Terms and Conditions
WEBSITE TERMS & CONDITIONS OF USE
IMPORTANT NOTICE: YOU MUST CAREFULLY READ AND THEN AGREE TO THE TERMS & CONDITIONS SET OUT BELOW BEFORE ACCESSING AND USING THE WEBSITE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS & CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE.
1.1 Terms & Conditions
This website (the "Website") is provided by RecruitSME Limited, a company incorporated in Scotland (Company Number SC408814) and having its registered office at 79 Quarry Street, Hamilton, South Lanarkshire, ML3 7AG ("RecruitSME", "we", "us" or "our"). These terms & conditions (the "Terms & Conditions") govern your use of our Website. If you are not willing to accept these Terms & Conditions you may not use our Website. By using our Website, you are deemed to have accepted these Terms & Conditions.
We reserve the right to change these Terms & Conditions, and any other Terms & Conditions contained elsewhere on the Website, at any time. It shall be your responsibility to check regularly to ensure that you agree to any such amendments. If you do not agree to any changes that we have made, you should stop accessing the Website immediately.
1.2 Our Services
RecruitSME offers guidance and support to small to medium enterprises ("SMEs") and non profit organisations ("NPOs") in the UK regarding recruitment practice. Our Website contains a Membership Area allowing access to free tools and resources to assist SMEs and NPOs who register as Members with all aspects of the recruitment process; including access to our online Supplier Directories which enable our Members to research and engage with third party recruitment Service Providers and to obtain direct support services from those Service Providers.
Our Website also promotes our own direct consultancy services available from RecruitSME to develop your organisation's internal recruitment processes ("Consultancy Services"). Consultancy services will be priced subject to the nature of the work. Please visit our Consultancy Services page or contact us for further information. Separate Terms & Conditions apply to our provision of Consultancy Services to you.
2. Terms & Conditions – Members
By registering as a Member, you hereby confirm:
• You are an SME or NPO in the UK, and you intend to use our Website and online Supplier Directories for the purposes of sourcing recruitment information and support services on behalf of your organisation only (the "Permitted Purpose");
• You are acting as a business and not as a consumer;
• You are not an organisation offering commercial recruitment products or services (including but not limited to a recruitment agency, professional recruitment specialist, job board or recruitment advertising agency) nor are you acting on behalf of such an organisation; and
• You agree to these Terms & Conditions, and in particular to the Terms & Conditions applicable to Members.
• The copyright and other intellectual property rights in any materials made available on our Website belong to RecruitSME or its licensors. You agree to use any such material solely for the Permitted Purpose and you agree not to use or reproduce such materials in any way for any other reason.
• You will not use our Website to create, amend, update or verify any databases, directories, customer lists, mailing lists or other records. The use of any information on our Website for the purpose of direct marketing, telemarketing, market research, or any other marketing activity is strictly prohibited.
• You may not use our Website to advertise your, or anyone else's, products or services (expect in so far as you may be permitted to do so as a registered Service Provider – see below).
• Misuse of our Reviews/Contributions or enquiry facilities is not permitted. If you persist in doing this, we may take action to suspend or terminate your account.
2.3 Reviews & Contributions - Content Standards
We encourage Members to Review the services offered by the Service Providers listed in our Supplier Directories and to contribute to the overall information contained within our Website.
By posting a Review or other Contribution, you hereby agree to strictly adhere to our Content Standards. The following content standards apply to any and all reviews, posts, comments, contributions and other materials ("Reviews/Contributions") which you may post or upload to our Website.
You must comply with the spirit of the following standards which apply to each part of any Review/Contributions you may make as well as to its whole.
• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Be constructive.
• (Where negative) include objective feedback regarding the cause of dissatisfaction.
• Comply with applicable law in the UK and in any country from which they are posted.
You may be required to verify any information stated within your Reviews/Contributions.
Reviews/Contributions must not:
• Contain any material which is defamatory to any person.
• Contain any material that discloses private, sensitive or personal matters concerning any person.
• Be likely to deceive any person.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right, trade mark or other intellectual property right of any third person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Be used for the purpose of harming or attempting to harm minors in any way.
• Contain any unauthorised advertising or promotional materials.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote, encourage, engage in or assist any unlawful act or illegal activity such as (by way of example only) copyright infringement or computer misuse.
