Terms & Conditions
These terms and conditions apply to the entire contents of www.jobhonesty.com and the websites associated services (together the “Website”). These terms and conditions are issued by www.jobhonesty.com (“Job Honesty”).
The terms and conditions along with the Privacy Policy and Community Guidelines (the “Terms of Service” and/or “TOS”) apply to all:
a) users, members, subscribers, customers and person who visits and use the Website; and
b) community team and any person holding a similar position of responsibility as may be identified by Job Honesty from time to time (the “Moderators”); (collectively or individually the “Users”).
PLEASE READ THESE TERMS CAREFULLY.
Using the Website indicates that you accept the Terms regardless of whether or not you choose to register with us. If you do not accept the Terms, do not use the Website.
1 INTRODUCTION
1.1 By accessing any part of the Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave the Website immediately.
1.2 When using the Website, you will be subject to any additional posted guidelines or rules including (but not limited to), the “Community Guidelines” or any further guidance (which has been approved by Job Honesty) posted on the Website from time to time by a Moderator relating to a specific activity or feature (together the “Guidelines”). All such Guidelines are incorporated by reference into these Terms.
1.3 Job Honesty reserves the right to revise these Terms (including the Guidelines) at any time by updating them. You should check the Website from time to time to review the then current Terms, because it is binding on you. Certain provisions of these Terms may be superseded by expressly designated Terms or terms located on particular pages of the Website.
2 OWNERSHIP
2.1 You acknowledge that the Website is owned and operated by Job Honesty. Except as provided in clause 2.2, the copyright and all other intellectual property rights in all material on the Website (including (but not limited to) photographs and graphical images) are owned by Job Honesty or its licensors.
2.2 The copyright and any other intellectual property rights on the database, the design, text, pictures, graphics and the selection and arrangement of them and in all software compilations, coding, source code, software and in all documents and/or other material on the Web Site belongs to Job Honesty absolutely or is licensed to Job Honesty.
2.3 Users shall retain ownership rights in the text, messages, chat, files, images, photos, video, sounds, musical works, works of authorship or any other materials that they from time to time post or transmit to the Website (the “User-Generated Content”). Any User-Generated Content you post or transmit to the Website shall be considered non-confidential.
By submitting the User-Generated Content you hereby grant:
2.3.1 Job Honesty a permanent, non-exclusive, assignable, royalty free licence to display, reproduce, distribute and modify your User-Generated Content.
2.3.2 to all other Users a non-exclusive licence to display, reproduce or perform (if applicable) your User-Generated Content solely as necessary for such User to participate in the relevant Website activity or functionality.
3 USER-GENERATED CONTENT AND CONDUCT
3.1 Any use of the User-Generated Content by Users other than for private, non-commercial research or study is strictly prohibited.
3.2 You are prohibited from posting or transmitting to or from the Website any material:
3.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
3.2.2 for which you have not obtained all necessary licences and/or approvals; or
3.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
3.2.4 which is technically harmful (including (but not limited to) computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data. (together “Inappropriate User-Generated Content”)
3.3 Job Honesty shall fully co-operate with any law enforcement authorities or court order requesting or directing Job Honesty to disclose or identify or locate anyone posting any Inappropriate User-Generated Content.
3.4 Job Honesty accepts no responsibility for actively monitoring any forums contained in the Website for Inappropriate User-Generated Content. You agree that Job Honesty accept no liability whatsoever if Job Honesty so chooses from time to time to edit, restrict or remove the User-Generated Content.
4 PROHIBITED USE OF THE WEBSITE
4.1 No part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Job Honesty’s prior written consent.
4.2 You agree that you will not:
4.2.1 use the Website for any purpose that is unlawful (including (but not limited to) by hacking) or prohibited by these Terms;
4.2.2 use the Website in such a manner as would, in the sole discretion of Job Honesty, cause harm to the Website or other Users or otherwise interfere with the enjoyment of the Website;
4.2.3 harass, abuse, bully, threaten or defraud another User;
4.2.4 use any robot, spider, scraper or other automated means to access the Website for any purpose;
4.2.5 attempt to gain authorised access to the Website through hacking, password mining or any other means; or
4.2.6 interfere or attempt to interfere with the proper working of the Website.
5 LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. Job Honesty has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Job Honesty therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
5.2 If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, any page of the Website, and subject to the following conditions:
5.2.1 you do not remove, distort or otherwise alter the size or appearance of Job Honesty logo;
5.2.2 you do not in any way imply that Job Honesty is endorsing any products or services other than its own;
5.2.3 you do not misrepresent your relationship with Job Honesty nor present any other false information about Job Honesty;
5.2.4 you do not otherwise use Job Honesty mark displayed on the Website without express written permission from Job Honesty;
5.2.5 you do not link from a website that you do not have the necessary authority or permission to link from; and
5.2.6 the website you are linking from does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of Job Honesty or any other person or otherwise does not comply with all applicable laws and regulations.
