Effective from 1 April 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE
www.ShortlistMe.com (the "Site") is owned and operated by ShortlistMe Limited and is made available to you on the following terms and conditions. By using the site and the services available on it you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.
Who we are and how to contact us
We are registered in England and Wales under company number 11725551 and have Our registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. Our main trading address is 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ. We are a limited company.
To contact us, please contact us at info@ShortlistMe.com
Use of the site
The information and services available on the site are provided for the sole purpose of individuals looking for employment opportunities and career information and for employers seeking to recruit staff. You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site and if you do or if you perform any other unauthorised processing of information on the site it shall be deemed a material breach of these terms and conditions which, in the case of a Customer, shall entitle us to terminate the Services immediately on notice in writing. Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorised processing of information. In respect of any personal data accessed or otherwise processed by a Customer as a result of access to the site or the Services, the Customer agrees that it shall be the sole data controller of such personal data for the purposes of the Data Protection Act 2018 and, as such, shall be solely responsible for its processing.
All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to ShortlistMe Limited or its third party suppliers. Use of the site does not give you any proprietary rights in such materials.
WHAT’S IN THESE TERMS?
These recruiter terms (the “Recruiter Terms”) set out the information applicable to recruiters (the “Recruiters”) who wish to use the Site
1 BY USING THE SITE YOU ACCEPT THESE TERMS
By using the Site, you confirm that you accept these Recruiter Terms and that you agree to comply with them. If you do not agree to these Recruiter Terms, you must not use the Site. We recommend that you print a copy of these Recruiter Terms for future reference.
2 THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
This Acceptable Use Policy refers to the following additional terms, which also apply to your use of the Site.
If you are a candiate (a “Candidate(s)”), Our Candidate terms and conditions (the “Candidate Terms”), which sets out information applicable to Candidates.
3 WE MAY MAKE CHANGES TO THE TERMS OF THESE TERMS
We amend these Recruiter Terms from time to time. Every time you wish to use the Site, please check these Recruiter Terms to ensure you understand the terms that apply at that time. Please view the "Effective from" date at the top of these terms to see when it was last revised.
4.1 In these Recruiter Terms the following words shall have the following meanings:
(a) “Contract” the contract between Us and the Customer for the provision of Services governed by these Recruiter Terms and the documents referred to in them.
(b) “Contract Month” means the month a Customer acting as a Recruiter registers with our website and is effective whether a Customer purchases credits or not
(c) “Contract Term” means the full term of the Contract commencing on the registration as a customer. In the case of purchased credits any purchased credits are held indefinitely by Customers until credits are consumed, whereby further credits are required to be purchased if a Customer wishes to continue with the ability to view contact details of Candidates
(d) “Customer” means any person, company, organisation or firm which purchases Services from Us but under the recruiter terms and conditions this refers to employers;
(e) “Candidate Data” all data contained in the Candidate Database;
(f) “Candidate Database” means the database of Candidates which is accessible to Recruiter via the Site who enter into a Contract;
(g) “Order Confirmation” means an email from Us to you accepting your request to purchase credits;
(h) “Services” means all recruitment services made available by Us from time to time;
(i) “Start Date” means the date of commencement of the Services as defined by the completion of the registration of the Recruiter. After registration Recruiters can search the candidate database for free through our shortlisting tool but must purchase credits to obtain the required contact details of candidates of interest to the Recruiter;
(j) “Purchased credits” refers to the purchase of credits used to be provided with the contact details of candidates for which the recruiter requests to see
5 METHODS OF CONTRACTING
5.1 The methods of contracting with Us for the Supply of Services are as follows:
(a) Online via the Site. Please follow the onscreen prompts to purchase credits.
6 BASIS OF CONTRACT
6.1 Contract. The contract between Us and you in respect of the Services (the “Contract”) shall comprise the Purchased credits and these Recruiter Terms to the exclusion of all other terms and conditions (including any terms or conditions which the Recruiter purports to apply under any purchase order, confirmation of order or other document). In the event of a conflict in terms between the Purchased credits and these Recruiter Terms, the documents shall rank in the following order of precedence: (i) Purchased credits, (ii) these Recruiter Terms.
