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Terms and Conditions

Terms and Conditions for Candidates

Please read these terms and conditions and privacy policy carefully -
they contain important information about your rights and obligations.

1

Introduction

1.1Please read these terms and conditions and privacy policy carefully before using this Website operated by Clario Limited ("our", "we" or "us") accessible via the URL www.greatsocialcare.co.uk (the "Website"). The terms and conditions, privacy statement, disclaimers and payment details and instructions on this Website form the entire agreement (the "Agreement") between us and you the Website user.
1.2In particular we draw your attention to clauses 3 (Vetting), 4 (Liability), 5 (Conditions of Access) and 6 (Information You Provide). Without prejudice to the above, by using or accessing our Website you agree to be legally bound by the Agreement as it applies to your use or access to our Website. If you do not wish to be bound by this Agreement then you may not use our Website and must stop immediately.
1.3This Website is intended to be used by United Kingdom based individuals who are aged 18 or over. If you are under 18 you must ask your parent or guardian to read and accept this Agreement on your behalf. If you are outside the United Kingdom and use this Website you must do so in compliance with this Agreement and we accept no liability so far as we are able for breaches of any local laws in your jurisdiction and by accepting this Agreement you acknowledge that it is your responsibility to ensure that any such laws are complied with.

2

Nature of Our Website

2.1Our Website is designed so that both those looking for a job ("Candidates", "you") and those person(s) or organisations with whom contact is made or who use our Website seeking to fill a vacant position ("Recruiters") in the social work, care and social housing sectors can be brought together.
2.2Candidates who register on the Website can search the Website and will receive notification by e-mail of jobs that match their specific job type specification (the "Service(s)").

3

Vetting

3.1We have not vetted, interviewed or carried out any background checks of any kind on any of the Recruiters who post positions on this Website and for the avoidance of doubt we do not make any representation or give any warranty for the accuracy or fitness for purpose of any information on this Service and the use made of any information provided by you passed to Recruiters and we accept no liability whatsoever, to the fullest extent permitted by applicable law, in respect of your employment with a Recruiter deemed suitable by you. If you have any concerns then these must be dealt with directly between you and the Recruiter.
3.2We do not carry out any checks on you and these will be undertaken by the Recruiters if they decide to employ you. It is unlawful for you to live and work in the United Kingdom without the correct permissions. We accept no liability for Candidates who do not hold relevant work visas or residency status.

4

Liability

4.1We will do our best to ensure that all materials, questions and information published on our Website are accurate. However, you acknowledge that we are reliant on the information provided by Candidates and Recruiters and have no independent means of verifying the accuracy of this information and do not check its authenticity.
4.2You therefore agree to indemnify us against all costs, claims, demands or expenses incurred or made by us as a result of a breach of this Agreement by you or howsoever arising.
4.3All materials and information on our Website are provided on an 'as is' basis. We exclude implied terms, conditions, warranties, representations or endorsements whatsoever so far as we are able with regard to any material posted on this Website by Candidates or Recruiters or any information or service provided through our Website.
4.4We accept no liability for any indirect or consequential loss or damage, or any loss of data, loss of profit, revenue or business whether direct or indirect in each case, however caused, even if foreseeable to the fullest extent permitted by applicable law. In circumstances where you suffer loss or damage arising out of or in connection with a viewing, use or performance of the Services or the materials shown on this Website, we accept no liability for this loss or damage, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or on our servants, agents or any other person or entity.
4.5If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Services in the year in which such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or from fraudulent misrepresentation.
4.6You are responsible for ensuring that your computer system meets all relevant computer specifications necessary to use the Service and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for down-loading from the on-line servers will be free from infection, viruses or other code with contaminating or other destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
4.7The limitations and exclusions in this condition do not affect your non excludable statutory rights and can be applied to the extent permitted by applicable law.

5

Conditions of Access to the On-line Service

5.1Access to the e-mail service offered on our Website is dependent upon your registration being accepted by us. You must complete the form accurately and include all required relevant information. If we are notified by any source that any information you have supplied is false then we will remove your information from the Website and notify any relevant authorities which we deem suitable. We may terminate or suspend your use of the Services at any time acting in our sole discretion if you are found in breach of any of these terms and conditions.
5.2You must ensure that your password (if issued) is kept confidential and must not allow any other third party to use your password. If we have reasonable grounds to suspect that you have breached this sub-clause we may change your password or suspend your access to the Services.

