1
Definition
The following expressions shall have the following meanings:
1.1
“Agreement” means the contract between the Company and the Jobseeker for the provision of the Services incorporating these Terms and Conditions and, where the Services also include the downloading of data to a mobile device, the Workango App Terms of Use;
1.2
“Application” means the software provided by the Company entitled “Workango App”;
1.3
“Company” means Workango Ltd c/o Advantage Accounts whose registered office is at The Techno Centre, Coventry University Technology Park, Puma Way, Coventry, CV1 2TT;
1.4
“Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other Intellectual Property Right recognised in any part of the world whether or not presently existing or applied for;
1.5
“Jobseeker” means any person, company or firm who uses the Services provided by the Company to search for job opportunities;
1.6
“Price” is the amount payable by the Recruiter to the Company for the provision of the Services;
1.7
“Recruiter” means the customer responsible for all or any Recruiter Content;
1.8
“Recruiter Content” means all or any part of the content or materials (including job advertisement particulars) supplied or made available by the Recruiter in connection with the Services;
1.9
“Services” means all products available for use on the website; for example, inter alia: provision of website space for displaying job advertisements;
1.10
“Terms and Conditions” means these terms and conditions as set out in this document, which may be changed from time to time by the Company without notice;
1.11
“Website” means www.workango.co.uk.
2
General
2.1
Estos Términos y Condiciones se aplicarán al Acuerdo para el suministro de los Servicios por parte de la Compañía al Reclutador y reemplazarán cualquier otra documentación o comunicación entre las partes.
2.2
Nada en estos Términos y Condiciones perjudicará ninguna condición o garantía, expresa o implícita, o cualquier remedio legal al que la Compañía tenga derecho en relación con los Servicios, en virtud de cualquier estatuto, ley o reglamento.
2.3
De vez en cuando, la Compañía puede describir a un Reclutador como un Empleador y la definición seguirá siendo la cláusula 1.7.
2.4
De vez en cuando, la Compañía puede describir el Contenido del reclutador como Contenido del empleador y la definición seguirá siendo la cláusula 1.8
3
Services and Delivery
3.1
The Company will use its reasonable endeavours to ensure that the Services provided are as described on the Company’s Website and Application software.
3.2
The Company shall be deemed to have fully satisfied its obligations under the Agreement and shall accept no liability whatsoever where it can be demonstrated that the Company has satisfied its requirements as described in Clause 3.1.
3.3
The Company will use its reasonable endeavours to ensure continuous availability of the Website and all the Services available on it but accepts no responsibility for the consequences of interruptions, delays or errors however caused. The Company may alter the design and specification of the Website at any time.
3.4
The Company shall be entitled to temporarily suspend or alter the operation of the Website for legal or technical reasons.
3.5
Time for delivery shall not be of the essence of the Agreement and the Company shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Services.
3.6
The Recruiter may request the removal of Recruiter Content from the Website before the end of any agreed duration but shall not be entitled to any refund.
3.7
“Recruiter Content” means all or any part of the content or materials (including job advertisement particulars) supplied or made available by the Recruiter in connection with the Services;
4
Price and Payments
4.1
The Price(s) and duration(s) for posting Recruiter Content onto the Website will be clearly shown at the time of posting. Fees are quoted in Pounds Sterling and they may be liable to change from time to time at the Company’s discretion. The Company will notify the Recruiter of any Price changes by advertising the same on the Website. The Company may choose to have promotional events on the Website and such events may have a different Price. This different Price will be advertised on the Website.
4.2
Any discounts agreed are confidential and may not be disclosed by the Recruiter.
4.3
Recruiter Content posted onto the Website shall be live for 7 days, 14 days or 1 calendar month as specified at the time of posting. Any extension of the specified time shall be charged to the Recruiter as a new posting.
4.4
The Price(s) excludes VAT which shall be applied at the rate applicable in accordance with prevailing legislation.
4.5
The Recruiter acknowledges and accepts that unless the Company commits a material breach of contract, the Price(s) payable is non-refundable.
4.6
The Recruiter must make an advanced payment of the Price in full in order to receive the benefit of the Services.
5
Recruiter Obligations
5.1
The Recruiter shall be deemed to have read, understood and agreed to the Website Terms and Conditions of Use (http://workango.com/terms-of-use/) and the Privacy Policy (http://workango.com/privacy-policy/).
5.2
The Recruiter acknowledges that the Company is not responsible for any Recruiter Content and that accordingly it is a matter for the Recruiter to satisfy themselves as to the suitability of, and identity of, any Jobseeker.
5.3
The Recruiter undertakes and warrants that its use of the Services and all Recruiter Content (including, without limitation, job advertisements) comply with all applicable laws and codes of practice and shall not be defamatory, discriminatory or otherwise objectionable and shall not infringe any copyright, trade mark or other rights of any third party.
