result of the publication of any material supplied by the Client which contains defamatory statements or statements that discriminate in respect of race, religion, sex, age or disability; (b) for any breach or alleged breach of any third party’s intellectual property rights.
6.2 The Company shall not be liable for any loss or damage arising as a result of any material or information transmitted via the System or otherwise by a Candidate in respect of any advertisement on the Websites except to the extent that such loss or damage was caused by default or negligence on the part of the Company.
6.3 Although the Company shall use its reasonable endeavours to ensure information advertised is accurate (and shall make corrections where necessary) the Company shall accept no liability for the accuracy of the text contained within advertisements and web pages and shall not be liable for any mistakes not identified during the uploading of information onto the Websites.
6.4 The Company accepts no liability for loss or damage to copy artwork or other materials sent or claimed to have been sent by the Client.
6.5 The Company does not undertake to contact the Candidate on behalf of the Client. The Company does not guarantee that a Candidate will attend an interview even if the Candidate has agreed to attend.
6.6 The Client shall satisfy itself as to the suitability, standard of skill, integrity and reliability of Candidates whose Applications are provided by the Company, and shall take up such references as the Client shall deem necessary. No liability will be accepted by the Company for any loss or damage arising out of the negligence, lack of skill, misconduct or dishonesty of any Candidate.
6.7 The Client shall use the Service and the System at its own risk and shall satisfy itself as to whether or not the Service meets its requirements.
6.8 Where the Client requests the Company on the Client's behalf to procure advertising services on any website belonging to a third party, the Company shall not be liable to refund any fees paid in advance by the Client to the third party (whether such payment is made directly by the Client to the third party or by the Client to the Company for the third party's account) for such advertising services in the event that the third party shall for whatever reason cease trading or enter into a deed of arrangement or commit an act of bankruptcy or compound with their creditors or if a receiving order is made against them or if (being a company) an order is made or a resolution is passed for the winding up of the third party.
7.1 Subject to clause 7.2 either party may terminate the Agreement by giving to the other at least thirty days notice in writing prior to the end of the first year and each subsequent year of this Agreement. Unless so terminated the Agreement will continue for a further year.
7.2 The Client may by written notice terminate the Agreement forthwith if proceedings shall be commenced for the winding up of the Company, or if the Company shall make any arrangements or composition with its creditors or if a receiver or administrative receiver or manager on behalf of a creditor is appointed or if the Company shall suffer any execution to be levied on its goods.
7.3 Where a party to the Agreement is in breach of any of its terms the other party shall have the right to terminate the Agreement (including access to the System) forthwith, unless such breach is remedied within 14 days. Where the Client terminates the Agreement in such circumstances, the Company shall not be liable for any consequential loss or damage, which the Client may suffer as a result of such termination.
7.4 If this Agreement is terminated by the Company pursuant to the provisions of Clause 7.3 the Client shall forfeit any fees paid.
7.5 If this Agreement is terminated by the Client pursuant to the provisions of Clauses 7.2 or 7.3 the Client shall be entitled to a proportionate refund of the fees paid.
8. Contracts (Rights of Third Parties) Act
No term of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person other than the Company and the Client.
9. Company’s Charges
9.1 The amount of the Total Fee is specified in a Schedule of Charges.
9.2 All invoices will be raised in GB Sterling
9.3 The company will not make a refund to a customer once advertising has commenced
9.4 The Fee is payable in whole and in advance. The Company reserves the right, by giving notice to the Client at least 60 days prior to the end of any year of this Agreement, to increase the Annual fees for the following year resulting from an increase in the cost to the Company in providing the Service, any enhancement of the Service or increased level of usage by the client.
9.5 Unless otherwise agreed in the Schedule of Charges all Fees are payable in full upon the signing of the Agreement by the Client.
9.6 Invoices rendered by the Company are payable within 14 days from the date of invoice. An initial invoice will be issued immediately upon receipt of a signed Agreement.
9.7 The Company will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if invoices are not paid according to agreed terms.
10. Jurisdiction and Enforceability
10.1 The Agreement and these Conditions shall be governed and enforced under English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
10.2 The invalidity or unenforceability for any reason of any part of the Agreement and /or these Conditions shall not prejudice or affect the validity or enforceability of the remainder.
Refunds will be made at the descretion of the Management.
To contact us you can email firstname.lastname@example.org or you can write to us at:
Your Job Limited, Windsor House, Royal Court, Brook Street, Macclesfield, Cheshire, SK11 7AE
Registered Office - as above:
Registered in England and Wales, Company Registration Number: 5573949
VAT Number: 872 6270 10