This legal notice implies to the entire contents of this website under the domain name www.smartrecruitonline.com (Website) and to any correspondence by email between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms do not use this Website. This notice is issued by Smart Recruit Online Limited, Talon House, Presley Way, Crownhill, Milton Keynes MK8 0ES (registered in England and Wales under Company number 07643777 (the “Company”).
1 Introduction: 1.1 You may access some areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register. You may not access this website nor are you granted any license under clause 2 if you are employed or engaged by a recruitment agency other than the Company.
1.2 By accessing any part of this Website you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full you must leave this Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the current legal notice because it is binding on you. Certain provisions of this legal notice may be replaced by other terms of notices located on particular pages at this Website.
2 Licenses: 2.1 You are permitted to print and download extracts from this Website for your own personal use on the following basis:
(a) No documents or related graphics on this Website are modified in any way; and
(b) No graphics on this Website are used separately from accompanying text; and
(c) The Company’s copyright and trade mark notices and this permission notice appearing in all copies; and
(d) The extracts are not used for any commercial purposes.
2.2 Unless otherwise stated the copyright and other intellectual rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licence source. Any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1 no part of this Website may be reproduced or stored in any other Website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3 Service Provision: 3.1 The Company makes no warranty that
3.1.1 The service provided on this Website (the “Service”) will be uninterrupted, timely secure, virus free or error free;
3.1.2 The service will meet your requirements;
3.1.3 Any errors in the service will be corrected.
3.1.4 The Smart Recruit Online service may not be supported for old versions of IT systems, hardware or software
3.2 The Company offers no warranty or assurance as to the accuracy of information contained within the Website. In particular, whilst reasonable care is taken to ensure that job vacancies advertised are not out of date the Company makes no warranty that job vacancies advertised are still available nor that the details of such vacancies are correct.
4.2 You are prohibited from posting or transmitting to or from this Website any material
4.2.1 that is threatening, defamatory, obscene, seditious, offensive, pornographic, abuse, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
4.2.2 for which you have not obtained all necessary licences and/or approvals; or
4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liabilities, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or
4.2.4 Which is technically harmful (including without limitation computer viruses. logic bonds, trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You shall not copy or adapt the HTML or other code used in this Website nor attempt to decide for decompiled, disassemble or reverse engineer any of the software making up this Website or by any other method of, misuse this Website.
4.4 The Company shall fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of these terms and conditions.
5 Links to and from other Websites 5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links you leave the Website. The Company has not reviewed all these third party websites and does not control and is not responsible for these websites or their content or availability. The Company does not endorse or make any representations about them or any material found on them or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website you do so entirely at your own risk.
6 Registrations 6.1 Each registration for an employer or job seeker is for a single user only. The Company does not permit employers or job seekers to share their user name and password with any other person nor with multiple users on a network.
6.2 Employers who use our website may be issued with a password for each employee who has access or one password for all relevant employees to use. The Company does not permit employers to share the password with any other business.
6.3 Responsibility for the security of any password issued rest with you.
7 Disclaimers 7.1 Whilst the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this website. The Company may make changes to the material on this Website or to the services and prices described in it at any time without notice. The material on this Website may be out of date and the Company makes no commitment to update such material.
7.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly to the maximum extent permitted by law the Company provides you with this Website on the basis that the Company excludes all representation, warranties, conditions and other terms (including without limitation the conditions implied by law of satisfactory quality, fitness for purpose and use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
7.3 Advertising purchased via the Smart Recruit Service is not covered by any conditions within this agreement. Smart Recruit Online acts as a media reseller and subsequently when purchasing media, acts on behalf of the client. Smart Recruit Online cannot be held responsible for either technical or operational issues associated with the provision of advertising services. Once purchased, advertising packages are non refundable.
8 Liabilities 8.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
8.2 Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) Fraud; or
(c) Misrepresentation as to a fundamental matter; or
(d) Any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs of those matters.
9 Governing Law and Jurisdiction 9.1 This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
10 When you upload, submit, store, send or receive data to or through our services you give Smart Recruit Online (and those we work with) a worldwide license to use, host, store, reproduce, modify, communicate, publish and distribute this data in order for us to maintain our level of service to you. This licence continues even if you decide to close your account
Date of issue: 2011
This is the smartrecruitonline.com website. Your use of this website is subject to the following terms and conditions, which you are deemed to accept each time you use the website.
“we” means Smart Recruit Online Limited, and “our” shall be construed accordingly. “you” means the person firm company or organisation browsing and/or using the smartrecruitonline.com website, and “your” shall be construed accordingly. “Smart Recruit Online Corporate Family” means all companies connected with us. A company is connected with us if it is: (i) a subsidiary or holding company of us; (ii) controlled by the same person(s) who control us or our holding company; (iii) a subsidiary or holding company of any company in (i) or (ii) above; or (iv) in the same group as any company under (i), (ii) or (iii) above. “Subsidiary” and “holding company” shall be as defined in section 1159 of the Companies Act 2006. The term “control” shall have the same meaning as defined in Section 416 of the Income and Corporation Taxes Act 1988. Two companies are in the same group if they share the same ultimate holding company.
Interruptions and Omissions in Service Whilst we try to ensure that the standard of this website remains high and to maintain the continuity of it, the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any on-going obligation or responsibility to operate this website (or any particular part of it) or to provide the service offered on this website. We may vary the specification of this site from time to time without notice.
