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Recruiting Terms and Conditions

1 General
  1. The following terms and conditions ("Terms") apply to
    1. your use of (i) this website (www.experteer.co.uk); and (ii) each other website operated by Experteer GmbH (or any other member of Experteer GmbH's group) from time to time which is accessed by you from or for the purposes of conducting business in the United Kingdom (together the "Website"); and
    2. any services offered by us on those websites to business users located in the United Kingdom (including, in respect of headhunters and recruiters, posting of job advertisements, providing market news and access to user data) (the "Website Services").
  2. References to the Website include the Website Services unless otherwise stated.
  3. These Terms should be read alongside our privacy policy (accessible online at “Privacy Policy”). The Privacy Policy forms part of these Terms (see Clause 9).
  4. In the event of any conflict between (i) these Terms and (ii) any terms applicable to the use of any other Experteer website, these terms shall prevail in respect of use of the Website by you targeted at the United Kingdom.
  5. You agree and acknowledge that any use by you of the Website targeted at locations outside the United Kingdom may be subject to additional terms imposed by the relevant local Experteer website and/or local laws.
  6. Please read these Terms carefully and print a copy for your future reference. By using the Website, you agree that you have read, understood and agree to these Terms and the Privacy Policy (each as amended from time to time). In particular, you agree that you have read and understood the following:

    Your use of the Website (clause 3)

    Your Advertisements and Content (clause 4)

    Privacy Policy;

    Applicant Database (clause 10)

    Our Liability to You (clause 11)

    Membership Details

  7. If you do not agree to these Terms, you must stop using the Website immediately.
2 About Experteer
  1. These Terms are a legal document between you (being the relevant business entity using the Website) and Experteer GmbH (referred to in these Terms as “we”, or “us”). Experteer GmbH acts through its branch in the United Kingdom, whose registered number is BR009789 and whose registered office is at 8-14 Crinan Street, London N1 8SQ.
  2. Should you have any questions about these Terms or wish to contact us for any reason whatsoever, please use the appropriate contact details set out below:

    Post: 4 Crinan Street, London N1 9XW
    Telephone: +44 207 014 4181
    E-mail: info@experteer.co.uk
3 Your use of the Website
  1. By using the Website, you confirm that you are aged 18 or over and you are using this Website as a representative of a business entity operating in the United Kingdom. If you are not, you must not use this Website.
  2. You are permitted to download and print content from the Website solely for contacting user members with recruitment material appropriate to their Website profiles and correspondence selections. You must not make contact with users except through the "Contact Request" option on the Website unless or until the user has explicitly consented to contact from you by confirming your request for direct contact within the "Contact Request" process or otherwise in accordance with any applicable data protection legislation.
  3. Website content must not be copied or reproduced, used or otherwise dealt with for any other reason. You are not entitled to modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of the Website for commercial exploitation in any circumstances.
  4. You must supply a valid e-mail address in order to be able to use the Website. If at any point your e-mail address is or becomes invalid, we may elect to deny you access to the Website.
  5. You agree that you are responsible for the security and use of any data, user names or passwords provided to or by you to access or use the Website. You agree to take best endeavours to keep such data, user names and passwords confidential and secure, and to prevent any unauthorised person from using them to access or use the Website. We shall treat all information and instructions transmitted through the Website using your user name and/or password as transmitted and authorised by you. You take full responsibility for all information and instructions transmitted through the Website using your user name and/or password (and you agree that we shall be entitled to rely on or act on any such information or instruction).
  6. You agree to take all reasonable steps to keep e-mails and other messages or information received from us or in connection with using the Website confidential and secure, and not to disclose such e-mails, messages or information to third parties without our consent.
  7. You agree that you will not (and will not permit any other person to):
    1. use the Website to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene or otherwise use the Website for any unlawful activity or purpose;
    2. use the Website to infringe or make any unauthorised use of any other person's intellectual property rights or in a way that breaches any obligation of confidentiality by which you are bound;
    3. use the Website for sending unsolicited advertisements or promotional material (except that you shall be permitted to contact user members with job advertisements and other promotional material where the relevant user member has consented to such contact in accordance with applicable data protection laws following initial contact through our "Contact Request" mechanism (and then provided that (i) such contact is not excessive and (ii) contact relates to job advertisement(s) which are appropriate to the relevant user member));
    4. use the Website to send or distribute multiple unsolicited emails or messages or to cause any other person annoyance, inconvenience or worry;
    5. use or attempt to use any software, engine, or any other means to navigate or search the Website other than the navigation tools and search facilities available on the Website and generally available third party browsers;
    6. carry out any activities in relation to “screen scraping” or “database scraping” (or similar) to obtain lists of users, URLs, internet keywords or other information from the Website;
    7. access the Website by any means other than through the interface we provide for use in accessing the Website;
    8. use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to computer software or hardware or telecommunications equipment used by the Website;
    9. do anything which imposes an unreasonable or disproportionately large load on the Website's infrastructure;
    10. create profiles for third parties or use the Website to impersonate someone else, misrepresent your or any third party's identity or affiliation with another person or organisation or deceive any person;
    11. interfere with or disrupt the Website servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
    12. collect or store personal data about other users of this Website (whether or not for commercial purpose) without their consent in accordance with applicable data protection laws; or
    13. use the Website and/or the Website Services (including access to our applicant database) for any purposes other than to prepare the ground for a service or employment relationship in relation to actual available jobs.
  8. If you are an employer or acting on behalf of an employer (other than in the course of your business as a recruiter or headhunter), you agree that you will not access or seek access of the applicant database.
4 Your Advertisements and Content
  1. You agree that you are solely responsible for any material you create or provide in using the Website, including but not limited to any material you create or provide in using the Website Services and any material you submit for publication or use in connection with the Website or any Website Service (such as by way of example job advertisements and messages sent to applicants) (together the 'User Generated Content').
  2. Although we check profiles for compliance with these Terms, we shall have no obligation to monitor User Generated Content.
  3. The requirements for posting job advertisements are set out in clause 4.4. If any of your job advertisements do not meet any or all of these requirements and/or you otherwise breach these Terms then we are entitled to refuse to post the advertisement and/or to remove any or all of your advertisements from the Website without prior warning. We will notify you following removal of an advertisement or advertisements.
  4. The requirements for posting job advertisements are as follows:
    1. the position to be occupied has to be one with a gross salary starting at £50,000 and
    2. the content of the job advertisements must be:
      1. true and accurate;
      2. complete, free from defects and in our opinion suitable both technically and in terms of content for the Website; and
      3. exclusively used to prepare the ground for a specific service or employment relationship.
  5. You agree that you will release and indemnify us and our affiliates against all liabilities arising out of or in connection with any claims that arise against us in any way as a result of:
    1. publishing your User Generated Content on the Website;
    2. your introduction of or failure to introduce a user to an employer or your employment or recruitment of a user (as the case may be).
  6. We are not responsible for any delays caused by your User Generated Content irrespective of whether these delays are of a content-related or technical nature.
  7. Once you submit a job advertisement to us for publication, there may be a period of delay before your job is posted on the Website while we verify compliance of the advertisement with these Terms. You can view the current status of your job postings at any time through the link in your account.
