CVbrowser Terms and Conditions
Acceptance of Terms
Your access to and use of CVbrowser ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website, you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you must immediately stop using the Website.
1 Changes to Website
CVbrowser reserves the right to:
1.Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that CVbrowser shall not be liable to you for any such change or removal
1.2 Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such changes
2 Links to Third Party Websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
3.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to CVbrowser or otherwise used by CVbrowser as permitted by law.
3.2 In accessing the Website you agree that none of the articles or Website text may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder.
5 Account Registration
On registering an account with CVbrowser we will review the content on any CV uploaded and we may create an automatic job alert email according to your skills and location. This job alert may be deleted or edited via your candidate control panel at any time. On joining the site, you may also be subscribed to our newsletter system where we will update you with available jobs, our own newsletters and sometimes emails from third parties. All of these subscriptions can be cancelled either via the website, via specific removal links in the newsletters / job alerts or by emailing us via addresses contained in the newsletters.
6 Disclaimers and Limitation of Liability
6.1 To the extent permitted by law, CVbrowser will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
6.2 CVbrowser makes no warranty that the functionality of the Website will be uninterrupted or error free, that errors will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.3 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of CVbrowser f as a result of the negligence of CVbrowser or that of its employees or agents.
You agree to indemnify and hold CVbrowser and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against CVbrowser arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9 Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
Online Advertising Terms and Conditions
1 Acceptance of Terms
A definition of terms used within this document:
Any person, business, organisation or company subscribing to the CVbrowser Service under this Agreement.
CVbrowser LTD of 24-28 St Leonards Road, Windsor, SL4 3BB, UK
The CVbrowser website with the domain names ‘cvbrowser.com’ and all associated network sites
2.1 The terms and conditions herein shall take immediate effect in substitution of all previous terms and conditions between the Company and the Client whether written, oral or implied.
2.2 No variation or alteration of these terms and conditions shall be deemed valid without express agreement and confirmation in writing by a director of the Company.
2.3 Commencement of advertising with CVbrowser Ltd shall be deemed as acceptance of these Terms and Conditions.
2.4 A signed order form is deemed as acceptance of these terms and conditions
The Company shall provide the Client with full and proper use of its advertising services. The Company, in its full discretion and with reasonable cause, reserves the right to withhold, edit, modify or require to be modified, any material submitted by the Client for advertising over the Internet in compliance with relevant advertising codes of practice including all moral and legal obligations.
3.1 The Company will endeavour to ensure that the Service will be uninterrupted and error free, but does not make any such assurances nor does it warrant such accessibility and in particular does not accept liability for any inability to access the Service by reason of any failure or defect in the telecommunications links provided by third party suppliers or by failures on the part of the Client or their equipment.
4.1 The Client shall submit artwork and/or graphics for use on the Website and ensure that such material is transmitted to the Company prior to the date on which advertising is due to commence
4.2 The Client agrees that the Company may advertise jobs through partner websites that the Company has approved. The Client will advise the Company if they do not wish their jobs to be advertised via third party websites.
4.3 CV Database Access provides customers with access to CVbrowser’s CV database which contains searchable CVs of job seekers. CV Database Access is for a single (or multiple), specified individual users under the direct control of the Customer to access the CV Database through one unique password for the duration and type as set forth in the Sales Order. The number of views will be specified in the sales order. A CV view occurs when a CV is opened in the CV Database or is emailed or downloaded. Customer agrees to notify CVbrowser promptly after the departure of any person to whom a password was provided and CVbrowser reserves the right to cancel such password and issue a replacement password, upon notification to Customer. CVbrowser reserves the right periodically to change issued passwords upon notification to Customer.
If additional users (other than named CV Database contacts) are accessing the CV Database, then such sharing will be a breach of this Agreement. If the Client shares access details with persons outside of their respective employment or Company than this is a breach of this agreement. Should this occur then the Client is liable to pay retrospectively for incremental CV Database Access based on the current charge of a new Client accessing the CV Database. An invoice will be issued and will be subject to the standard payment terms.
Customer agrees that it will use the CV database to search for candidates for specific live jobs with matching profiles and will not offer them any other services. The CV Database may also not be used to source candidates generally or to contact job seekers or CV holders in relation to any home-based business opportunities, fee-based business opportunities, contractor services or franchise opportunities. Any use for this will need to be specified upfront by a Client and agreed with CVbrowser. Should the Client not specify this usage then the Client will be in breach of agreement and the contract (or “Sales Order”) cancelled immediately with no refund paid.
5.1 The Client hereby agrees to indemnify the Company in respect of any or all claims in connection with this Agreement but specifically in respect of all liabilities the Company may incur arising out of the Client’s advertisements and in particular as a result of the publication of any defamatory statements or statements that discriminate in respect of race, religion, sex, age or disability.
5.2 The Client undertakes to indemnify the Company against any claims arising out of misuse of information supplied to the Client by the Company. The Company accepts no liability for any claim, loss or damage howsoever arising as a result of any material or information transmitted by a Candidate in respect of the advertisement via the System or otherwise.
5.3 The Company accepts no liability for any delay, costs, expenses, loss or damage arising from the failure of the Company to provide advertising services.
5.4 The Company shall accept no liability for accuracy of the text contained within banner advertisements and other text displayed on the Website. The Company will however make best efforts to ensure full accuracy of information advertised and make corrections where necessary.
5.5 The Company accepts no liability for loss or damage due to loss of copy artwork or other materials sent or claimed to have been sent by the Client.
5.6 When artwork is produced or supplied by the company for the client, this may not be reproduced or republished in anyway – including conceptually - without prior permission of the company.
6.1 Any early termination will be at the discretion of the Company. There is no opportunity to cancel an agreement by The Client. An agreement maybe defined as a signed order form, pre-payment, PO Number or email agreement.
6.2 Where the Client breaches any obligation (either contractual or statutory) in relation to this Agreement the Company reserves the right to suspend or terminate this Agreement (including access to the system) forthwith. In such circumstances, the Company accepts no liability for loss or damage caused to the Clients as a result of the termination of this Agreement, but payment is still due.
6.3 Where either party exercises the right to terminate this Agreement in accordance with clause 6.1 or the Company exercises the right to terminate in accordance with clause 6.2, the Client will pay any outstanding fees owing to the Company within 7 days of the final day of Service without any counterclaim or set-off whatsoever.
6.4 Upon termination of this agreement by either party in accordance with clause 6.1, no refund will be due to the client unless at the discretion of the Company.
6.5 Where the Company terminates this Agreement under clause 6.2 the Company will not be obliged to refund to the Client any fees paid to the Company.
7.1 The Company shall render invoices to the Client at monthly intervals detailing charges payable by the Client in respect of advertising services provided by the Company, plus VAT as required by law.
7.2 Invoices are payable within 30 days from the issue date of each invoice unless agreed. Invoices can be issued once an agreement is agreed or as individually determined at the time of booking.
7.3 All charges payable are those specified in the Advertising Agreement.
7.4 Invoices not fully settled by the due date for payment will attract interest at a monthly rate (or part thereof) of 8% above the Bank of England base rate for late payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.
8.1 This contract and all terms and conditions (both express and implied) shall be governed and enforced under English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
8.2 The invalidity or unenforceability for any reason of any part of these terms shall not prejudice or affect the validity or enforceability of the remainder.