Links to other Sites On this site you will be offered automatic links to other sites which we hope will be of interest to you. We do not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites is entirely at your own risk.
Information on this Site Whilst we make every effort to ensure that the information on this site is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on this site or any liability in respect of information on this site supplied by you, any other site user or any other person.
Your Use of this Site You may only use this Site for lawful purposes when seeking employment or help with your career or when recruiting staff. You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Site.
You are solely responsible for any information submitted by you to this site. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trade mark or other intellectual property rights of any person in any jurisdiction. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to this site. We reserve the right to remove any information supplied by you from the website at our sole discretion, at any time and for any reason without being required to give any explanation.
Information Submitted by You We will and/or the Smart Recruit Online Corporate Family will use information supplied by you (including, without limitation, sensitive personal data) to aid the recruitment process and associated administrative functions. This involves us and/or the Smart Recruit Online Corporate Family, amongst other things, processing and storing information (including, without limitation, sensitive personal data) and passing or making available online such information to prospective employers and clients; information about vacancies and placements will be passed to candidates and may be posted directly onto the website. We use third parties to help us process your information as part of the recruitment process. We may collect and aggregate data from the information supplied by you to help us to understand our users as a group so that we can provide you with a better service. We may also share aggregate information with selected third parties, without disclosing individual names or identifying information. You consent to us and the Smart Recruit Online Corporate Family using information provided by you (including, without limitation, sensitive personal data) in each of these ways.
Please note that all Third Party recruitment agencies have agreed to our Terms and Conditions and should they be found to be in breach of the Terms and Conditions, they will be prevented from using our services. Further details of our client terms and conditions see above.
Transfer outside the EEA: Personal information comprising your CV may be accessed through the smartrecruitonline.com database by third parties outside the Economic European Area (“EEA”). This could happen for instance if you apply for a vacancy where the employer is based outside the EEA. By registering and using the Smart Recruit Online website, you consent to this transfer.
Terms of Business Each employment assignment or placement arising as a result of an introduction made by Smart Recruit Online will be subject to our standard Terms of Business as they are applicable in the circumstances. All prospective employers and clients for whom we arrange assignments or placements will be provided with a copy of the Terms of Business applicable to them at or following registration. Separate terms and conditions also apply to the use of our Recruiter site.
Content Rights The rights in material on this site are protected by international copyright, software and trademark laws and you agree to use this site in a way which does not infringe these rights. You may copy material on this site for your own private or domestic purposes, but no copying for any commercial or business use is permitted.
Security and Passwords In order to register with this site and to sign in when you visit the site, you will need to use a user name and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.
Termination We may terminate your registration and/or deny you access to the site or any part of it (including any services, goods or information available on or through the site) at any time in our absolute discretion and without any explanation or notification.
Liability We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the site and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to this website and your use of it to the maximum extent permitted by law.
You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this site.
You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of this site.
Choice of Law and Jurisdiction The use of this website and any agreements entered into through this website are to be governed by and construed in accordance with English law. The courts of England are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of this website or any agreement made through this website.
Some of the goods or services offered through this website may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom. If you attempt to order, receive, purchase or otherwise benefit from any such goods or services, we do not accept any liability for any losses suffered by you in using this website which you would not have suffered had you been accessing this website as a United Kingdom resident (including as a result of us being prevented from dealing with any application or enquiry by any law, regulation or other ruling applicable in any country).
Changes to Terms and Conditions and Invalidity These website terms and conditions may be changed by us at any time. You will be deemed to accept the terms and conditions (as amended) when you next use this site following any amendment.
If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
This relates to 3rd party agency recruiters who have been invited to provide recruitment services to users of the Smart Recruit Online service, via the agency portal.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, including to users who have registered with us.
When using our site, you must comply with the provisions of our acceptable use policy which is set out below.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Please note any of the material on our site may be out of date at any given time, and whilst we will aim to update it we are under no obligation to do so.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Contracts for the supply of online recruitment services formed through our site or as a result of visits made by you are governed by our Terms of Business for Employers and Terms of Business for Recruiters (as applicable). Contracts that are agreed directly between 3rd party agency suppliers and SRO clients using the site, can by agreement, supersede any standard terms of business generated automatically by the site (as applicable).
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy detailed below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site about any candidates will be treated as confidential and will not be disclosed to third parties, other than the client, without your consent. Any material you upload to our site about you will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose unless you state that such information is confidential and is not in the public domain in which case we will not disclose such information without your consent. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy set out below.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You may link to our home page, or another page on our site if we give our consent for you to do so, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy below.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
This acceptable use policy sets out additional terms upon which you may access our site.
You may use our site only for lawful purposes. You may not use our site:
You also agree:
We may from time to time provide interactive services on our site, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must not:
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
By choosing to use the Smart Recruit Online service, you commit to treat everyone; regardless of race, religion, national origin, ethnicity, disability, sex, gender identity, sexual orientation or age; with respect, and without judgment or bias. If we become aware in any breaches in this condition, your account will be suspended immediately until a resolution has been reached. If found to be in breach of these conditions, SRO may take the decision to terminate your account indefinitely.
If you have any concerns about material which appears on our site, please contact us via the website or you can call on 01908 268368.
Smart Recruit Online Limited
Company Number 07643777 – Registered in the UK.