5.3 Job Honesty expressly reserves the right to revoke the right granted in the clauses contained in this document for breach of these Terms and to take any action it deems appropriate.
5.4 You shall fully indemnify Job Honesty for any loss or damage suffered by Job Honesty or any of its group companies for breach of the clauses contained within this document.
6 REGISTRATION
6.1 The Website is not available for any person under the age of 16 or to any registered member banned, suspended or removed from the Website.
6.2 Each registration for a membership is for a single user only. Job Honesty does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.3 Responsibility for the security of your password(s) rests with you.
6.4 At any time, and without cause, we may cancel or terminate your access to your membership account at any time in our sole discretion.
7 SERVICE ACCESS AND MODIFICATIONS
7.1 While Job Honesty endeavours to ensure that the Website is normally available 24 hours a day, Job Honesty shall not be liable if for any reason the Website is unavailable at any time or for any period.
7.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Job Honesty’s control.
7.3 We reserve the right at any time and from time to time to modify or discontinue, You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Service.
8 DISCLAIMER
8.1 We shall use Our reasonable endeavours to ensure the security of Our Website. We shall have no Liability where the security of Our Web Site is breached due to acts and/or omissions by You and/or where We have taken all reasonable steps to protect the security and integrity of the Web Site.
8.2 We shall use Our reasonable endeavours to monitor the material on Our Website and to ensure that any material that is immoral, unlawful, threatening, abusive, defamatory, obscene, vulgar, profane and/or causes offence is removed from Our Website upon receipt of notice of any such material.
8.3 Any postings on the Website contain the questions, views, opinions and/or advice of -You and are not Ours.
8.4 We shall have no liability to You for any (including but not limited to):
8.4.1 direct, indirect, incidental, consequential losses or damages;
8.4.2 loss of profits and/or damage to goodwill;
8.4.3 use or inability to Use the Service;
8.4.4 loss of and/or corruption of data or other intangible loss;
8.4.5 transmission of virus and/or any other harmful code;
8.4.6 damages, loss of data due to the network provider failure;
8.4.7 damage to your computer, loss of data resulting to the download of anything from Our Website, be it from the result of software viruses, mail bombs, Trojan horses or any other computer code, files or programs designed to interrupt, damage, corrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8.4.8 conduct of any third party
8.5 We have zero total Liability to You in relation to any usage or connection to do with Our Website or any activity carried out by Job Honesty or its users.
8.6 Nothing in these TOS shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which we are not permitted to exclude or limit as a matter of law.
8.7 Nothing in this Contract shall exclude any of Your Statutory Rights as a consumer.
8.8 YOU FURTHERMORE ACKOWLEDGE THAT:
8.8.1 THE USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY DESCRIPTION AND QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS.
8.9 WE MAKE NO WARRANTIES THAT:
8.9.1 THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;
8.9.2 THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
8.9.3 ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
8.9.4 Job Honesty does not warrant the accuracy and completeness of the material on the Website (including the User-Generated Content). Job Honesty may make changes to the material on the Website (including User-Generated Content), or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Job Honesty makes no commitment to update such material.
8.9.5 The material on the Website (including the User-Generated Content) is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Job Honesty provides you with the Website on the basis that Job Honesty excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law) which, but for these Terms, might have effect in relation to the Website (including the User-Generated Content).
9 LIABILITY
9.1 Job Honesty, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of Job Honesty’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 the Website (including the User-Generated Content) in any way or in connection with the use, inability to use or the results of use of the Website (including the User-Generated Content), any websites linked to the 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 the Website (including the User-Generated Content) or your downloading of any material from the Website (including the User-Generated Content) or any websites linked to the Website.
9.2 Nothing in these Terms shall exclude or limit Job Honesty’s liability for:
9.2.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
9.2.2 fraud; or
9.2.3 misrepresentation as to a fundamental matter; or
9.2.4 any liability which cannot be excluded or limited under applicable law.
9.3 If your use of material on the Website (including the User-Generated Content) results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
YOU AGREE TO INDEMNIFY AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, COSTS, CLAIMS OR DAMAGES OF WHATSOEVER NATURE, FEES, MADE BY ANY THIRD PARTY DUE TO YOUR USAGE OF OUR WEBSITE, INCLUDING BUT NOT LIMITED TO POSTS OR WHAT YOU TRANSMIT THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
10 GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with English Law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the English courts.
11 TERMINATION
11.1 We may terminate this Agreement immediately if You at any time:
11.1.1 breach the TOS; and/or
11.1.2 are suspected and/or found to be guilty of plagiarism or infringement of copyright in relation to any material provided by Us to You.
11.2 Either party may terminate this Agreement for any reason
11.2.1 for Us by giving you a 7 day written notice