Terms and Conditions
Last updated: 14th August 2017
SECTION A - GENERAL
INFORMATION ABOUT US
HIJOBS, including hijobs.net and HIJOBS branded apps for iOS and Android devices, are a platform operated by HIJOBS Limited. We are registered in Scotland under company number SC513369 and have our registered office at Commercial House, 20 High Street, Fort William, Inverness-shire, PH33 6AT. Our VAT number is GB 225 1250 51.
ACCESSING OUR PLATFORM
Access to our platform is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our platform without notice (see below). We will not be liable if for any reason our platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our platform, or our entire platform, to users who have registered with us.
Potential candidates (Candidates) and potential employers / recruiters (Employers) need to register with us in order to use any of the Employer Services or Candidate Services. The Employer Services are “Jobs” (job postings), “CV Database Access” (database access to all registered Candidates’ CVs) and Advertising, and the Candidate Services are access to job search facilities and provision of a CV database. To register you need to complete our online order form for Candidates hijobs.net/account/register or for Employers hijobs.net/account/recruiterregister. In order to cancel your registration at any time (without affecting either party's statutory rights or liabilities) you need to email us at email@example.com. Cancellation by an Employer of any Employer Services is subject to a minimum of 30 days prior written notice.
If you register for any of the Employer Services or Candidate Services you agree to ensure that your details provided on registration are true and not in any respect inaccurate, misleading, deceptive or likely to mislead or deceive. You agree to notify us immediately of any changes which are relevant to your registration by informing us on firstname.lastname@example.org. Candidates may update their contact details or remove their CV from our platform by following this link http://hijobs.net/account/deleteaccount.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
When using our platform, you must comply with the provisions of our acceptable use policy as set out in Section B of these Terms.
You are responsible for making all arrangements necessary for you to have access to our platform. You are also responsible for ensuring that all persons who access our platform through your internet connection are aware of these Terms, and that they comply with them.
By placing an order through our platform you warrant that you are legally capable of entering into binding contracts and performing your obligations thereunder.
There is no charge for the Candidate Services. The Employer Services are chargeable services (on rates to be agreed between us and each Employer from time to time). Any order for any service can be made via the website or by contacting us directly at email@example.com.
If an Employer chooses to buy any Employer Services we must be provided with complete, accurate and up to date payment information, and by submitting card payment details to us the relevant Employer warrant that it is entitled to purchase the Employer Services using such payment details. If we do not receive payment authorisation or if payment is not valid, cannot otherwise be processed or if any authorisation is subsequently cancelled or any check of your card fails, we may immediately terminate or suspend access to any Employer Services.
We do not store credit card details nor do we share financial details with any 3rd parties.
Employers will receive an invoice from us, which shall be payable on receipt. If the invoice is not satisfied in full by the due date, we shall be entitled but not obliged to charge interest on the overdue amount, payable immediately on demand, from the due date up to the date of actual payment, after as well as before judgment, at the rate of 2% per annum above the base rate for the time being of Royal Bank of Scotland Plc and fixed sum compensation under the Late Payment of Commercial Debts Regulations 2002. Such interest shall accrue on a daily basis and shall be compounded quarterly. Employers will also be responsible for all expenses (including legal fees) incurred by us or our agents in collecting such amounts.
As regards any right an Employer may obtain for CV Database Access, the Employer acknowledges that such a right is not transferable to any third party and may be subject to usage restrictions as agreed from time to time.
The amount of content posted by Employers on our platform and the length of time that such content remains on our platform shall be as agreed between us and each Employer from time to time. An Employer may request us to remove any content from our platform before such content has reached its expiry date, or we may remove content following a breach by an Employer of these Terms, and in either case the Employer shall not be entitled to a refund for unused time.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our platform for your personal reference and you may draw the attention of others within your organisation to material posted on our platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our platform must always be acknowledged.
You must not use any part of the materials on our platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our platform in breach of these Terms, your right to use our platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
By submitting information, photos or other content to us via our platform you grant us the right to use such materials at our discretion, including without limitation to edit, copy, reproduce, disclose, post and remove such materials from the our platform.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our platform are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our platform, or by anyone who may be informed of any of its contents.
We aim to update our platform regularly, and may change the content at any time. If the need arises, we may suspend access to our platform, or close it indefinitely. Any of the material on our platform may be out of date at any given time, and we are under no obligation to update such material.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our platform.
The material displayed on our platform is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our platform or in connection with the use, inability to use, or results of the use of our platform, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
We will use our reasonable endeavours to post all content on the date agreed between us and the relevant Employer but we do not accept liability for any consequences, howsoever arising, due to our error or delay in posting, or refusal to post, content.