6

Information You Provide

6.1The following applies to any information you provide to us, for example during any registration or ordering.
6.2You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Services. Information collected by us shall be referred to in these terms and conditions as, "Personal Information".
6.3You agree that upon completion and submission of the application form all Personal Information you have provided will be forwarded directly to the relevant Recruiters that you select. By accepting this Agreement, you agree to the processing and disclosure of the Personal Information for the purposes stated in the privacy policy. You also agree that any such use may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our Website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email us from the contact page on the Website or modify the Personal Information on-line.
6.4You must ensure that the Personal Information you provide is accurate and complete and that all contact details contain your correct name, address and other request details.
6.5For more information about how we deal with your Personal Information, please read our privacy statement.
6.6We have the right to monitor any information provided by you and may edit, reject or remove such information if we believe it is offensive or objectionable in any way and you warrant that the information you provide is not libellous or in any way unlawful, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate.

7

Availability of Our Website

7.1The internet is an unreliable medium and may not always work and is outside our control. We will try to make our Website available but cannot guarantee that our Website will operate continuously without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connected device. We do not accept any liability for loss of data or interruption to the service caused by the breakdown, error, loss of power or otherwise caused by or to your computer system.

8

Copyright Monitoring

8.1The contents of the on-line service are protected by international copyright laws and other intellectual property rights. The owner of these rights is Clario Limited, its affiliates and other third party licensors. All products and company names and logos contained within our Website or the on-line service are the trade marks, service marks or trading names of their respective owners, including us.

9

Linked Websites

9.1We make no representations whatsoever in relation to any other websites which you may access through our Website. When you access any other website you understand that it is independent from our Website and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or for the use of, such a website and we shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external links should be directed to its website administrator or webmaster.

10

General

10.1We may assign, transfer, novate or subcontract any or all of our rights and obligations under this Agreement at any time.
10.2We may alter this Agreement from time to time and post a new version on our Website, following which all use of our Website will be governed by that version. You must check the terms and conditions on the Website regularly.
10.3You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages, rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, site disclaimer, payment details and payment method instructions.
10.4If any provision or terms of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever under any applicable jurisdiction such terms or provisions shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
10.5Failure by either party to exercise any right and remedy under this Agreement does not constitute a waiver of that right or remedy.
10.6These terms and conditions do not confer any rights on any third party pursuant to and in accordance with the Contract (Rights of Third Parties) Act 1999.

11

Jurisdiction

11.1The Agreement and the use of our Website are governed by and construed in accordance with the laws of England.
11.2You irrevocably agree for the exclusive benefit of us that the courts of England and Wales shall have jurisdiction to hear and determine any suit action or proceeding and to settle any dispute which may arise out of or in connection with this Agreement and for such purposes you irrevocably submit to the jurisdiction of the courts of England and Wales as regards any claim, dispute or matter arising out of or relating to this Agreement or any of the documents to be executed pursuant to this Agreement.
11.3Nothing contained in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction nor shall the taking of any such proceedings in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not (unless precluded by applicable law).
11.4You irrevocably waive any objection which you may have or in the future to the courts of England being nominated for the purposes of this clause on the ground of venue or otherwise and agree not to claim that any such court is not a convenient or appropriate forum.

12

Notices

12.1All notices shall be sent to us in writing addressed to the Managing Director, Clario Limited, 20A Lambourn Road, London, SW4 OLY. We will respond to you by either the email or the postal address you provide during the registration process.
12.2Notice will be deemed received when an email is received in full or else on the next business day if it is received on a weekend or a public holiday in the place of receipt or 3 days after the date of posting.
 August 2003

Terms and Conditions for Recruiters

Please read these terms and conditions, and privacy policy carefully -
they contain important information about your rights and obligations.

1

Introduction

1.1Please read these terms and conditions and privacy policy carefully before using this Website operated by Clario Limited ("our", "we" or "us") accessible via the URL www.greatsocialcare.co.uk (the "Website"). The terms and conditions, privacy statement, disclaimers and payment details and instructions on this Website form the entire agreement (the "Agreement") between us and you the Website user.
1.2In particular we draw your attention in to clauses 3 (Vetting), 4 (Liability), 5 (Payment), 6 (Conditions of Access) and 7 (Content).
1.3Without Prejudice to the above, by using or accessing our Website you agree to be legally bound by the Agreement as it applies to your use or access to our Website. If you do not wish to be bound by this Agreement then you may not use our Website and must stop immediately.

