TERMS & CONDITIONS FOR THE JOBSEEKERS SECTION OF THE WEBSITE
PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS OUT THE TERMS UNDER WHICH HILL-LYONS ASSOCIATES LTD OFFERS YOU USE OF ITS SERVICES AS DEFINED IN CLAUSE 1.1 OF THIS AGREEMENT BY MEANS OF [WWW.FORTHVALLEYJOBS.CO.UK] (THE "WEBSITE").
BY USING ANY OF THE SERVICES AND / OR THE WEBSITE YOU AGREE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS AND THAT THEY SHALL APPLY TO YOUR USE. IF YOU DO NOT WISH TO BE BOUND BY THEM, PLEASE DO NOT REGISTER FOR OR USE THIS WEBSITE.
This Agreement is made between you and Hill-Lyons Associates Ltd, whose registered office is Unit 3 Gateway Business Park, Beancross Road, Grangemouth, Stirlingshire, FK3 8WX.
1. The Services
1.1 By means of the Website, Hill-Lyons Associates makes available an on-line recruitment and employment information service, where recruiters place advertisements for positions, which they have, and if interested you may submit responses to such positions.
1.2 Please note that when responding to recruiters you will be dealing with them directly and as such any contracts and / or arrangements will be formed between you and them, without Hill-Lyons Associates as a party and Hill-Lyons Associates cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
1.3 The Services are only available on the completion of the registration section of the Website.
2. Use of the Website and the Services
The Website and the Services are for personal and non-commercial use only. You may copy electronically and print portions of the Website and / or the Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on or by any Site and / or the Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Website and / or the Services (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of Hill-Lyons Associates is strictly prohibited. You also agree not to deep-link and / or frame the Website or any of the Services for any purpose, unless specifically authorised by Hill-Lyons Associates to do so.
2.1 You agree that:
(a) You shall not use the Website or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm Hill-Lyons Associates computer systems or any third party computer system; and
(b) you will keep your passwords relevant to the Website and / or the Services secure and not let them become public knowledge.
2.2 By registering to use the Services pursuant to clause (1.3), you automatically and hereby grant to Hill-Lyons Associates a royalty free right to display, make available on the Website and otherwise deal with as necessary to provide to you the Services any material which you may provide to Hill-Lyons Associates through your use of the Services.
2.3 The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material in the Website and / or the Services is owned by Hill-Lyons Associates and / or its respective licensors.
2.4 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Website and / or the Services or their contents (including, without limitation, any views or comment made). All information and / or data included in and / or on the Website, the Services and / or in any directory or other listings or information retrieval service made available on or by the Website and / or the Services has been so made available for guidance only. Your use of such information and / or data is therefore entirely at your own risk. All liability of Hill-Lyons Associates, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Website and / or the Services is expressly excluded to the fullest extent permitted by law.
2.5 Hill-Lyons Associates make no warranty that the contents of any and all e-mails communicated through The Site are free from infection by viruses or anything else, which has contaminating, or destructive properties and shall have no liability in respect thereof.
2.6 The Website and / or the Services may include links to Website(s) and / or services owned and / or operated by third parties. These are provided for your convenience only and Hill-Lyons Associates is not responsible for and does not give any warranties or make any representations regarding any such Website(s) and / or services and is not responsible for or liable in relation to the content or your use of such Website(s) (save to the extent required by law)
2.7 In view of the vast flow of information transmitted by an Internet service provider and / or Website operator (as applicable) each day, it is not technically possible nor economically feasible to monitor all materials that pass through its system (including, without limitation, all views and / or comments therein). Hill-Lyons Associates believes that the onus for ensuring that material presented on the Internet is legal rests with the original content provider, and we will not limit access to material unless notified that it is illegal. Notwithstanding, Hill-Lyons Associates shall have the right to remove any items it believes may be illegal.
2.8 Hill-Lyons Associates will not be a party to any communications whatsoever between you and those responding to any use which you may make of the Services, although Hill-Lyons Associates reserves the right (but not the obligation) to monitor any such communications which are made by means of the Website and / or the Services. Notwithstanding the foregoing, Hill-Lyons Associates excludes insofar as it is possible to do so in law all liability to you concerning such communications and your dealings with third parties.
2.9 The provisions in our Privacy Policy on Data Protection and Use of Personal Information apply in respect of your use of the Website and / or the Services.
3. Availability and Security of the Website and the Service
3.1 Due to the nature of the Internet, Hill-Lyons Associates does not promise full and error free operation of the Website and / or the Services at all times. All liability of Hill-Lyons Associates, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website and / or the Services is excluded, insofar as it is possible to do so in law.
3.2 Hill-Lyons Associates shall use reasonable endeavours to ensure that the Website, the Services and any information it holds on you are kept secure. However, due to the nature of the Internet, Hill-Lyons Associates cannot accept any liability for those who intentionally attempt to and / or gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that Hill-Lyons Associates is unable to exclude such liability by law).
4. Registration
Where you are asked to complete a Hill-Lyons Associates registration form the personal details that you provide must be true, accurate and complete.
5. Payment
The Website and the Services are currently made available without charge to you by Hill-Lyons Associates. However, you are responsible for all telephone charges necessary to access and use the Website and the Services, which are made available.
6. Termination
Hill-Lyons Associates may permanently terminate your access to the Services immediately for any reason.
7. Claims
Where a claim is brought against Hill-Lyons Associates by a third party in relation to your use of the Website and / or the Services you agree to fully reimburse Hill-Lyons Associates and all companies within the Hill-Lyons Associates group for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by Hill-Lyons Associates or companies within the Hill-Lyons Associates group in or as a consequence of your breach of this Agreement and / or your use of the Website and / or Services (except in cases where a court of competent jurisdiction holds that such a claim arose due to an act or omission of Hill-Lyons Associates).
8. Force Majeure
Neither party shall be liable to the other, for any loss or damage, which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure.
9. Notices
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after despatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.
10. Assignment
10.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Hill-Lyons Associates prior written consent.
10.2 Hill-Lyons Associates reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as Hill-Lyons Associates or other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Website.
11. No Waiver
Failure by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
12. Variation of Terms
12.1 This Agreement (together with any variations to it pursuant to clause 12.2) constitutes the entire agreement between the parties in respect of its subject matter.
12.2 Hill-Lyons associates reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted on the home pages of the Website. Changes in this manner shall be deemed to have been accepted if you continue to use the Website and / or the Services after a period of two weeks from the date of transmission of the e-mail or of posting on the home pages of the Website, whichever occurs later.
13. Law and Jurisdiction
Where the Website and / or the Services are accessed from England or Wales, or from outside the United Kingdom this Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts. Where the Website and / or the Services are accessed from Scotland or Northern Ireland this Agreement shall be governed by the laws of Scotland or Northern Ireland respectively and you hereby submit to the exclusive jurisdiction of the Scottish courts or the courts of Northern Ireland respectively.