All contracts for the provision of recruitment related services made by Academic Jobs EU
Limited are subject to
the following conditions:-
1. DEFINITIONS
"Conditions" means the terms
and conditions set out below;
"Customer" means an individual job applicant
who agrees to acquire recruitment advertising services in
pursuance of employment from Academic Jobs EU in accordance with these Conditions;
"Academic Jobs EU" means Academic Jobs EU Limited;
"Service" means the recruitment
advertising services provided by Academic Jobs EU to the Customer,
details of which are set out these Conditions;
"Charges" means the charges, details of which are set out in Condition 5 below (most services are free of charge);
"the Web Site" means the web
site www.Academic Jobs EU.com dedicated to the progression of
careers and made available
to the Customer as part
of the Services.
2. WEB SITE
2.1 The Customer
acknowledges that all copyright, trade marks and other intellectual
property rights in or arising from any material contained in the Web Site shall remain the exclusive property of Academic Jobs EU.
2.2 The Customer shall not
reproduce, display, distribute or otherwise use any of the contents
of the Web Site for any public or commercial purposes and shall not
use the contents of the Web Site in any other networked computer environment for any other purpose.
2.3 The Customer shall not transmit or distribute to
or from or store on the Web Site any material which is defamatory,
obscene, threatening, distasteful or otherwise contravenes any applicable law or regulation.
2.4 The Customer shall not post on the Web Site any
advertisements or chain letters or material that contains viruses.
2.5 The Customer shall not
access any data not intended for the Customer or otherwise attempt to
interfere with the Services provided to other users.
2.6 The Customer shall not
delete or revise any material posted by any other person on the Web
Site without the prior written consent of Academic Jobs EU.
2.7 The Customer shall not
use any engine, software, tool or other device to navigate or search
the Web Site other than the search engine provided by Academic Jobs EU or
other third party web browsers generally available on the market.
2.8 The Customer shall not
attempt to decipher, decompile, disassemble
or reverse engineer any software comprising or relating
to the Web Site.
3. SECURITY
The Customer shall
not disclose its password to any third party without the
prior written consent of Academic Jobs EU and shall immediately notify
Academic Jobs EU of any unauthorised use of its password.
4. PROVISION OF THE
SERVICES
4.1 Academic Jobs EU
will endeavour to provide the Customer with the Services on the terms and conditions set out in these Conditions.
4.2 Academic Jobs EU shall provide the following recruitment advertising services:-
4.2.1 access to detailed databases of information for
those seeking employment;
4.2.2 registration for those
seeking a position of employment including a
personal home page where the applicant
can review and edit
his/her own CV.
5. CHARGES
Most services for job seekers are free of charge.
Services that are not free require an obvious purchase process to be completed before any charges become due.
All chargeable services shall be charged in accordance with
Part 1 of the Schedule (unless other Charges have been agreed in writing) from the date of
appointing Academic Jobs EU to provide the Services. The charges as set out in Part 1 of the Schedule
shall be paid by the Customer to Academic Jobs EU.
6. JOB APPLICANTS
6.1 The Customer
hereby permits Academic Jobs EU to disclose to third parties on an
anonymous basis the information contained in the
Customer's registration application;
6.2 Academic Jobs EU hereby agrees not to disclose to any
third party details of the name, address, e-mail address or any other
information revealing the personal identity of the Customer without
the prior written consent of the Customer;
6.3 The Customer
acknowledges that it is responsible for the form, content and
accuracy of any material submitted to Academic Jobs EU for insertion on
the Web Site.
7. LIMITATION OF LIABILITY AND
INDEMNITY
7.1 Academic Jobs EU makes no representations or warranties
about the accuracy, reliability or completeness of any material
contained on the Web Site and use of the Web Site by the Customer is
entirely at its own risk and in particular, Academic Jobs EU makes no
warranty or representation as to the suitability of candidates for employment or as potential employers.
7.2 Other than in circumstances in which there has
been a deliberate or negligence act or omission by Academic Jobs EU or any
of its employees giving rise to death or personal injury, Academic Jobs EU
shall not be liable to the Customer whether in contract, delict or otherwise, for any loss, damage
or injury
however caused or arising out of, or in the course of, or
in connection with, the provision of the Services or in connection
with any claims by third parties.
7.3 Academic Jobs EU shall not in any circumstances be
liable to the Customer in contract, delict or otherwise for any
indirect or consequential loss whatever and howsoever caused
including but not limited to loss of job opportunities or losses
arising from unsuitable candidates or any other losses arising from
lost or inaccurate data, business interruption or otherwise.
7.4 The Customer shall be
liable for and shall fully and promptly indemnify and hold harmless
Academic Jobs EU, its officers, employees and agents against all
liabilities, damages, costs, losses, claims, demands and proceedings
incurred or suffered whatsoever (including, for the avoidance of
doubt, consequential loss and, as such, loss of profits)
and howsoever arising, being directly or indirectly out of or in
connection with any claims, demands, proceedings brought against
Academic Jobs EU by any third party. This Condition shall not apply in relation to any liabilities
arising as a
result of any deliberate or negligent act or omission of Academic Jobs EU or any of its employees.
7.5 Academic Jobs EU hereby excludes, to the fullest extent
permitted by law, all warranties, whether express or implied,
including any warranty as to fitness for purpose of any materials
posted on the Web Site or otherwise in relation to the reliability,
completeness or timeliness of the Services and no warranty is given
specifically that the Web Site will operate free of errors or viruses.
7.6 Academic Jobs EU
is not responsible for the contents of any materials contained in any
third party web sites which are linked to the Web Site and
no representations or warranties are given regarding the content
or accuracy of materials contained
on such web sites.
8. TERMINATION
8.1 Without
prejudice to any of its rights, Academic Jobs EU may terminate
the provision of the Services to the Customer immediately upon
written notice to the Customer at any time if the Customer:-
8.1.1 fails to make any
payment due under these Conditions and if such default continues for
a period of seven (7) days after written notice of such default is sent to the Customer'
8.1.2 breaches any of these Conditions and such
breach continues for a period of seven (7) days after written notice
of such default is sent to the Customer;
8.1.3 makes any voluntary arrangement with its
creditors or becomes subject to an
administration order or goes into liquidation.
9. FORCE MAJEURE
Academic Jobs EU shall not
be liable to the Customer or be deemed to be in breach of any these
Conditions by reason of any delay in performing or failure to
perform any of the Services if the delay or failure was due to any
cause beyond Academic Jobs EU' reasonable control (including but not
limited to any factors affecting the operation of the Web Site
including computer viruses or interruptions
to power supply).
10. WAIVER
No waiver by
Academic Jobs EU of any breach of these Conditions by the Customer shall be
considered as a waiver of any subsequent breach of the same or
any other provision.
11. SEVERANCE
If any provision
of these Conditions is held by any competent authority to be invalid
or unenforceable in whole or in part, the validity of the other provisions
of these Conditions and the remainder of the provision in question
shall not
be affected thereby.
12. NOTICES
Any notice required
to be given under these Conditions shall be in writing and shall be
served by sending the same by electronic mail to the "e" mail
address of the other party.
13. GOVERNING LAW AND
JURISDICTION
These
Conditions shall be governed by and construed in accordance with
the laws of Scotland. In the event of any dispute, the parties hereby
agree
to submit to the non-exclusive jurisdiction
of the Scottish courts.
14. ENTIRE
AGREEMENT
These Conditions
supersede any previous agreements or understanding between the
parties in relation to the provision of the Services excluding
always any fraudulent misrepresentations and represents the entire
agreement between the parties. No variation of these Conditions shall
be effective unless made in writing and signed by an authorised
representative of Academic Jobs EU and the Customer.
This is the Schedule referred to in the foregoing Terms of Trading.
PART 1
THE CHARGES
Most services to individuals seeking employment are free of charge.
Services that are not free require an obvious purchase process to be completed before any charges become due.
The charges for Services which are not free shall be;
In circumstances where
the Customer is an individual seeking employment, the Customer will pay the
Charges in accordance with those indicated and agreed to at the time of ordering
a service on-line unless other Charges have been agreed in writing.
The
Charges shall become immediately payable at the time of ordering a service
on-line.
All payments to be made by the Customer to Academic Jobs EU under these
Conditions shall be made by cheque, cash, on-line credit card or otherwise as
instructed by Academic Jobs EU from time to time.
The performance by
Academic Jobs EU of its obligations under these Conditions is conditional upon
payment being made by the Customer in accordance with this Condition. If the
Customer fails to make any payment on the due date then, without prejudice to
any other right or remedy available to Academic Jobs EU, Academic Jobs EU shall
be entitled either to suspend its obligations under these Conditions and/or to
charge the Customer interest (both before and after any judgement) on the amount
unpaid, at the rate of four (4) percent above the base rate of The Royal Bank of
Scotland plc, until payment is made in full.
All payments to be made by
the Customer to Academic Jobs EU under these Conditions are exclusive of any
applicable Value Added Tax or any other tax which may be applicable.
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