DO NOT USE THIS WEB SITE AND SERVICE IF YOU ARE NOT
WILLING TO ACCEPT THE TERMS AND CONDITIONS STATED
BELOW
These "Terms and Conditions" govern Your use of the Web site
known as http://candidates.advantage-professional.co.uk (the
"Site"). Please read these Terms and Conditions carefully. By using
this Site, You are indicating Your acceptance to be bound by these
Terms and Conditions. You are advised to check this Terms and
Conditions page periodically to review changes that could be made
at any time, because these changes are binding on You. Advantage
Professional may modify these Terms and Conditions at any time in
its sole discretion by updating this posting.
The terms "You" and "User" as used below refer to all persons
and/or entities using this Site for any reason. The term "Advantage
Professional" means Advantage Professional and all of its
subsidiaries, affiliates, franchisees and licensees.
Copyright Notice
1) All the contents of this Site, including, without limitation,
the "look" and "feel" of the Site, text, images, graphics, logos,
button icons, lists, software, databases, and other material and
content and the compilation of it (meaning the collection,
arrangement and assembly) (together "Material") are protected under
both UK and international copyright, trade mark and other
laws.
2) All Material is the exclusive property and intellectual
property of Advantage Professional or its content suppliers or
clients.
Use of Material
1) Advantage Professional authorises You to view a single copy of
the Material on this Site solely for Your personal, non-commercial,
internal business purposes or as a job applicant.
2) You may not distribute the Material to third parties or use it
to create directories or mailing or marketing lists or for any
other purpose.
3) Unauthorised use of the Material may violate copyright,
trademark and other laws.
4) You must retain all copyright, trade mark, service mark and
other proprietary notices contained in the original Material or any
copy You make of the Material (but You may only make such copies as
expressly authorised by these Terms and Conditions).
5) To the maximum extent permitted by applicable law, You may not
modify, copy, transmit, create derivative works from, reverse
engineer, disassemble or otherwise attempt to discover any source
code from any software accessible or available through Advantage
Professional, or sell, assign, sub-license or otherwise transfer
any right in such software.
6) You may not incorporate the Material for any purpose into
another database, search engine, any other Web site or in a
networked computer environment of any kind.
7) You may not copy or adapt the HTML code that Advantage
Professional creates to generate its pages.
8) Access to this Site is monitored. The requesting URLs, the
machine originating the request and the time of the request are
logged for access statistics and security purposes. Use of this
Site constitutes consent to such monitoring.
User Information
1) Material on this Site may be changed, terminated or updated
without notice.
2) Advantage Professional may also make improvements and/or
changes in the services described in this Site at any time without
notice.
3) Any information or material sent to Advantage Professional
shall not be considered confidential. By sending Advantage
Professional any information or material, You grant Advantage
Professional an unrestricted, irrevocable right and licence to use
such information for its business purposes, including the right to
post job listings and résumés/CVs that You place on this
Site.
Scope of Permitted Site Use
1) You may refer to the URL of this Site without limitation, but
You may not link to this Site without Advantage Professional's
prior written approval.
2) You may not use the Site in order to transmit, distribute,
erase or store material: (a) in violation of any applicable law or
regulation; (b) in a manner that will infringe the patent,
copyright, trade mark, trade secret or other intellectual property
rights of others or violate the privacy, publicity or other
personal rights of others; or (c) that is harmful, defamatory,
libellous, vulgar, obscene, threatening, abusive, harassing or
otherwise objectionable in Advantage Professional's opinion.
3) You are prohibited from violating or attempting to violate the
security of the Site, including, without limitation: (a) attempting
to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper
authorisation; (b) accessing data not intended for such User or
logging into a server or account which the User is not authorised
to access; (c) forging any TCP/IP packet header or any part of the
header information in any e-mail or posting; (d) attempting to
interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus or corrupted
data to the Site, overloading, continuous posting of repetitive
text, "flooding," "spamming," "mailbombing" or "crashing"; or (e)
sending unsolicited e-mail, "junk mail," "chain letters," including
promotional materials and/or advertising of products or services,
or any other form of solicitation. Violations of system and network
security may result in civil or criminal liability.
Specific Prohibited Uses
The Site may only be used for lawful purposes. Advantage
Professional specifically prohibits any use of the Site, and all
Users agree not to use the Site, for any of the following:
- Posting any incomplete, false, inaccurate or misleading
biographical information or information which is not Your own
accurate résumé/CV. Recruiters representing candidates may not send
that candidate's résumé/CV in response to a job posting.
- Deleting or changing another person's information posted on the
Site.
- Posting or transmitting any message, information, data, text,
software or images, or other material that may invade another's
privacy or publicity rights or is unlawful, harmful, threatening,
abusive, harassing, defamatory, libellous, vulgar, obscene or
otherwise objectionable in Advantage Professional's opinion.
- Posting a sexually explicit image or statement.
- Using any device, software or routine to interfere or attempt
to interfere with the proper working of this Site or any activity
being conducted on this Site.
- Taking any action that imposes an unreasonable or
disproportionately large load on this Site's infrastructure.
- Notwithstanding anything to the contrary contained herein,
using or attempting to use any engine, software, tool, agent or
other device or mechanism (including, without limitation, browsers,
spiders, robots, avatars or intelligent agents) to navigate or
search this Site other than the search engine and search agents
available from Advantage Professional on this Site and other than
generally available third-party Web browsers (e.g., Netscape
Navigator, Microsoft Explorer).
- Other than as permitted expressly by these Terms and
Conditions, copying or duplicating any of the materials or
information available from the Site.
- Other than as permitted expressly by these Terms and
Conditions, framing of or linking to any of the materials or
information available from the Site.
Feedback and Information
Any feedback that You provide at this Site, including but not
limited to, electronic and written correspondence, shall be deemed
to be non-confidential and can be used by Advantage Professional
without limitation.
Indemnity
By using this Site, You agree to indemnify, and keep Advantage
Professional free from and effectively indemnified against any
claims, damages, losses, liabilities and all costs and expenses of
defence, including but not limited to lawyers fees, resulting
directly or indirectly from Your use of this Site, unless such
claims, damages, losses, liabilities, costs and expenses arise from
and have directly and solely been caused by the gross negligence or
intentionally wrongful acts of Advantage Professional.
Disclaimer
1) Your use of this Site is free of charge. Therefore this Site
and all information within it are provided on an "as is" basis and
Advantage Professional makes and gives no conditions, warranties,
undertakings, representations or other terms regarding this Site or
the Materials or connected to them or regarding the effectiveness
of the Site or the Materials in meeting Your employment
objectives.
2) All conditions, warranties, undertakings, representations and
other terms of any kind whatsoever, express or implied (whether by
statute, common law or otherwise), in respect of the Site or the
Material or in connection with them are hereby excluded by
Advantage Professional to the fullest extent permitted by law and
Advantage Professional shall have no obligation, duty or liability
whatsoever to You.
3) Without prejudice to the generality of the foregoing, to the
fullest extent permitted by law Advantage Professional specifically
disclaims and excludes all warranties or conditions implied by law
or statute concerning satisfactory quality and fitness for purpose
and reasonable skill and care.
4) Advantage Professional does not guarantee that any employer or
client will ask for Your résumé/CV, ask to interview You or hire
You.
5) Advantage Professional does not guarantee to any employer or
client the availability of résumés/CVs or candidates, or that any
candidate will meet Your needs.
6) Advantage Professional uses reasonable care in compiling and
presenting the information found on this Site. However, the
accuracy of information supplied by candidates, employers and other
users is not within the control of Advantage Professional, and
Advantage Professional does not certify that it has verified any
information in any job listing, résumé/CV, file or other posting
entered into the Advantage Professional database or available on
this Site.
7) Further, Advantage Professional does not assume liability for
any errors or omissions in the content on this Site or any third
party site, including, but not limited to, typographical errors,
inaccuracies, outdated information, or broken links.
8) Advantage Professional expressly disclaims liability for errors
or omissions in the information found on this Site.
9) You acknowledge that in any computer system and any network of
computer systems there is certain to be "downtime" due to
mechanical, telecommunication, software, hardware and third-party
vendor failures during which Advantage Professional will be unable
to provide this Site to You. Advantage Professional cannot predict
or control when such "downtime" may occur and cannot control the
duration of such "downtime."
10) Advantage Professional uses this Site to provide the access,
computer services and connections that link the Advantage
Professional database to the Internet and other network systems.
Advantage Professional has authority or control only over the
operation of this Site. Nevertheless, You understand and agree that
the Internet is inherently unreliable and subject to breaches of
security. Therefore, Advantage Professional cannot be responsible
for the integrity of any information, file or other posting
available on or sent to this Site.
11) Advantage Professional has no authority or control over the
content, operation or performance of any portion of the Internet
including other Web sites to which this Site may be linked or from
which this Site may be accessed. A link to a Web site not owned or
operated by Advantage Professional does not mean that Advantage
Professional endorses or accepts responsibility for the content or
use of such Site and such link is being provided to You merely as a
convenience. Reference to any product, process, publication,
service or offering of any third party by trade name, trade mark,
manufacturer or otherwise does not necessarily constitute or imply
its endorsement or recommendation by Advantage Professional.
12) The views and opinions of employers, candidates and other
users of this Site do not necessarily state or reflect those of
Advantage Professional.
Exclusion of Liability
1) Your use of this Site is free of charge. Therefore this Site
and all information within it are provided on an "as is" basis and
Advantage Professional excludes all responsibility for any amount
or kind of loss or damage that may result to You or a third party
as a result of using this Site or the Materials.
2) To the maximum extent permitted by applicable law, in no event
will Advantage Professional be liable for loss or damages of any
kind.
3) Without prejudice to the generality of the foregoing, to the
maximum extent permitted by applicable law, in no event will
Advantage Professional be liable for a) loss of revenue; b) loss of
actual or anticipated profits; c) loss of contracts; d) loss of the
use of money; e) loss of anticipated savings; f) loss of business;
g) loss of opportunity; h) loss of goodwill; i) loss of reputation;
j) loss of, damage to or corruption of data; or k) any indirect or
consequential loss; and such liability is excluded whether it is
foreseeable, known, foreseen or otherwise. For the avoidance of
doubt, (a) to (j) apply whether such losses are direct, indirect,
consequential or otherwise.
Limitation of Liability
If the exclusion of liability set forth under the section
'Exclusion of Liability' is held inapplicable or unenforceable for
any reason, then Advantage Professional's maximum aggregate
liability to You for all losses and damages shall be limited to
£10.00 [or Advantage Professional may want to put an amount here in
Euros instead in case the UK goes to Euros].
Proprietary Information (Trade marks and Service
Marks)
1) Certain portions of this Site contain information that is
considered confidential and proprietary. This information is not
available to the general public. Any attempt to access this
information will be prosecuted to the fullest extent possible under
local, state, national and international law. Nothing contained
herein shall be construed as conferring by implication, estoppel or
otherwise, any licence or right under any patent, copyright, trade
mark or other intellectual property right of Advantage Professional
or any third party, except as expressly granted herein.
Financial promotions and investment advice (Users based in the
United Kingdom)
Information contained in this Site and relating to Advantage
Professional's financial performance, future outlook and other
aspects of Advantage Professional's business is not intended to
constitute a recommendation by Advantage Professional to buy, sell,
or hold shares in Advantage Professional and/or other related
investments. Advantage Professional does not offer or provide any
investment advice in relation to its own shares and/or other
related investments. Investment decisions that you may make
concerning Advantage Professional's shares and/or other related
investments must be based solely on your evaluation of all factors
which you may deem relevant. If in doubt, you should seek your own
independent advice on the suitability of any investments referred
to in this Site.
Where information contained in this Site constitutes financial
promotions for the purposes of Section 21 of the Financial Services
and Markets Act 2000, such financial promotions are communicated by
Advantage Professional pursuant to an available exemption which
permits us to communicate certain financial promotions of
securities already admitted to certain markets. Such communications
are therefore not approved by a person who is authorised in the
United Kingdom by the Financial Services Authority. Where we refer
to the price at which Advantage Professional shares have been
bought or sold in the past or to the yield on Advantage
Professional shares, you should note that past performance cannot
be relied on as a guide to future performance.
General
1) Advantage Professional makes no claims that the Materials may
be lawfully viewed or downloaded outside of the United Kingdom.
Access to the Materials may not be legal by certain persons or in
certain countries. If You access the Site from outside of the
United Kingdom, You do so at Your own risk and are responsible for
compliance with the laws of Your jurisdiction.
2) These Terms and Conditions and use of the Site are governed by
laws of England. You and Advantage Professional submit to the
exclusive jurisdiction of the English courts, provided that
Advantage Professional may bring an action in any jurisdiction or
court of its choosing.
3) If any provision of these Terms and Conditions are found to be
invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in
full force and effect.
4) No waiver of any term of these Terms and Conditions shall be
deemed a further or continuing waiver of such term or any other
term.
5) No changes to these Terms and Conditions shall be made except
by a revised posting on this page.
6) These Terms and Conditions shall not be enforceable under the
Contracts (Rights of Third Parties) Act 1999 by a person or entity
who is not a party to these Terms and Conditions.
