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.
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.
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.
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.
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.
Interaction with Data Subjects
Disclosure and Transfers of Personal Data
You shall not, except at our specific written request or as required by law
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
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.
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.
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.
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.
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.
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.
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.