2

Nature of Our Website

2.1Our Website is designed so that both those looking for a job ("Candidates") and those person(s) or organisations with whom contact is made or who use our Web Site seeking to fill a vacant position ("Recruiters", "you") in the social work, care and social housing sectors can be brought together.
2.2Recruiters can either post a one off position ("One Off Posting") on the Website or can set up a Recruiter specific web page which lists all the Recruiters current vacancies so that they can advertise multiple positions ("Multiple Postings"). Together these amount to the on-line advertising service that we provide (the "Service(s)").
2.3This Website is intended to be used by United Kingdom based individuals who are aged 18 or over. If Candidates are under 18 it is your responsibility to check that the Candidate's parent or guardian has consented to the Candidate working for you. If you are outside the United Kingdom and use this Website you must do so in compliance with this Agreement and we accept no liability so far as we are able for breaches of any local laws in your jurisdiction and by accepting this Agreement you acknowledge that it is your responsibility to ensure that any such laws are complied with by both you and the Candidate.

3

Vetting

3.1We have not vetted, interviewed or carried out any background checks of any kind on any of the Candidates who apply for positions posted on this Website to determine whether the Candidate is a suitable applicant for working in the social work, care and social housing sectors. We accept no liability whatsoever in respect of the placement of a Candidate deemed suitable by you to the fullest extent permitted by applicable law.
3.2It is unlawful for a Candidate to work in the United Kingdom without the correct permissions to work and live in the United Kingdom. We accept no liability for Candidates who do not hold relevant work visas or residency status. You warrant and undertake to us that you will carry out all the relevant background checks to confirm that the Candidate has all the appropriate permissions to work in the United Kingdom or the country in question.
3.3Further information on the checks that should be undertaken in the United Kingdom are available from the Criminal Records Bureau Website accessible via www.crb.gov.uk and www.disclosure.gov.uk.

4

Liability

4.1We will do our best to ensure that all materials, questions and information published on our Website are accurate. However, you acknowledge that we are reliant on the information provided by Candidates and Recruiters and have no independent means of verifying the accuracy of this information and do not check its authenticity.
4.2All materials and information on our Website are provided on an 'as is' basis. We exclude implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any material posted on this Website by Candidates or Recruiters or any information or service provided through our Website.
4.3We accept no liability for any indirect or consequential loss or damage, or any loss of data, loss of profit, revenue or business whether direct or indirect in each case, however caused, even if foreseeable to the fullest extent permitted by applicable law. In circumstances where you suffer loss or damage arising out of or in connection with a viewing, use or performance of the Services or the materials shown on this Website, we accept no liability for this loss or damage, whether due to inaccuracy, error, omission or any other cause and whether on the part of us or on our servants, agents or any other person or entity.
4.4If we are liable to you for any reason, our liability will be limited to the amount paid by you for the Services in the year in which such liability arose. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or fraudulent misrepresentation.
4.5You are responsible for ensuring that your computer system meets all relevant computer specifications necessary to use the Service and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for down-loading from the on-line servers will be free from infection, viruses or other code with contaminating or other destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
4.6The limitations and exclusions in this condition do not affect your non excludable statutory rights and can be applied to the extent permitted by applicable law.

5

Payment by Recruiters

5.1To access the on-line service you will need to follow the subscription procedures set out in the Website.
5.2Details of our prices for subscription to the Services and the procedures for payment are displayed on our Website. You must pay in advance either by using the BACS system or by cheque at the time of your subscription request ("Subscription").
5.3Payment is made for either a One Off Posting or a Multiple Posting which covers a minimum of three months access to the Services. Costs and terms of these aspects of the Services are available on request.
5.4You will either make a one off payment or be invoiced at monthly intervals for use of the on-line service depending on your subscription. If your account is suspended any material you have posted on the Website will be disabled. This material includes all material that you have posted on the vacancy listings page, vacancy details, application page and the register page or as defined under clause 7 below.
5.5If your account is suspended we reserve the right to charge a reconnection fee of £30. Upon receipt of the reconnection fee by us your account will be reactivated within one business day or as soon as we are able.
5.6The price of any Subscription is the price in force at the date and time of your order. We may change the price of any Subscription before you place a Subscription request. We try to ensure that our prices displayed on our Website are accurate, but the price on your order will need to be validated by us as part of the acceptance procedure. We will inform you if the subscriptions correct price is higher than that stated in your Subscription request and you may cancel the order and decide whether or not to subscribe to the Services at the correct price. The prices are exclusive of VAT or any other applicable taxes which must be paid in addition by you.
5.7We are entitled to refuse any Subscription placed by you. If your Subscription is accepted, we will confirm acceptance to you by on-line electronic means to the email address you have given on registration. The on-line service will be made available to you via email in your in-box on confirmation.
5.8Your Subscription can be terminated at any time by you upon written notification to us but no refunds will be given without valid cause and subject to your statutory rights. Upon receipt of written notification from you all material posted by you will be removed from the Website up to and including the final date for which the Subscription is paid.
5.9You undertake that all details you provide to us for the purpose of subscribing to the Services will be correct, that the account details, cheque, credit or debit card or any electronic switch (which ever is applicable) you use is your own and there are sufficient funds or credit facilities to cover the cost of any Subscription. We reserve the right to obtain validation of your credit or debit card details before providing you with any Services.

6

Conditions of Access for Recruiters to the Service

6.1Access to the Website is conditional upon registration and payment confirmation.
6.2Registration - you must accurately fill out the on-line registration form with all the relevant requested details.
6.3One off Posting - If your one off payment is accepted we grant you a non-exclusive, non-transferable licence to use the on-line service for 28 days.
6.4Multiple Postings - If your subscription payment is accepted we grant you a non-exclusive, non-transferable licence to use the Multiple Postings service for a minimum of three months and for monthly periods afterwards on the payment of a monthly renewal fee. This licence to use the on-line service is granted on the terms and conditions of this Agreement.
6.5Any access, password and the above licence(s) will automatically terminate at the end of the 28 day or three month period (as applicable) unless renewed.

7

Content Provided by You

7.1Subject to the continued payment of the fees for the use or continued provision of our Services you (where permitted) may add to, edit or delete content on your Recruiter specific web pages on the Website and you are responsible for maintaining, updating and the accuracy of all the material and that which concerns job vacancies posted on the Website ("Content").
7.2You must own or have the right to submit Content for publication on our Web Site and ensure that:
7.2.1it does not infringe the copyright, design, privacy, data protection, trade mark or any other rights of any third party; or
7.2.2is not obscene, abusive, threatening, libellous or defamatory of any person, entity or organisation;
7.2.3is not racist sexist or homophobic; or
7.2.4is not pornographic, obscene, profane or vulgar; or
7.2.5is not abusive, threatening or otherwise likely to be harmful to those persons likely to use the Website; or
7.2.6does not infringe the rights (including the intellectual property right) of any person; or
7.2.7is not related to the conduct of a business; or
7.2.8does not contain html tags or domain names relating to any other company without our prior approval; or
7.2.9is not otherwise offensive in our opinion.
7.3You may not download, store, reproduce, transmit, display, copy, distribute or use the Content other than in accordance with our permission; or
7.4You agree that we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with the above and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate or otherwise does not comply with the above.
7.5We have the right to remove all vacancies older than 28 days whether or not the vacancy has been filled. It is your responsibility to re-post the vacancy if it has not been filled.
7.6We may terminate or suspend your Subscription and use of the Services at any time if you are found in breach of any of these terms or conditions.
7.7You must ensure that you keep your password confidential and must not allow non-subscribers to access the password. If we have reasonable grounds to suspect that you have breached this sub-clause we may change your password or suspend your use of the Services.
7.8We reserve the right to edit, delete or use electronic methods to block or filter any content left on or sent to the Website, including without limitation any Content which contravenes the rules above.
7.9You grant us a non-exclusive, irrevocable royalty free, perpetual, worldwide licence to publish, use, distribute, adapt, modify, display, reproduce and transmit such Content in any and all media in any manner in whole or in part without any duty to account to you except any portion of the Content that is personal information. You have sole responsibility for the Content which you post on the Website and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by you to us or posted directly on the Website.

8

Our Provision of Services to You for Multiple Postings

8.1We may offer technical support during the hours of 9a.m. to 5.00 p.m. Where practicable all assistance will be provided over the telephone. We will not assist where we establish that it is your software or computer systems at fault. Outside of office hours you can contact the number shown on the contact section of the Web Site supplied to you for technical support and we will seek to rectify the problem over the telephone or remotely. If you require on-site assistance then any travelling or other expenses must be agreed.

9

Information Recruiters Provide

9.1The following applies to any information you provide to us, for example, during any registration or ordering.
9.2You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Services. Information collected by us shall be referred to in these terms and conditions as, "Personal Information".
9.3You as a Recruiter are solely responsible in all aspects for all use of Personal Information supplied directly to you by Candidates in the form of applications and curriculum vitaes. You are solely responsible for ensuring that you hold the requisite data protection registrations or equivalent in any applicable jurisdiction and that you fully comply with the Data Protection Act 1998 including without limitation the provision of secure storage and processing for the Personal Information of Candidates.
9.4You must ensure that the Personal Information you provide is accurate and complete and that all ordering or contact details contain your correct name, address and other request details.
9.5For more information about how we deal with your Personal Information, please read our privacy statement.
9.6By accepting this Agreement, you agree to the processing and disclosure of the Personal Information for the purposes stated in the privacy policy. You also agree that any such use may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our Website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email us from the contact page on the Website or modify the Personal Information on-line.

10

Availability of Our Website

10.1The internet is an unreliable medium and may not always work and is outside our control. We will try to make our Website available but cannot guarantee that our Website will operate continuously without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connected device.
10.2We do not accept any liability for loss of data or interruption to the service caused by the breakdown, error, loss of power or otherwise caused by or to your computer system.

11

Copyright Monitoring

11.1The contents of the on-line service are protected by international copyright laws and other intellectual property rights. The owner of these rights is Clario Limited, its affiliates and other third party licensors. All products and company names and logos contained within our Website or the on-line service are the trade marks, service marks or trading names of their respective owners, including us.

12

Linked Websites

12.1We make no representations whatsoever in relation to any other websites which you may access through our Website. When you access any other website you understand that it is independent from our Website and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or for the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external links should be directed to its website administrator or webmaster.

13

General

13.1We may assign, transfer, novate or subcontract any or all of our rights and obligations under this Agreement at any time.
13.2We may alter this Agreement from time to time and post a new version on our Website, following which all use of our Website will be governed by that version. You must check the terms and conditions on the Website regularly.
13.3You acknowledge that you have not entered into this Agreement in reliance upon any warranty or representation made by us or any other person and you waive any rights to damages, rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the terms and conditions, privacy policy, site disclaimer, payment details and payment method instructions.
13.4If any provision or terms of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever under any applicable jurisdiction such terms or provisions shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
13.5Failure by either party to exercise any right and remedy under this Agreement does not constitute a waiver of that right or remedy.
13.6These terms and conditions do not confer any rights on any third party pursuant to and in accordance with the Contract (Rights of Third Parties) Act 1999.

14

Jurisdiction

14.1The Agreement and the use of our Website are governed by and construed in accordance with the laws of England.
14.2You irrevocably agree for the exclusive benefit of us that the courts of England and Wales shall have jurisdiction to hear and determine any suit action or proceeding and to settle any dispute which may arise out of or in connection with this Agreement and for such purposes you irrevocably submit to the jurisdiction of the courts of England and Wales as regards any claim, dispute or matter arising out of or relating to this Agreement or any of the documents to be executed pursuant to this Agreement.
14.3Nothing contained in this clause shall limit our right to take proceedings against you in any other court of competent jurisdiction nor shall the taking of any such proceedings in one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not (unless precluded by applicable law).
14.4You irrevocably waive any objection which you may have or in the future to the courts of England and Wales being nominated for the purposes of this clause on the ground of venue or otherwise and agree not to claim that any such court is not a convenient or appropriate forum.

15

Notices

15.1All notices shall be sent to us in writing addressed to the Managing Director, Clario Limited, 51 Battersea Business Centre, 99-109 Lavender Hill, London, SW11 5QL. We will respond to you by either the email or the postal address you provide during the registration process.
15.2Notice will be deemed received when an email is received in full or else on the next business day if it is received on a weekend or a public holiday in the place of receipt or 3 days after the date of posting.
 April 2008

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