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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 the United Kingdom (together the "Website"); and
    2. any services offered by us on those websites to users located in the United Kingdom (including (i) in respect of individual users, job searching, establishing contact with employers, headhunters and recruiters via messaging on the Website, providing market overviews and access to headhunters and recruiters; and (ii) in respect of employers, recruiters and headhunters prior to becoming members (see Clause 1.3)) (the "Website Services").
  2. References to the Website include the Website Services unless otherwise stated.
  3. If you are a headhunter, recruiter or employer then when you become a Member these terms will cease and our Recruiting terms will apply. Please click here for our terms and conditions for Experteer Recruiting.
  4. 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).
  5. 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 a user located in the United Kingdom.
  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);

    Privacy Policy;

    Our Liability to You (clause 10);

    Experteer Benchmark Disclaimer (clause 11);

    Membership Benefits;

    and

    Fees.

  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 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 9SQ.
  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 a resident of 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 your own personal use). 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.
  3. 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.
  4. You agree that you are responsible for the security and use of any user names or passwords provided to or by you to access or use the Website. You agree to take all reasonable steps to keep such 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).
  5. 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.
  6. 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 IPRs 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;
    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; or
    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.
4 Your 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 (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. If you submit photographs to the Website in order to be published as part of your profile, these photographs must be up-to-date and allow identification of the relevant user. In particular, the entire face must be visible.
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 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.
  3. The fees for our different membership packages can be viewed by clicking here. All fees shown on the Website are in pounds sterling and are inclusive of Value Added Tax ("VAT") at the relevant rate.
  4. 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. To become a Premium Member, you can click here or on the upgrade link. 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 buttons.
  3. 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).
  4. 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).
  5. 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.
  6. 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.
  7. If you have already subscribed for Premium Membership and you have provided us with direct debit details then we will automatically renew your Membership during the last day of the subscription term which is about to lapse. If you do not want to renew your Membership then you must notify us in writing before the date of renewal. You will only be entitled to a refund if you cancel within 7 working days of renewal (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 or in part 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.
  3. You may cancel your Membership at any time by simply clicking on the link "Cancel Subscription" 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 cancel your Premium Membership at any time by informing 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. 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 ("IPR").
  2. Subject to Clause 8.4, if any IPR vests in you, whether by operation of law or otherwise (including but not limited 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 to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.
9 Privacy
  1. We respect your right to privacy and will only use any information you provide to us in accordance with our Privacy Policy which forms part of these Terms.
10 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 £100.00 (one 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. You understand and agree that we have no commercial relationship with the employers advertising the job positions which appear on the Website and that we have no ability to control or determine the course or outcome of a job application.
  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. Nothing in these Terms shall limit our liability for either personal injury or death caused by negligence or for fraud.
11 Experteer Benchmark
  1. We try to provide a salary benchmark against the job advertisements on the Website as a guide to the level of salary in that industry segment. We calculate this salary benchmark using our own models which provide indicative results based on the target salaries of market leaders in the relevant industry segment.
  2. The salary benchmark does not state the actual remuneration paid for the position on offer or reflect the actual salaries offered or normally paid by any company offering that position.
  3. We provide the salary benchmark in good faith but we give no warranty or representation that the benchmark is a reflection of the actual remuneration for the position on offer. The actual remuneration for any job will depend on other factors (such as by way of example your negotiation skills, employee performance and professional experience, the size and location of the company).
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.
  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.