  8. We post advertisements within media campaigns through various different channels (such as by way of example print media and publication on the platforms of our co-operation partners). As a Member you can participate in our media campaigns as one of our partners. In order to receive this free optional service you must opt-in by ticking the box within your account details. If you elect to receive this service then we may but are not obliged to use your advertisements in any or all channels used in these media campaigns.
  9. We will only return documentation provided by you for the generation of advertisements on specific written request but in any event we will not be obliged to retain such documentation for more than three (3) months after the relevant advertisement has been removed from the Website.
  10. You may amend, deactivate or delete your job postings at any time. Following an amendment, the job advertisement is rendered inactive and not displayed in the job database. Only after we have verified the amended advertisement and reactivated it will it be re-published. We are not responsible for any delays caused by the amendment, deactivation or deletion of any advertisement submitted by you.
  11. You agree that we are entitled but not obliged to retain and continue to use the job advertisement after the placement of the job advertisement has ended or after the open job has been filled.
5 Membership
  1. By registering with the Website, you are joining up for the Website Services ("Membership"). You agree that you have read about the benefits and features of our different membership packages by clicking here .
  2. As a Basic Member you will not have full use of the Website although you may enter and change your profile free of charge. You will not be able to access our headhunter network as a Basic Member.
  3. You will only be able to use the Website in full and without any restrictions including without limitation the ability to respond to incoming messages, by becoming a Premium Member ("Premium Member"). Information on how to become a Premium Member (and the terms applicable to Membership are set out in Clause 6.
  4. The fees for Membership can be viewed here. All fees shown on the Website are in pounds sterling and are inclusive of Value Added Tax ("VAT") at the relevant rate.
  5. We reserve the right to alter our fees at any time. However, we use reasonable endeavours to keep the fees published on the Website up-to-date. If you are already a Premium Member then we will communicate any change in fees to you ahead of the due date for your next payment. You may cancel your Membership at any time (please see Clause 7 for information on your cancellation rights).
6 Premium Membership
  1. We will be under no obligation to provide you with Premium Membership until we have received payment for those services in cleared funds.
  2. If you are a Premium Member, you will receive 10 "Answer Vouchers" per month which you can give to candidates who are Basic Members so that they can answer your contact request. If you do not use all 10 vouchers in one month the unused vouchers will automatically be carried over into the following month in addition to the 10 vouchers for that month. If you cancel your Premium Mebership you can still use any unused accumulated vouchers. We reserve the right to stop the provision of vouchers at any time.
  3. To become a Premium Member, you can click here or on the upgrade links. You can then proceed to pay for the Premium Membership by clicking the buttons labelled "Upgrade Now" or "Become a Premium Member now" or similarly labelled.
  4. When you click the “Upgrade Now” or "Become a Premium Member now" or similar buttons, you will be asked to provide various information necessary to process your order and so that you can become a Premium Member. You can provide this information by filling in the fields requested on the screen. All highlighted fields must be completed. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy Policy (see Clause 9).
  5. By clicking on the "Pay Now" button, you are offering to purchase Premium Membership, an offer which we may choose to accept or refuse – it does not represent a legally binding contract. Your offer is accepted by us and becomes binding only when we expressly confirm your order in writing (either by e-mail or otherwise).
  6. During the "Upgrade" process you will be asked to complete your payment details. All highlighted fields must be completed. We accept most major credit and debit cards or direct debit authorisations.
  7. All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will cancel your order for Premium Membership and notify you in writing (which may include e-mail) that we have done so.
  8. If you have already subscribed for Premium Membership then we will automatically renew your Membership during the last day of the subscription term which is about to lapse. You can cancel your subscription at any time by simply clicking on the link "Cancel Subscription". You will only be entitled to a refund if you cancel your Membership within 7 working days of the renewal date (see Clause 7.5).
7 Termination of Website use and cancellation of Membership
  1. We reserve the right to suspend your use of the Website at any time for operational, regulatory, legal or other reasons. If you violate these Terms, we may in our sole discretion cancel your Membership or Premium Membership, block access by you to the Website and/or delete your entry in full at any time. In case of doubt, we are entitled to make the final decision on the permissibility of the usage in question.
  2. If we do block your access, delete your entry or cancel your Membership or Premium Membership as a result of violation of these Terms, you will not receive any refund of any fees already paid and we will be entitled to charge you a processing fee of £20 (twenty pounds sterling).
  3. You may cancel your Membership at any time and cease to use the Website but you will not be entitled to receive a refund for any fees paid to us except as set out in Clause 7.5 below.
  4. Within a reasonable time of cancellation of Membership, we will delete all data pertaining to the user except to the extent that we are required by law to retain such data or as is reasonable to handle any remaining user queries.
  5. You may for any reason cancel your Premium Membership at any time by notifying us in writing. Where you cancel your Premium Membership within 7 working days of receiving confirmation of your Premium Membership from us or within 7 working days of the date of renewal of your subscription we will refund any money paid by you for that upgrade or renewal in full. Any refunds given will be made to the debit or credit account provided when you became a Premium Member.
8 Intellectual property rights
  1. Subject to Clause 8.5, as between you and us, we own all present and future copyright, registered and unregistered trade marks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website and each Website Service ("IPR"). For the avoidance of doubt you will retain all rights in your User Generated Content.
  2. If any IPR vests in you, whether by operation of law or otherwise (except in relation to the User Generated Content), you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Website.
  3. You agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR described in this Clause 8 to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.
  4. You hereby grant us a non-exclusive, sub-licensable, transferable, irrevocable, worldwide, perpetual, royalty-free right and licence to use any User Generated Content in the Website and in the course of providing the Website Services. You warrant that you are authorised to provide such a licence.
  5. Each party retains ownership of its respective names, trademarks (whether registered or unregistered), service marks, logos and brands. You may not make any use of our names, trademarks, service marks, logos or brands without our consent. You hereby grant us a non-exclusive, sub-licensable, transferable, irrevocable, worldwide, perpetual, royalty-free right and licence to use any of your names, trademarks, service marks, logos or brands on the Website and in the course of providing the Website Services including in any User Generated Content. You warrant that you are authorised to provide such a licence.
9 Privacy
  1. We respect our users' rights to privacy and will only use any personal data provided to us in accordance with our Privacy Policy which forms part of these Terms.
  2. You agree that you will:
    1. respect and comply with the uses of data set out in our Privacy Policy;
    2. where requested by a user or by us on behalf of a user, you will immediately stop sending communications to that user and/or cease to use their data; and/or
    3. co-operate with us and provide any information and/or materials that we request in relation to data access requests.
10 Applicant database
  1. You shall only use the applicant database for internal business use. You must not pass any information on the Website or provided in the course of the Website Services to third parties unless the applicant to whom the information relates has specifically agreed that you may do so and in accordance with applicable data protection laws.
  2. You must not access our applicant database on behalf of any companies in competition with us, whether to solicit our users or otherwise.
  3. Even if you see CVs or personal data of a user, you will not use this data to send communications or for any other purpose other than requesting contact with the user through us. You may only send an initial contact message to job searchers through the "Contact Request" mechanism provided within a user profile on the Website. You may only send further contact messages whether through the Website or otherwise if the job searcher specifically consents to such messages and in accordance with applicable data protection laws.
  4. You warrant that you will comply with all applicable data protection laws. If you use any data in breach of these Terms and/or in breach of any data protection laws or guidance, we will be entitled to terminate your use of the Website and your Membership and/or stop the provision of any and all Website Services without issuing prior warning. You will be notified of such a measure without delay. Furthermore, we will co-operate as we consider reasonable with any relevant user(s) in respect of any breach of applicable data protection laws.
11 Our liability to you
  1. If a court of competent jurisdiction deems us to have any liability to you in relation to this Website in contract, tort (including negligence) or otherwise, our entire liability shall be limited to £300.00 (three hundred pounds sterling) in the aggregate.
  2. We shall not be liable to you in contract, tort, negligence (other than for fraudulent or negligent misrepresentation) or otherwise for:
    1. any economic loss, (including without limitation, loss of revenue, business, contracts, profits, opportunity or anticipated savings);
    2. any loss of goodwill or reputation;
    3. any loss of data;
    4. any loss arising from your use of any third party websites to which the Website provides links or your entry of an employment contract; or
    5. any special, indirect or consequential loss.
  3. Whilst we provide referrals to third party job advertisements, we cannot guarantee successful job applications or placements. We are therefore not liable in situations where a job advertisement is withdrawn or amended or where a successful job placement is not achieved.
  4. We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.
  5. We provide the content on the Website in good faith but give no warranty or representation that the content is sufficient, accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and such use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them.
  6. Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website or those networks will be uninterrupted or error free and disclaim all liability in respect thereof.
  7. This Website may contain links to other websites. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from or to this Website, or any use of personal data by such third party. You must read the terms and conditions applicable to the relevant third party website before choosing to continue to use that site.
  8. We reserve the right to suspend your use of the Website at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Website and your Membership with immediate effect if you breach any of these Terms. In such event you will not be entitled to a refund of any fees paid except pursuant to Clause 7.5.
  9. Based on the current state of technology, we cannot entirely rule out the possibility of User Generated Content published on our Internet pages also being copied, linked, framed and/or published by other internet providers. We try to put in place measures to prevent copying, linking and/or framing. You shall provide us with all required declarations of consent that may become necessary to prevent such actions. We are not liable for any unauthorised linking and/or framing which occurs despite the measures which we put in place to prevent copying, linking and/or framing.
  10. othing in these Terms shall limit our liability for either personal injury or death caused by negligence or fraud.
12 Amendments to these Terms
  1. We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements without notice to you except as described in Clause 5.4. Any updates or amendments will be posted on the Website. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
  2. These Terms were last updated in January 2008.
13 Other important terms
  1. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall remain in full force and effect.
  2. Only you and we shall be entitled to enforce these Terms. No third party shall be entitled to enforce any of these Terms, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise except that any data subject shall be able to enforce Clauses 9 and 10 against you directly.
  3. These Terms set out the entire agreement between you and us and, except in relation to fraud, supersede any and all prior terms, conditions, warranties and/or representations. Any delay or failure by us to exercise any right we may have under these Terms shall not constitute a waiver by us of that right.
  4. You may not assign or sub-contract any of your rights or obligations under these Terms to any third party unless we agree in writing.
  5. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
  6. No relaxation or delay by us in exercising any right or remedy under these Terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
  7. These Terms are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the English courts.