• Contain viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• Contain spam: we don't allow the submission of the same or very similar Reviews/Contributions many times. Please don't re-submit your review more than once
RecruitSME aim to represent both Members and recruitment Service Providers fairly. Please note that we do not allow anonymous Reviews/Contributions. You accept that any rating and comments in your Reviews/Contributions will be made available to the Service Provider you have reviewed for the purposes of giving that person a right to reply to you. This will include your real name and the name of your organisation. Your Member username will also be displayed on the Website next to your review. At the time of submitting your Review/Contribution, you will receive a reminder prior to final submission, and you will be given the opportunity to confirm your intention to post the Review/Contribution. If you do so you authorise the publication of any Review/Contribution posted together with your Member username, and you fully accept sole liability for the content for your Review/Contribution.
You will be sent an automated e-mail to notify you if your Review/Contribution has or has not been accepted. We have automated systems in place that scan for words or patterns that attempt to identify Reviews/Contributions inappropriate content. However, we do not guarantee that any Reviews/Contributions that are posted live on our Website are appropriate or are in compliance with our Content Standards or any applicable law, and we do not check such Reviews/Contributions individually before they go live. Declined reviews may also include a warning if, in our sole opinion, we believe that our Content Standards have been breached. We reserve the right, without any obligation whatsoever, to remove any Review/Contribution submitted to our online Supplier Directory that we believe, in our sole opinion, does not conform to our Content Standards. Continued breach of our Content Standards will result in appropriate action being taken against your account. This action may include a temporary or permanent suspension of your ability to participate in any or all areas of our Website.
You warrant that your Review/Contribution is original to you and will at all times comply with the Content Standards stated above.
You will indemnify us against all claims, costs, losses, expenses and damages arising as a result of any breach of this section on Content Standards.
By submitting your Review/Contribution you hereby grant us a royalty-free, irrevocable, perpetual, worldwide licence for us to use or authorise others to use your Contribution as necessary to facilitate the provision of the services offered on the Website.
3. Terms & Conditions – Service Providers
In order to register your services a Service Provider you confirm:
• You are acting as or an authorised representative of a recruitment service provider in the UK using our directory to promote your recruitment products or services to SMEs and NPOs in the UK;
• You are acting as a business and not as a consumer;
• You will not advertise non-recruitment related commercial services on our Website; and
• You agree to these Terms & Conditions, and in particular to the Terms & Conditions applicable to Service Providers.
By registering as a Service Provider and obtaining a listing in our online Supplier Directory, you accept that Members may submit Reviews/Contributions relating to your firm on our Website. This is an important function of our Website and is not a negotiable option. You will receive an email notifying you of any Reviews/Contributions related to your firm, and will be given a right of reply to such Member.
You will have the opportunity to post a response to any Review/Contribution. Please note that we have implemented automated checks and controls which help us to identify false, inaccurate and offensive Reviews/Contributions before they go live (although these systems cannot guarantee that such Reviews/Contributions will not be posted). Please refer to our Content Standards above on acceptable Reviews/Contributions. Any reply or response submitted by you must also comply with our Content Standards.
Any information you provide in relation to your services must be accurate and truthful, and be in accordance with all applicable law and honest business practices. Any offers or promotions must clearly set out, or link to, your Terms & Conditions and be applicable and available to our Members.
Listings for Service Providers are free although RecruitSME may charge you at an agreed rate to post any direct promotional offers to our Member base ("Promotional Offers"). Fees for Promotional Offers will be processed in advance of advertising. We do not guarantee any response to promotional advertising. If you cancel your listing, it will remain active until the end of any Promotional Offer period paid for unless an early termination is agreed with you.
We are happy to make reasonable changes to Service Providers' listings for no charge, to ensure your information is correct and up to date. However, we reserve the right to charge for regular changes to Service Providers' listings information.
We reserve the right to change the basis for our fees and charging structure from time to time.
You may terminate your listing as a Service Provider at anytime by giving us 2 Working Days' notice (a "Working Day" being any Monday to Friday excluding public holidays in Scotland). Any accounts reactivated within 12 months may incur an administration fee.
4. Terms & Conditions – All Users
The Website is provided to you on an "as is" and "as available" basis without any representation, endorsement or warranty of any kind, express or implied (by law or otherwise). Accordingly, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms. Specifically, we do not warrant: (1) that any functions on the Website will be uninterrupted or error free; (2) that the information on the website is correct, accurate and complete; or (3) that the Website or the server that makes it available, are free from bugs, defects or viruses.
