PrimeMploy's Terms and Conditions for Jobseekers
Jobseeker Terms and Conditions
1.1. In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:-
Any Advertisement displayed on the site by any employer;
A Jobseeker who applies for a vacancy advertised on the site;
An Application made by a Jobseeker to a vacancy advertised in an advertisement;
A Jobseeker who applies for a vacancy advertised in any advertisement;
A person who uses the Site for the purpose of finding employment;
The party or person who advertises jobs or uses the site for recruitment reasons;
These Standard Terms and Conditions;
The curriculum vitae or brief outline details of a Jobseeker's education, training, skills and employment experience which is provided to primeMploy by a Jobseeker for distribution to Clients with a view to securing employment;
PrimeMploy Jobsboard - a division of PrimePartners.
A personalised page of the Site where a Client may access their own personal details and a range of other services;
The process a Jobseeker completes in order to receive the services;
The Services which primeMploy has agreed to provide to the Jobseeker and the Services which are available on the Site for use by Jobseekers;
The service agreement entered into between the Jobseeker and primeMploy;
The Site at www.primemploy.co.uk or any other website operated and maintained by primeMploy from time to time;
1.2 In these Conditions:
1.2.1. References to any statute or statutory provision shall, unless the context otherwise requires be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
1.2.2. References to the masculine include the feminine and the neuter and the singular include the plural and vice versa as the context admits or requires;
1.2.3. Words importing persons include individuals, bodies corporate and unincorporate; and
1.2.4. Headings will not affect their construction.
2.1. These Conditions to the exclusion of all previous terms and conditions issued by primeMploy shall apply to any Jobseeker who uses PrimeMploy after the date on which these Conditions were posted on the Site.
2.2. These Conditions are deemed to be fully read, understood and accepted by the Jobseeker upon acceptance of these Conditions during Registration;
2.3. No variation or alteration to these Conditions or any representations about the Services shall have any effect unless expressly agreed and confirmed in writing by a director of PrimeMploy.
3.1. PrimeMploy does not act an employment Agent or employment Business on behalf of any Jobseeker or other user of the Site and any such relationship is expressly denied.
3.2. PrimeMploy does not make any representation whatsoever about any Advertisement accessed either on, by virtue of or by way of any links from the Site, nor about any of the Employer. PrimeMploy relies on information provided to it by Employers and via third parties and accordingly it is a matter for the Jobseeker to satisfy their self as to the suitability of any Advertisement found directly or indirectly through the Site.
3.3. PrimeMploy shall be entitled at anytime without notifying the Jobseeker to make changes to the Services which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided
3.4. Any intellectual property, ideas, concepts, know-how or techniques developed by PrimeMploy or obtained during the execution of the Services will be owned exclusively by PrimeMploy.
3.5. PrimeMploy shall not be responsible for any failure to provide the Services, or unavailability of the Site, as a result of circumstances beyond its reasonable control.
3.6. The Jobseeker accepts that PrimeMploy shall not be liable for any failure to provide the Services (or any part thereof) as a result of the Jobseeker's failure to comply with these Conditions.
3.7. The Jobseeker agrees to provide primeMploy, in such a format as PrimeMploy may request, any information necessary to enable primeMploy to provide those Services.
3.8 PrimeMploy shall not be obliged to provide those Services until the Jobseeker has supplied it with the information, necessary to provide those Services.
If the Jobseeker has saved their details and stored a CV on primeMploy, the provisions of this clause 4 shall apply thereto.
4.1. The Services are subject to any instructions from a Jobseeker that his or her details should or should not be made available to the Client and PrimeMploy will only make available or supply copies of the CVs which have been received by it for distribution to Clients of PrimeMploy solely for the purpose of securing suitable employment for the Jobseeker.
4.2. The CV Online service will (under normal circumstances) be available to the Client at all times and will allow the Employer access to all distributable CVs on the Site.
4.3. PrimeMploy cannot guarantee the minimum number of times a CV will be viewed by or distributed to Employers on any given day.
4.4. PrimeMploy will (under normal circumstances) ensure that CVs are made searchable online within one hour of receipt of the CV from a Jobseeker via CV Online.
4.5. PrimeMploy may, at its discretion and without notice, report improper or illegal use of CVs or the Services by the Jobseeker to any clients.