5.4
The Recruiter shall ensure that the Recruiter Content shall:
5.4.1
Be accurate, honest and truthful;
5.4.2
Not contain unnecessarily repeated words or phrases intended to cause a false positioning in the search results seen by a Jobseeker;
5.4.3
Not contain links away from the Website to any other website or any third party.
5.4.4
Not promote any ‘get rich quick’, pyramid selling or network marketing opportunities or similar.
5.4.5
Not seek to charge the Jobseeker for any application or application process.
5.5
El contenido del reclutador que parece discriminar por motivos de sexo, raza o discapacidad es ilegal y puede dar lugar a procedimientos tanto contra el reclutador como contra el editor. El Contenido del reclutador es aceptado por el sitio web de la Compañía sobre la base de que el Reclutador confirma que cualquier requisito o calificación que parezca discriminar ilegalmente cumple con cualquier exención disponible bajo la legislación pertinente. Sin perjuicio de esta confirmación, si la Compañía, no obstante, cree que un anuncio puede ser discriminatorio, la Compañía puede, a su discreción, modificar el anuncio o eliminarlo del sitio web sin responsabilidad ante el Reclutador para hacer un reembolso de las cantidades pagadas o por pagar con respecto a de la publicación o de otra manera e informará al reclutador en consecuencia.
5.6
The Recruiter agrees to deal fairly and professionally with Jobseekers who may respond to Recruiter Content and not do anything which may bring the Website into disrepute. The Recruiter will indemnify the Company from and against any claim brought by a Jobseeker against the Website arising from the Recruiter’s breach of this obligation or any other of these terms and conditions.
5.7
Any requests for information relating to Jobseeker applications that have been made should be addressed to the Jobseeker directly
6
Company Obligations
6.1
The Company shall perform the Services with reasonable skill and care and to a reasonable standard.
6.2
The Company shall take all reasonable steps to avoid mistakes when providing the Services but shall incur no liability should errors be found.
7
“Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, right to extract or exploit information from a database, database rights, know-how, confidential information or process, any application for any of the above, and any other Intellectual Property Right recognised in any part of the world whether or not presently existing or applied for;
7.1
The Recruiter shall not distribute any Intellectual Property Rights belonging to the Company to any third party.
7.2
The Recruiter warrants that any material belonging to the Recruiter and its use by the Company for the purpose of providing the Services will not infringe the copyright or other rights of any third party, and the Recruiter shall indemnify the Company against any loss, damages, costs, expenses or other claims arising from any such infringement.
8
Termination
8.1
The Agreement shall continue until the Services have been provided in accordance with these Terms and Conditions.
8.2
The Company may terminate the Agreement with immediate effect by notice in writing to the Recruiter.
8.3
Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
9
Termination
9.1
The Company shall not be liable under any circumstances to the Recruiter or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Recruiter howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9.2
Nothing in these Terms and Conditions shall exclude or limit the liability of the Company for death or personal injury, however the Company shall not be liable for any direct loss or damage suffered by the Recruiter howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
9.3
La Compañía no tiene la responsabilidad de verificar la identidad de cualquier Solicitante de empleo o verificar la idoneidad de cualquier Solicitante de empleo para cualquier vacante de trabajo.
9.4
The Company does not guarantee any response to the Recruiter’s Content or that responses will be from individuals suitable for the job advertised. It is the Recruiter’s responsibility to carry out such checks and procedures as are necessary to ensure that Jobseekers are suitable for the job advertised and have the required qualifications and personal characteristics.
9.5
The Company does not accept liability for loss of any Recruiter Content.
9.6
The Company’s liability in respect of any failure to perform the Services shall be limited to the re-performance of the relevant part of the Services as far as is practicable.
9.7
The total liability of the Company to the Recruiter in respect of any loss or damage under or in connection with the Contract shall not exceed the aggregate amount of Fees paid by the Recruiter in the twelve months immediately preceding the incurring of such loss or damage.
10
Indemnity
The Recruiter shall indemnify the Company against all claims, costs and expenses which the Company may incur and which arise directly or indirectly from the Recruiter’s breach of any of its obligations under these Terms and Conditions.
11
Force Majeure
The Company shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Company shall be entitled to a reasonable extension of time to fulfil its obligations.
12
Assignment
The Recruiter shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Company.
13
Third Party Rights
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
14
Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
15
Notices
Any notice to be given by either party to the other may be served by email, fax, SMS, personal service or by post to the address of the other party as such party may from time to time have communicated to the other in writing, and if sent by electronic medium shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
16
Entire Agreement
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
17
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