The views, expressions and opinions appearing on any interactive portion of the Website (including but not limited to the Reviews/Contributions pages) are the views, expressions and opinions of the contributors to our Website and are not the views, expressions and opinions of us as operator of the Website.
We can give no assurances or warranties regarding the accuracy, currency or applicability of any of the contents of this Website in relation to specific situations and particular circumstances. As such, the contents of this Website should not be relied upon.
While we do not actively moderate all content, and are not responsible for the content of any Reviews/Contributions or any message or materials on our Website, we reserve the right, but are not obliged, to delete, move or edit messages or materials, including without limitation any Reviews/Contributions that we in our sole discretion deem to violate these Terms & Conditions, or otherwise deem to be unacceptable. You shall remain solely responsible for the content of any Reviews/Contributions, profiles, postings, messages, advertisements and other materials you may upload or post to our Website.
In no event shall we be liable for any claims, penalties, loss, damage or expenses, howsoever arising, out of or in connection with your use of the Website, including, without limitation, direct or indirect loss, consequential loss or damage, loss of profit or goodwill, loss of data, loss arising from use or inability to use the Website, loss attributable to any reliance on any of the information provided on the Website, loss arising from any errors or omissions in the Website as a result of breach of contract, negligence or delict. In particular, we do not guarantee the suitability or quality of any Service Provider or for any products or services featured on our Website.
Nothing in these Terms & Conditions shall exclude or limit our liability for death or personal injury caused by negligence or for any liability which cannot be excluded or limited under applicable law.
You will indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms & Conditions or any use by you of our Website.
4.4 Intellectual Property Rights
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including, without limitation, documents, photographs and images) are owned by us or by our licensors.
You may view or download any part of the Website for the Permitted Purpose, but you are not permitted, without our permission, to:
• Store the Website, or any part of the Website, for any other purpose that the Permitted Purpose;
• Print copies of the Website, or any part of the Website, for any other purpose the Permitted Purpose; or
• Reproduce copy or transmit the Website, or any part of the Website, in any way, for any other purpose the Permitted Purpose or in, and/or, to any other medium.
All other rights which are not specifically granted are reserved.
4.5 Breach of Terms & Conditions
We will determine, at our absolute discretion, whether there has been a breach these Terms & Conditions through your use of our Website. When a breach has occurred, we may take such action as we deem appropriate which may include all, or any, of the following actions:
• Immediate, temporary or permanent withdrawal of your right to use our Website (including but not limited to closing your account or listing, without any right to a refund, where applicable).
• Immediate, temporary or permanent removal of any Reviews/Contributions or other material uploaded or posted by you to our Website.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken by us in response to any breach of these Terms & Conditions. The responses described in these Terms & Conditions are not limited, and we may take any other action we reasonably deem appropriate.
4.6 Service Access
While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4.7 Links to Third Party Website
The Website contains links (the "Links") to websites operated by parties other than us ("Third Party Websites"). We do not control Third Party Websites, and are not responsible for their content. The inclusion of the Links does not imply any endorsement of any products, information, materials or services offered or provided on Third Party Websites, or any association with their operators. You are solely responsible for evaluating the integrity of the operators of any Third Party Websites; the accuracy and completeness of any information contained on them, and the value and authenticity of any goods or services offered through them. Note that when you follow a Link to a Third Party Website you are leaving our Website and we give no guarantee that the Third Party Website will be available or is free from bugs, defects or viruses.
We accept no liability with respect to any of the products, information, material or services offered or provided by any persons or other organisations (including, but not limited to, Service Providers) listed on, or linked to, the Website. Should you decide to contract with any Service Provider or other person or organisation, the contract will be directly between you and that other party. We will have no contractual involvement, and will not be liable to you in contract or otherwise for any losses or damages that you suffer in relation to and as a result of products, information, materials or services provided to you by any of these organisations.
4.8 Links from Third Party Websites
You may only create a link to our Website on your own website with our prior written consent.
If and in so far as any part or provision of the Terms & Conditions is or becomes void or unenforceable it shall be deemed not to be or never to have been or formed a part of the Terms & Conditions and the remaining provisions of the Terms & Conditions shall continue in full force and effect.
4.10 Privacy & Data Protection
4.11 No Waiver
No waiver by us of any breach by you of any of these Terms & Conditions shall constitute a waiver of any other breach, and no failure to exercise or partial exercise by us of any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy in part or in full.
4.12 Law and Jurisdiction
Version: October 2011