4.6. PrimeMploy has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Jobseeker information or CV accepted by it.
4.7. PrimeMploy may refuse, withdraw, or require to be amended, any Jobseeker information or CV which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon primeMploy or the Jobseeker or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
4.8. The Jobseeker hereby undertakes that:
4.8.1 The details and CV they store and save on PrimeMploy are a true and accurate reflection of their education, employment, training history and that their personal details are correct;
4.8.2 If any of the information stored and saved on PrimeMploy for the purposes of securing employment is found to be false or inaccurate in any way, that PrimeMploy reserves the right to remove those details and/or suspend the use of the Services on the Site for the Jobseeker;
4.8.3 In respect of any information or CV submitted by the Jobseeker which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Jobseeker has obtained the authority of such living person to make use of such name, representation and/or copy;
If the Jobseeker makes an Application or is required to complete an Application Form as part of an Application, the provisions of this clause 5 shall apply thereto:
5.1. The Jobseeker hereby undertakes that:
5.1.1. They have fully read and understood the requirements of a vacancy Advertisement on the Site to which they make an Application;
5.1.2. They have the appropriate skills and qualifications required by the Client and the necessary qualifications required by law;
5.1.3. They satisfy or will attend to the necessary immigration requirements of the country in which the position will be situated;
5.1.4. The details they provide to the Client as part of an Application or in an Application Form are a true and accurate reflection of their education, employment, training history and that their personal details are correct;
5.1.5. That if any of the information used in an Application or application form is found to be false or inaccurate in any way, that PrimeMploy reserves the right to remove those details and/or suspend the use of the Services on the Site for the Jobseeker;
5.1.6. In respect of any information submitted during the Application by the Jobseeker which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, the Jobseeker has obtained the authority of such living person to make use of such name, representation and/or copy.
5.2. PrimeMploy has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Application accepted by it.
5.3. PrimeMploy may refuse, withdraw, or require to be amended, any Application which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon PrimeMploy or the Jobseeker or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
5.4. When a Jobseeker makes an Application through the Site, primeMploy will pass the Jobseeker's details to the Client who placed the Advertisement for the purpose of that one Application only.
5.5. The Jobseeker accepts that primeMploy cannot be held responsible for the content of Advertisements on the Site and that no obligations are imposed on PrimeMploy in this regard.
6.1. The Jobseeker agrees that:
6.1.1. They have understood and agreed to the Data Protection Statement on the Site;
6.1.2. They will keep confidential and not disclose to any person the password used by them in relation to the Services;
6.1.3. They will be responsible for any misuse of all such passwords.
7.1. PrimeMploy will not be liable (whether in contract or tort) for:
7.1.1. Any loss of copy, artwork, photographs, data, CVs or other materials that the Jobseeker supplies to PrimeMploy and the Jobseeker shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
7.1.2. Any mistakes or errors whatsoever that arise during the course of use of the Services or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Jobseeker;
7.1.3. For any failure to secure employment or consequential loss (whether caused by the negligence of PrimeMploy, its employees or agents);
7.1.4. Any delay, costs, expense, loss, damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption, loss or removal of data) howsoever caused arising from any matter beyond the reasonable control of PrimeMploy or as a result of the acts or omissions of the Jobseeker;
7.1.5. Any loss or damage whatsoever howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, or the wrongful disclosure of confidential information by, any Client. It is for the Jobseeker to satisfy itself as to the integrity and reliability of all vacancy Advertisements placed on the Site;
7.1.6. Any breach of agreement or infringement or violation of any right of any person or be rendered liable to any proceedings whatsoever, as a result of any information or CV or Application submitted to it by the Jobseeker and the Jobseeker indemnifies primeMploy against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by PrimeMploy as a result of this undertaking and warranty being incorrect.
7.2 Nothing in these Conditions will restrict or exclude PrimeMploy's liability for death or personal injury caused by its own negligence.
7.3 The Jobseeker agrees and acknowledges that no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of PrimeMploy in respect of or in connection with the Services and accordingly the Jobseeker confirms that it has not, in accepting these Conditions, relied on any condition, warranty or representation by PrimeMploy or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services. The benefit of any such condition, warranty or representation by primeMploy is hereby irrevocably and unconditionally waived by the Jobseeker.
8.1 These Conditions apply unless replaced by subsequent Conditions or unless terminated under Clause 8.2 of these Conditions.
8.2. Either party may, at its sole discretion, terminate the provision of the Services to the Jobseeker at any time by notice in writing to the other party (the "Defaulting Party") if the Defaulting Party is in breach of these Conditions and fails to remedy such breach within 14 days of notice from the other party requiring it to be remedied.
8.3. The Jobseeker shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by PrimeMploy arising out of the Jobseeker's breach of its obligations under these Conditions (including, without limitation, on a solicitor and own client basis, any legal fees and disbursements reasonably incurred by PrimeMploy).
9.1. Notice required or permitted to be given under these Conditions shall:
9.1.1. be in writing addressed to that other party at its registered office or principal place of business or such other relevant address as may at the relevant time have been notified pursuant to this provision to the other party giving the notice; or
9.1.2. Be in the form of an email addressed to primeMploy at firstname.lastname@example.org (or such other address as supplied by PrimeMploy) or if to the Jobseeker, to the address provided in the Jobseeker's details submitted during Registration or as subsequently amended and the Jobseeker will be deemed to have received such notification within one hour of transmission.
9.2. The Jobseeker is responsible for notifying PrimeMploy of any changes to its email address. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to PrimeMploy by email.
10.1. If any provision of these Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
10.2. Any waiver by primeMploy of any breach of, or any default under, any provision of these Conditions by the Jobseeker will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions.
10.3. Failure or delay by primeMploy in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under these Conditions.
10.4. The parties to these Conditions do not intend that any clause of these Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
11.1. These Conditions and any contract, into which these Conditions are incorporated, shall be governed by and construed in accordance with English law and the parties submit to the non exclusive jurisdiction of the English courts: