Standard Terms & Conditions JobsTheWord Ltd.
1.1. In these Conditions the following words and phrases shall have the following meaning unless the context requires otherwise:
any job advertisement issued by JobsTheWord on behalf of an Employer;
a Jobseeker who applies for a vacancy advertised on the Site;
an application made by a Jobseeker to a vacancy on the Site;
these Standard Terms & Conditions;
the curriculum vitae or brief outline details of a Jobseeker's education, training, skills and employment experience which is uploaded to the Site by a Jobseeker for the purpose of making an Application;
the person(s) or Company who has entered into an agreement with JobsTheWord for use of the Site and Services;
any person who uses the Site for the purpose of finding employment;
Jobs The Word Limited (company number 07651107);
the act of distributing a link to a web page containing an Advertisement, whether by email or any other means;
any person who distributes a link to a web page containing an Advertisement, by email or any other means;
the process whereby:
- a User enters their email address on the Site for the purposes of making an Application, or;
- a User enters their email address on the Site for the purposes of creating an Account required for specific Services, or;
- a User enters their email address on the Site for the purposes of performing a Referral.
the Services which JobsTheWord has agreed to provide to the Employer and the Services which are available on the Site for use by Users;
the site at www.jobstheword.co.uk or any other website operated by JobsTheWord;
when a Referral results in an Application to a vacancy on the Site where the Applicant is offered and accepts employment with an Employer to which that Referral relates;
any person who could be described as a Jobseeker, Referrer or Employer as set out in the Conditions;
1.2. In these Conditions:
- 1.2.1. references to any statute or statutory provision shall, unless the context otherwise requires be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
- 1.2.2. references to the masculine include the feminine and the neuter and the singular include the plural and vice versa as the context admits or requires;
- 1.2.3. words importing persons include individuals, bodies incorporated and unincorporated; and
- 1.2.4. headings will not affect their construction.
2. Application of the Terms
2.1. These Conditions shall apply to any User who uses JobsTheWord after the date on which these Conditions were posted on the Site;
2.2. These Conditions are deemed to be fully read, understood and accepted by:
- 2.2.1. Any User who undertakes the Registration process or makes an Application;
- 2.2.2. Any User who performs a Referral;
- 2.3. 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 JobsTheWord.
3. Services Generally
3.1. JobsTheWord does not make any representation whatsoever about any Advertisement accessed either on, by virtue of or by way of any links from the Site nor about any of the Employers who use Services on the Site. JobsTheWord relies on information provided to it by Employers and via third parties and accordingly it is a matter for the User to satisfy itself as to the suitability of any Employer using Services on the Site or of any Advertisement found directly or indirectly through the Site.
3.2. JobsTheWord shall be entitled at anytime without notifying the User 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.
3.3. Any intellectual property, ideas, concepts, know-how or techniques developed by JobsTheWord or obtained during the execution of the Services will be owned exclusively by JobsTheWord.
3.4. JobsTheWord 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.
3.5. The User accepts that JobsTheWord shall not be liable for any failure to provide the Services (or any part thereof) as a result of the User's failure to comply with these Conditions.
4.1. If a User uploads their CV to the Site in process of making an Application they accept that their CV will be stored on systems owned by JobsTheWord.
4.2. In uploading a CV, the User undertakes that:
- 4.2.1. the content of their CV is a true and accurate reflection of their education, employment, training history and that their personal details are correct;
- 4.2.2. if any of the information stored or saved on the Site for the purposes of securing employment is found to be false or inaccurate in anyway, that JobsTheWord reserves the right to remove those details and/or suspend the Services on the Site for that User.
