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Advertiser Terms of Business

These Advertiser Terms of Business (together with our Terms and Conditions (available here) to the extent applicable and Cookie and Privacy Policy (available here)) tell you information about us (as defined below) and the legal terms and conditions on which we render any of our services to you.

INFORMATION ABOUT US

The website available at stackjobs.co.uk ("StackJobs”) is operated by StackJobs Ltd (“we”, “our, “us”), a company registered in England and Wales under company number 10101490 with our registered office at 78 Stretton Mansions London SE8 3JP.

REGISTRATION

The details provided by you on registration as a user of the Website are important and must be true, complete and correct. You agree to notify us immediately of any changes which are relevant to your registration by emailing us at contact@stackjobs.co.uk On successful registration and acceptance as a user of the Website, you shall be entitled to use the Website subject to these Advertiser Terms of Business, the Terms and Conditions (available here) and the Cookie and Privacy Policy (available here).

YOUR INFORMATION

We will respect your information and undertake to comply with all applicable UK data protection legislation currently in force. Other than as requested by law or as permitted by these Advertiser Terms of Business, we will not disclose your registration as a user of the Website to any third party without your permission. In order to maintain the integrity of the Website, we reserve the right to forward contact details to any regulatory authorities when requested to do so including the police. We may also forward contact details where a complaint arises concerning your use of the Website and where that use is deemed to be inconsistent with these conditions.

 

OUR OBLIGATION TO YOU

We will use all reasonable endeavours to maintain the Website in a fully operational condition. However, we shall have no liability for any failures in your accessing the Website which are beyond our reasonable control, (including where caused by any software utilised by you). Nor shall we accept liability for any misrepresentations made by users in the content they make available for you to read or download nor for any loss, damage, claim or cost resulting (whether directly or indirectly) from the same. We shall have the right to make any changes to the products and services detailed on your Order which are necessary to comply with any applicable law, safety or other requirement.

YOUR OBLIGATIONS TO US

You agree that you will only use the Website in a manner that is consistent with these Advertiser Terms of Business, the Website Terms and Conditions, the Cookie and Privacy Policy and in any event in such a way as to ensure compliance with all applicable laws and regulations and as we may otherwise direct from time to time (including without limitation with the Data Processing terms below). You will ensure that the terms of the Order contained in the Agreement Form are complete and accurate; and you must co-operate with us in all matters relating to the Website. You agree that you will not and will not attempt to use the Website:

  1. to create a database made up of any of the content of the Website;
  2. to disseminate, display, transmit, distribute or link to any material which is abusive, defamatory, offensive or obscene or of a menacing character or which may, in our judgment, cause annoyance or inconvenience or anxiety to any person or which applauds, encourages or entices abuse, discrimination or criminal activity. You also agree that age, gender, ethnicity or any other such information provided by an applicant will not be used in any employment- related decision;
  3. to gain or seek unauthorised access to other computer systems;
  4. to create a rival offering or website using any content, including user data and CVs, obtained under licence from us, or to direct traffic away from the Website to a website or other offering of your own in a manner not permitted by the Website;
  5. to resell any of the products and services that you purchase from us including, without limitation, any postings or any CV database access to any third party unless we otherwise agree in writing from time to time;
  6. to copy, modify or reverse engineer any part of the Website; or
  7. in such a way that you cause a whole or part of the Website or such services to be interrupted, damaged, rendered less efficient or in any way impaired.

You agree that you and each party under your control will not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, avatars or intelligent agents) to navigate or search the Website (other than the search engine and search agents available from us on the Website) apart from generally available third party web browsers. You agree that you will take full responsibility for the use of the Website made by you and your subcontractors and agents and you accept liability under these Terms of Business for all third party use of the Website permitted by you.

 

DATA PROCESSING OBLIGATIONS

As you will be aware, we have various legal obligations and responsibilities in relation to personal data of which we are a data controller under the Data Protection Act 1998 (“Personal Data”). In the course of using the Website, you will have access to and may be required to process Personal Data on our behalf.

General obligations

  1. You shall process Personal Data only to the extent, and in such a manner, as is necessary for use of the products and services that we are to provide to you under this Agreement, and in accordance with our instructions from time to time, and you shall not process Personal Data for any other purpose nor make the Personal Data available to any third party. You shall comply at all times with the Data Protection Act 1998 (the "DPA"), the Privacy and Electronic Communications Regulations 2003 and all other applicable laws, enactments, regulations, orders, standards and other similar instruments, each as may be amended from time to time.
  2. You acknowledge that for the purposes of the DPA, we shall be a data controller, and you shall be a data processor of any Personal Data which you process as part of your use of the products and services, or to which you otherwise have access. You shall promptly comply with any request from us requiring you to amend, transfer, delete and/or provide to us a copy of any Personal Data held by it, in the format and on the media reasonably specified by us.

Data security

  1. You shall take appropriate technical and organisational measures against unauthorised or unlawful processing, accidental loss or destruction of, or damage to any Personal Data which you may process as a part of your use of the products and services or to which you otherwise have access including any measures which we may specifically require from time to time. You shall promptly inform us if any Personal Data referred to in this clause is lost or destroyed or becomes damaged, corrupted or unusable.

Interaction with Data Subjects

  1. You shall provide us with full co-operation and assistance in relation to any complaint, notice, request or communication relating directly or indirectly to any Personal Data, and shall promptly inform us if any such complaint, notice, request or communication is received by you.
  2. You shall only collect Personal Data from any individual if required to do so as part of your use of the products and services and in the form and/or the manner specified by us from time to time.

Disclosure and Transfers of Personal Data

You shall not, except at our specific written request or as required by law

  1. disclose any Personal Data to any third party (including the data subject) or authorise any third party to process the Personal Data; or
  2. transfer any Personal Data outside the European Economic Area.

You shall restrict disclosure of Personal Data to those of your employees who need access to the Personal Data to use the products and services supplied under this Agreement and then only to the extent so required, and shall ensure such employees have undergone appropriate data protection training and are aware of and comply with these Data Processor Obligations. You shall not sub-contract your obligations in relation to Personal Data, except (i) with our prior written consent; (ii) on written terms which substantially reflect these Data Processor Obligations; and (iii) on condition that you shall be liable for any breach of these Data Processor Obligations by the sub- contractor.

Compliance with these Data Processor Obligations

  1. You agree that you shall, whenever requested by us, provide written confirmation of the steps taken by you to comply with these Data Processor Obligations and (on reasonable notice and within normal working hours) permit us to inspect your systems relating to the processing of Personal Data by you.
  2. You agree to indemnify and keep indemnified us against all costs, claims, damages or expenses incurred by us for which we may become liable (including legal costs) due to any failure by you to or your employees, sub-contractors or agents to comply with any of these Data Processor Obligations.
 

CONFIDENTIALITY

You agree to maintain the confidentiality of the terms of our Agreement, including the price(s) agreed between us and any user information which is provided solely to you, and to keep any negotiations or other information connected in or otherwise related to our Agreement in strict confidence and not to disclose such information to any third party. The disclosure or use of such confidential information by you in violation of the provisions of this clause would cause irreparable injury to us therefore in such an event we, in addition to any other remedies we may have, will be entitled to injunctive relief.

 

LIMITATION OF LIABILITY

You understand and acknowledge that we provide the Website only as a gateway for users to review opportunities in and information about the auditing sector and we do not seek to or have any control (beyond the limited editorial rights pursuant to the Terms) over submissions or their accuracy, quality or truthfulness, nor in respect of any breach of confidence, privacy or defamation contained therein, and nor do we have any involvement in the negotiation or conclusion of any contract of employment arising from any information submitted to the Website.

We shall not be liable to you or to any third party, whether in contract or tort (including negligence), breach of statutory duty or otherwise arising under or in connection with the Agreement, for any loss or damage including loss of profits, sales, business or revenue; loss or corruption of data, information or software loss of business opportunity; loss of anticipated savings; loss of goodwill; or any cost of replacement services or indirect, consequential, incidental or special losses or damages of any kind or nature whatsoever.

Subject to the above, our total liability to you in respect of all losses arising under or in connection with the Agreement whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the aggregate value of any products and/or services purchased from us. To the extent permitted by law, we make no representations, undertakings or warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose or non-infringement with respect to the Website or any of our products or services or any other website or the functionality, performance or results of use thereof.

Nothing in these Terms of Business shall limit liability for personal injury or death caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

This clause shall survive termination of the Agreement.

 

SUSPENSION & TERMINATION

We reserve the right to suspend your access to the Website, and any products and/or services offered to you by us and/or all passwords and other access codes if we have reasonable cause to suspect that you are breach of any part of these Terms of Business.

JOB POSTINGS

You agree that any and all postings that you display on the Website will relate to specific live job positions and that you will post no stock or generic job descriptions. In addition, you agree that job postings posted by you will not contain a hyperlink to any website which contains material which is defamatory, offensive or obscene or of a menacing character or which may, in our judgment, cause annoyance or inconvenience or anxiety to any person including, without limitation, any racist, sexist, harassing, threatening, discriminatory, vulgar or abusive material, opinions or messages. We will not monitor or edit the contents of your postings on the Website unless required to do so by law (in particular laws relating to defamation, harassment, discrimination or obscenity) or in the good faith belief that such action is necessary to: (i) comply with any legal process served on us; (ii) protect and defend our right to properties; (iii) act under exigent circumstances to protect the safety of our users; (iv) carry out necessary maintenance or improvements to the posting service or uphold the quality of the site; or (v) to make it clear that any posting which you display on the Website which is a business opportunity (rather than a specific live job position) is such a business opportunity. We have the right to remove any jobs that are deemed inappropriate or untrue. Incorrectly selected jobs or criteria will be removed from the site and your credit under our Agreement will be lost. Over- selection of job criteria is seen as abuse and if you over-select any job criteria including Location, Salary, Sector or Job Type your account may be suspended without notice.

INDEMNITY

 You shall indemnify and hold harmless us and our officers, employees, directors, shareholders, representatives, successors and assignees against any and all costs, expenses (including reasonable legal expenses), claims, losses, liabilities or proceedings arising from the use or misuse by you of this Website. You agree to notify us together with all relevant facts if anyone makes or threatens to make any claim against you relating to your use of this Website.

 

FORCE MAJEURE

We shall not be liable to you as a result of any delay or failure to perform our obligations under our Agreement which arises by reason of a force majeure event, namely circumstances beyond our control which shall include, but shall not be limited to, acts of God, perils of the sea or air, fire, flood, drought, explosion, sabotage, accident, embargo, telecommunications and utilities failure, riot, civil commotion or civil authority, including acts of local governments and parliamentary authority, breakdown of plant or machinery or software or death of royalty.

If a force majeure event takes place that affects the performance of our obligations under an Agreement we will contact you as soon as possible to notify you; and our obligations under an Agreement will be suspended and the time for performance of our obligations will be extended. If a force majeure event prevents us from performing our obligations under an Agreement for more than four 4 weeks we shall have the right to terminate the Agreement immediately by given written notice to you.

APPLICABLE LAW AND JURISDICTION

The laws of England and Wales shall govern this Agreement and your use of the Website and you hereby submit to the exclusive jurisdiction of the English courts.