We shall not be held responsible for any addition to, changes in, deletions from, delay in publication or withdrawal of any content required by any competent authority having jurisdiction over or responsibility for the regulation of electronic and online advertising on the internet (including without limitation the Advertising Standards Authority or any replacement body).
Employers are responsible for determining the suitability of Candidates for jobs and we shall have no responsibility for the selection and recruitment policies and procedures of any Employer. It is agreed that Employers are third parties over whom we have no control and that accordingly we shall have no liability to any Candidate arising from (and Candidates shall hold us harmless against) the acts or omissions of any Employer.
Nothing herein affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR PLATFORM
UPLOADING MATERIAL TO OUR PLATFORM
Whenever you make use of a feature that allows you to upload material to our platform, or to make contact with other users of our platform, you must comply with the content standards set out in our acceptable use policy as set out in Section B of these Terms. You warrant that any such contribution does comply with those standards and that all necessary rights, consents, licenses, clearances and waivers have been obtained prior to uploading, and you indemnify us for any breach of that warranty.
Any material you upload to our platform will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our platform constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our platform.
We have the right to remove any material or posting you make on our platform if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy as set out in Section B of these Terms.
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our platform, the server on which our platform is stored or any server, computer or database connected to our platform. You must not attack our platform via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our platform will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our platform or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR WEBSITE
You may link to any page on our website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our platform must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy as set out in Section B of these Terms.
If you wish to make any use of material on our platform other than that set out above, please address your request to firstname.lastname@example.org.
LINKS FROM OUR PLATFORM
Where our platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Terms by you or any other liabilities arising out of your use of our platform, or the use by any other person accessing our platform using your internet account.
Applicable laws may require that some of the information or communications we send to you should be in writing. When using our platform, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to HIJOBS at 20 High Street, Fort William, Inverness-shire, PH33 6AT or to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when registering or placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
THIRD PARTY RIGHTS
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
JURISDICTION AND APPLICABLE LAW
The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our platform.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
HIJOBS is a UK trademark of HIJOBS Limited.
SECTION B – ACCEPTABLE USE POLICY
Your use of our platform means that you accept, and agree to abide by, all the policies in this acceptable use policy.
You may use our platform only for lawful purposes. You may not use our platform:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material that does not comply with our content standards as set out below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our platform in contravention of the Terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our platform;
- any equipment or network on which our platform is stored;
- any software used in the provision of our platform; or
- any equipment or network or software owned or used by any third party.
These content standards apply to any and all material that you contribute to our platform (contributions).
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law and regulation in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material that is defamatory of any person.
- Contain any material that is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our platform. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the Terms, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our platform.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our platform.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
We are committed to protecting and respecting your privacy. This policy forms part of the Terms and sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is HIJOBS Limted of Commercial House, 20 High Street, Fort William, Inverness-shire, PH33 6AT, UK. You can find out more about data protection and search the data protection register at https://ico.org.uk.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
- Information that you provide by filling in forms on our platform. This includes information provided at the time of registering to use our platform (including any information contained in a Candidate’s CV), subscribing to our Employer Services or Candidate Services, posting material or requesting further services. We may also ask you for information when you report a problem with our platform.
- If you contact us, we may keep a record of that correspondence.
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
- Details of transactions you carry out through our platform and of the fulfilment of your orders.
- Details of your visits to our platform including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our platform and to deliver a better and more personalised service. Some of the cookies we use are essential for the platform to operate.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our platform, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our platform; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
- To ensure that content from our platform is presented in the most effective manner for you and for your computer.
- To provide you with the information, products or services on our platform or that you request from us or that we feel may interest you, where you have consented to be contacted for such purposes.
- To carry out our obligations arising from any contracts entered into between you and us.
- To notify you about changes to our service.
Candidates’ CVs are viewable by Employers that have subscribed to the relevant Employer’s Service but, if requested by the Candidate, will remain anonymous. Names and contact information remain confidential and release of this information to Employers remains in the Candidate’s control at all times. If an Employer wishes to contact a Candidate they do so directly in the manner instructed by the Candidate on their registration form. The Candidate decides whether to respond to the opportunity or not. If the Candidate chooses to do so they contact the Employer directly. We do not contact Employers on behalf of Candidates unless expressly authorised to do so.
We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these Terms and other agreements; or to protect the rights, property, or safety of HIJOBS, Linnhe Creative Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
- We do not store credit card details nor do we share financial details with any 3rd parties
Personal Information Management
We gather personal information from you when you send text messages, complete registration forms, send emails to us, submit comments, join message boards and other user generated content facilities. This data is securely stored and will not be shared with any third party partners unless you have specifically given permission for our selected partners to view your details for employment purposes only. Please do not submit your personal information to us if you do not wish us to collect it.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at 20 High Street, Fort William, Inverness-shire, PH33 6AT or firstname.lastname@example.org.
Our platform may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.