Introduction
These are the terms and conditions of
service for www.viewsonyou.com (Site).
The Site is operated by Viewsonyou Limited (we, us and our).
We are a limited company, registered in England. Our registered company number is
06838376, and our registered office is at 15-19 Cavendish Place, London W1G 0DD. Our VAT registration number is GB 110764053.
Your purchase of and/or your subscription
to any of the services offered on the Site (each a Service) is subject
to these terms and conditions and by placing an order for any Service you agree
to be bound by them. By placing an order, you agree and represent to us that
you have the requisite authority, power and right to fully bind the legal entity
(whether a corporation, company, firm, partnership, sole tradership or other
legal entity) on whose behalf you are placing that order. If you do not have
the authority to bind that entity, or if you or that entity does not agree to any
of these terms and conditions, we are unwilling to accept your order and to provide
access to any Service, and you should not proceed to place your order.
You should print a copy of these terms and
conditions for future reference. Use of the Site itself is subject to our Terms of Use. Use of your personal information
submitted via the Site is governed by our Privacy Policy.
We reserve the right to change these terms
and conditions from time to time by changing them on the Site and you are
responsible for checking the current terms on the Site.
Our Services
The Services are as described on the Site. They
include both recruitment-related Services and a talent management-related
Service for your existing personnel. The Services are available to businesses
only, i.e. the Services are not available to individuals who, in
their personal capacity, are seeking to recruit, employ or engage staff (for
example, if you are looking for a domestic cleaner).
We make no guarantee and give no commitment
as to the number of individuals who may view or respond to any job
advertisement you post, nor that any Service is suitable for your business or will
meet your particular needs.
We do not control the material submitted to
the Site by users and, in particular, we do not control the ratings and reviews
that our users give (whether of themselves or of other users). We are not a
recruitment or employment agency and give no warranty as to the suitability (in
any regard) of any individual who may respond to any job advertisement you post
or as to the accuracy, completeness, currency, correctness, reliability,
integrity or quality of any information contained in any profile, rating or
review of such individual, or otherwise appearing on the Site in relation to
any individual.
We do not vet any individual and you
acknowledge and agree that you, and not we, are solely responsible for any
conclusions you may draw from any profile, rating or review of any individual,
or otherwise appearing on the Site in relation to any individual, and for any
decision you may take to reject, short-list, interview, recruit, employ or
engage any individual.
You acknowledge and agree that you are
solely responsible for all use you make of any Service. To the fullest extent
permitted by law, all implied warranties, conditions or other terms of any kind
are hereby excluded. To the fullest extent permitted by law, we accept no
liability for any loss or damage of any kind incurred as a result of you or
anyone else using or relying on any Service.
You acknowledge and agree that you solely
responsible for the content of all job advertisements you post and warrant that
such advertisements and your use of any Service will comply with all applicable
laws and regulatory requirements for the time being in force. You agree to
indemnify us, on demand, against all losses, liabilities, amounts paid in
settlement, costs and expenses suffered or incurred by us as a result of any
claim arising out or in connection with any job advertisement you post or any
use you make of any Service otherwise than in accordance with these terms and
conditions.
You acknowledge and agree that if you are
provided with any supporting information in relation to a job applicant (for
example, a curriculum vitae, resumé or covering letter) via the Site, you will become a data controller
in relation to the personal data comprised in such information. You warrant
that your processing of such personal data will comply with all applicable data
protection laws and regulatory requirements and that, where required, you are
registered as a data controller under the Data Protection Act 1998.
Account set up
To order any Service you must first register
to set up a business account with us by completing the business account
registration form available on the Site. You must be in business to set up a
business account with us.
To register to set up a business account
with us, you must provide us with accurate, complete and up-to-date contact
information, including legal name of your business and address. You are responsible
for the information you provide to us. You must contact us promptly to inform us of all changes to this information.
Usernames and passwords
Upon registration for a business account
with us, you will be asked to create a username and password. You must keep
your username and password confidential at all times and use it only to access
and use your account and not for any other purpose. You are the only authorised
user of your account, unless expressly specified otherwise in the relevant
Service description on the Site, and accordingly you must not disclose your username
and/or password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account
or error in the operation of your username and/or password. Any breach of these
terms and conditions and/or any use of your account by anyone to whom you
disclose your username and/or password will be treated as if the breach or use
had been carried out by you, and will not relieve you of your obligations to
us. Any such use will be charged to you in accordance with these terms and
conditions.
Usernames and passwords are our property and
we reserve the right to alter or replace them at any time in our sole
discretion.
You must cease to use and delete the password
from any of your records upon expiry or termination of your account with us for
whatever reason.
Service orders
Once you have registered to set up a
business account with us, each Service may be ordered by clicking on the
Service which you wish purchase or subscribe to and then following the prompts
that will appear on-screen. If you are in any doubt as to any Service you are
thinking of ordering, we recommend that you contact us prior to placing an order. You may check and correct any input
errors in your order up until the point at which you submit your order to us by
making payment on the checkout page.
After placing an order, you will receive a
notification from us acknowledging that we have received and accepted your
order (“Order Confirmation”). A contract in relation to the Service
ordered (“Contract”) will only be formed once we send you an Order
Confirmation. The Contract will relate only to the Service we have confirmed in
the Order Confirmation.
Please note that, because we start providing
you with the Service you order immediately your order is accepted by us, you
will not be able to cancel your order after it has been placed by you, except,
in relation to those Services that involve an ongoing subscription, as set out
in our Subscription renewal and cancellation
section.
Service charges and payment
The charges for Services are as quoted on
the Site from time to time. Charges include VAT. Charges are liable to change
from time to time.
The Site contains a range of Services and
it is always possible that, despite our best efforts, a particular Service
listed on the Site may be incorrectly priced. Where the correct charge for a
Service is less than our stated charge, we will charge the lower amount to you.
If the correct charge is higher than the charge stated on the Site, we will
normally, at our discretion, either contact you for instructions or reject your
order and notify you of such rejection.
Payment for all orders must be made by PayPal
(either by PayPal account or by any of the credit or debit cards that PayPal
accepts) on the checkout page. Charges are billed to the PayPal details you
provide during the order process.
We reserve the right, in our discretion, to
carry out checks (including checks with credit reference agencies) for the
purposes of confirming your identity and to establish your creditworthiness. By
agreeing to these terms and conditions, you agree to our doing so.
You should be aware that online payment
transactions using a credit or debit card may be subject to validation checks
by your card issuer and we are not responsible if your card issuer declines to
authorise payment for any reason. Please note, it is possible that your card
issuer may charge you an online handling fee or processing fee. We are not
responsible for this. Nor are we responsible for any charges or expenses (e.g.
for overdrawn accounts, exceeding credit card limits, etc.) resulting from
amounts correctly billed to you by us.
You are responsible for any charges to your
account. If you have questions regarding charges to your account, you should contact us.
If you do not pay us charges you owe us on
time (including if any correct charge to your credit or debit card is not
authorised), we may suspend or terminate your access to any Service (and we
reserve the right to pursue any available legal remedy to collect the amount
owed by you). However, charges will continue to be incurred until the account
is closed.
Subscription renewal and cancellation
Those Services that are priced monthly (as
shown on the Pricing Options page of the Site) involve an ongoing monthly
subscription which will automatically renew from month to month (unless we no
longer make the relevant Service available, in which case we will notify you)
and charges will be billed monthly unless you contact us, before the end of your then-current subscription period, to
notify us that you do not want your subscription to be renewed.
If your notification not to renew is received
by us at least three days prior to the end of the then-current billing month, your
subscription will end at the end of that billing month. If your notification
not to renew is received by us less than three days prior to the end of the then-current
billing month, charges to your account may continue until the end of the
following billing month.
You authorise us to debit the PayPal
account or PayPal-accepted credit or debit card you provide during the order
process (as the case may be) automatically, on an ongoing basis, for all
charges payable by you in relation to any Service in accordance with these
terms and conditions, until your subscription is cancelled or until you provide
us with an alternative credit or debit card for which you are the authorised
cardholder.
Acceptable use
You agree that you will not, nor allow
anyone else to, use your account or any Service:
- to access or attempt to access any
Service which you have not purchased or subscribed to;
- to interfere with or disrupt the
provision of any Service or use any Service in a way that interferes with anyone
else’s use of any Service;
- to further any criminal or fraudulent
activity or to impersonate another person;
- to breach the rights of any person
(including, but not limited to rights of privacy and intellectual property
rights); or
- otherwise in breach of any acceptable use
guidelines that we may issue from time to time.
Service suspension and termination
We may, from time to time, with or without prior
notice, temporarily suspend the operation of any Service and/or the Site (in
whole or in part) for repair or maintenance work or in order to update or
upgrade any contents, features or functionality.
We may suspend or terminate any Service if
we need to do so in order to comply with legal or regulatory requirements,
provided that we will give you as much notice as we reasonably can.
We may, with or without prior notice,
suspend or terminate any Contract for any Service and/or your use of your
account, password, the Service and Site in the event that:
- you have breached any of these terms and
conditions;
- you fail to pay any correctly billed
charges when due; or
- you become insolvent or make composition
with your creditors or petition for your own bankruptcy or have a
bankruptcy petition presented against you, or are subject to any event or proceedings
which are equivalent or substantially similar under any applicable
jurisdiction.
Upon termination of any Contract (including
where, in accordance with these terms and conditions, you do not renew or
cancel your Service subscription):
- all rights granted to you under these
terms and conditions will immediately cease;
- you must promptly discontinue all use of the
Service; and
- you must pay us all outstanding amounts
that you owe us.
Intellectual
property rights
You agree that if you upload any logo (for
use if you elect to order a white-labelled version of any Service, where
available) or any other material to us via the Site (including the content of
any job advertisement), you grant us and our affiliates a perpetual,
irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable
right and licence to use, reproduce, publish, perform and display such material.
We do not acquire any intellectual property rights in such material, which
remain with you or your licensors, but by uploading such material via the Site
you agree and represent to us that you have authority to do so and to grant the
foregoing licence to us.
Our liability
Nothing in these terms and conditions shall
limit or exclude our liability to you:
- for death or personal injury caused by
our negligence;
- for fraud or fraudulent
misrepresentation; or
- for any other liability that may not,
under English law, be limited or excluded.
Subject to this, in no event shall we be
liable to you for any indirect or consequential losses, or for any loss of
profit, revenue, contracts, data, goodwill or other similar losses and any
liability we do have for losses you suffer arising from, or in connection with,
any Contract shall not exceed all charges payable by you for the relevant Service
in the preceding 12-months.
We will not be liable or responsible for
any failure to perform, or delay in performance of, any of our obligations
under any Contract that is caused by events outside our reasonable control.
General
You may not transfer or assign any or all
of your rights or obligations under any Contract.
All notices given by you to us must be
given in writing to the address set out at the end of these terms and
conditions. We may give notice to you at either the email or postal address you
provide to us when placing an order.
If we fail to enforce any of our rights,
that does not result in a waiver of that right.
If any provision of these terms and
conditions is found to be unenforceable, all other provisions shall remain
unaffected.
These terms and conditions may not be
varied except with our express written consent.
These terms and conditions and any document
expressly referred to in them represent the entire agreement between us in
relation to the subject matter of any Contract.
These terms and conditions shall be
governed by English law, and you agree that any dispute between us regarding
them or any Contract will only be dealt with by the English courts.
Contact us
Please submit any questions you have about
these terms and conditions or an order you have placed or ordering in general:
Viewsonyou
Limited
15-19 Cavendish
Place
London
W1G 0DD