5.1. If a User makes an Application, that user undertakes that:
- 5.1.1. they have fully read and understood the requirements of a vacancy Advertisement on the Site to which they make an Application;
- 5.1.2. they have the appropriate skills and qualifications required by the Employer and the necessary qualifications required by law;
- 5.1.3. they satisfy or will attend to the necessary immigration requirements of the country in which the position will be situated;
- 5.1.4. the details they provide to the Employer as part of an Application are a true and accurate reflection of their education, employment, training history and that their personal details are correct;
- 5.1.5. that if any of the information used in an Application is found to be false or inaccurate in any way, that JobsTheWord reserves the right to remove those details and/or suspend the use of the Services on the Site for the User;
6.1. If a User makes a Referral, that User agrees that:
6.1.1. Any monetary payment for a successful Referral will be made at the discretion of JobsTheWord and that this decision will be final;
6.1.2. JobsTheWord will not be held liable for any non-payment in relation to a Successful Referral;
6.1.3. Where there is a dispute as to the identity of a Referrer, JobsTheWord will investigate the matter and the decision of JobsTheWord will be final;
6.1.4. JobsTheWord reserves the right to change the value of any monetary reward in relation to Referrals at any time without notice.
6.1.5. JobsTheWord will issue any monetary reward to a Referrer through a payment method of JobsTheWord’s choosing,and that if the Referrer is unable to accept payment using this method, JobsTheWord maintains the right to withhold any such payment.
7. User Obligations
7.1. The User agrees that:
- 7.1.2. It will keep confidential and not disclose to any person the password used by them in relation to the Services;
- 7.1.3. It will be responsible for any misuse of all such passwords.
8.1. JobsTheWord will not be liable (whether in contract or tort) for;
- 8.1.1. any loss of copy, artwork, photographs, data, CVs or other materials that the User supplies to JobsTheWord and the User shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
- 8.1.2. 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 User;
- 8.1.3. for any failure to secure employment or consequential loss (whether caused by the negligence of JobsTheWord, its employees or agents);
- 8.1.4. 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 JobsTheWord or as a result of the acts or omissions of the User;
- 8.1.5. any loss or damage whatsoever or howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, or the wrongful disclosure of confidential information by, any Employer. It is for the User to satisfy itself as to the integrity and reliability of all vacancy Advertisements placed on the Site;
- 8.1.6. 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 User and the User indemnifies JobsTheWord against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by JobsTheWord as a result of this undertaking and warranty being incorrect.
8.2. Nothing in these Conditions will restrict or exclude JobsTheWord liability for death or personal injury caused by its own negligence.
8.3. The User agrees and acknowledges that no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of JobsTheWord in respect of or in connection with the Services and accordingly the User confirms that it has not, in accepting these Conditions, relied on any condition, warranty or representation by JobsTheWord 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 JobsTheWord is hereby irrevocably and unconditionally waived by the User.
9. Termination and Cancellation
9.1. These Conditions apply unless replaced by subsequent Conditions or unless terminated under Clause 9.2 of these Conditions.
9.2. Either party may, at its sole discretion, terminate the provision of the Services to the User at any time by notice in writing to the other party (the "Defaulting Party") if the Defaulting Party is in breach of these Conditions and fails to remedy such breach within 14 days of notice from the other party requesting it to be remedied.
9.3. The User shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by JobsTheWord arising out of the User's breach of its obligations under these Conditions (including, without limitation, on a solicitor and own client basis, any legal fees and disbursements reasonably incurred by JobsTheWord).
10.1. Notice required or permitted to be given under these Conditions shall:
- 10.1.1. be in writing addressed to that other party at its registered office or principal place of business or such other relevant address as may at the relevant time have been notified pursuant to this provision to the other party giving the notice; or
- 10.1.2. be in the form of an email addressed to JobsTheWord at firstname.lastname@example.org (or such other address as supplied by JobsTheWord) or if to the User, to the email address provided in the User's details submitted during Registration or as subsequently amended and the User will be deemed to have received such notification within one hour of transmission.
- 10.2. The User is responsible for notifying JobsTheWord of any changes to its email address. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to JobsTheWord by email.
11.1. 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.
11.2. Any waiver by JobsTheWord of any breach of, or any default under, any provision of these Conditions by the User 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 Conditions.
11.3. Failure or delay by JobsTheWord in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under these Conditions.
11.4. The parties to these Conditions do not intend that any clause of these Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
12.1. These Conditions and any contract into which these Conditions are incorporated, shall be governed by and construed in accordance with English law and the parties submit to the non exclusive jurisdiction of the English courts.