6.2 If We cannot accept your Purchase credits request. If We are unable to supply you with the Services for any reason, We will inform you of this by email and We will not process your order. If you have already paid for the Services, We will not refund you.
7 OUR SERVICES
7.1 Provision of Services. After the Contract is formed, We will provide you with the Services from the Start Date.
7.2 Descriptions and illustrations. Any descriptions or illustrations on the are published for the sole purpose of giving an approximate idea of the Services described in them. They will not form part of the Contract or have any contractual force.
7.3 Compliance with specification. Subject to Our right to amend the specification (see clause 7.4) We will supply the Services to you in accordance with the specification for the Services appearing on the Site at the date of your order in all material respects.
7.4 Changes to specification. We reserve the right to amend the specification of the Services if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services.
7.5 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill.
8 YOUR OBLIGATIONS
8.1 It is your responsibility to ensure that:
(a) you co-operate with Us in all matters relating to the Services;
(b) you provide Us with such information and materials We may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects; and
(c) you comply with all applicable laws.
8.2 If Our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in the clause 9.1 (“Your Default”):
(a) We will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve Us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle Us to terminate the contract.
(b) We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from Our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse Us on written demand for any costs or losses We sustain or incur arising directly or indirectly from Your Default.
9.1 In consideration of Us providing the Services you must pay Our charges (the “Charges”) in accordance with this Charges section.
9.2 The Charges are the prices quoted on the request for Purchased credits.
9.3 Our Charges are exclusive of VAT unless otherwise stated. Where VAT is payable in respect of some or all of the Services you must pay Us such additional amounts, at the applicable rate, at the same time as you pay the Charges.
10 HOW TO PAY AND CREDIT TERMS
10.1 Payment for the Services is by credit card.
10.2 We will send you an electronic invoice after the Purchased credits have been provided. The invoice will be sent to the email address you provided as part of your registration.
10.3 You must pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
11 USE OF CANDIDATE DATABASE
11.1 Rights in the Candidate Database. Database rights and all other applicable copyright and intellectual property rights in the Candidate Database belong to Us. You acknowledge that you do not acquire any rights in the Candidate Database or its content and that your retention and use of the Candidate Database and its content is governed by these Recruiter Terms.
11.2 Use of the Candidate Database. The material you are entitled to receive from the Site is determined by the service you have purchased from Us. On receipt of this material you may use:
(a) search or download it to your database for the purpose of finding suitable Candidates for specific job vacancies that you or (if you are an employment agency or employment business) your client wish to fill;
(b) the information about the Candidates contained in the Candidate Database for the purpose of contacting them in relation to a specific job vacancy you have, on assumption credits have been purchased in order to obtain candidate contact details; and
(c) the information only in connection with your own recruitment-related activities.
11.3 You may not:
(a) Supply, sell or license material from the Candidate Database, or a copy of it, to any other person, including another member of your group of companies.
(b) Download, search or view the Candidate Database through any automated (e.g. ‘scraping’) process.
(d) Access Our Candidate Database from a system that is not fully patched or does not have industry standard AntiVirus software installed that is regularly updated.
11.4 We take any misuse of data, breach of a user's Contract or breach of any legal policy or regulations very seriously. We reserve the right to limit, suspend or cancel, without refund, access to the candidate CV database if We, in our sole discretion, suspect the misuse of data by a user and/or the user has breached any of the terms of their Contract with Us. In addition, any such activity may result in legal action being taken by Us against the offending part.
12 DEALINGS WITH CANDIDATES
You agree to deal fairly and professionally with Candidates you may contact using information from the Candidate Database and not do anything which may bring Us or the Site into disrepute. You will indemnify Us from and against any claim brought by an individual against Us arising from your breach of this obligation or any other of these Recruiter Terms.
13.1 Without limiting any of Our other rights, We may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) Termination of the Contract will not affect your or Our rights and remedies that have accrued as at termination.
(d) Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
14 EVENTS OUTSIDE OUR CONTROL
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract that is caused by any act or event beyond Our reasonable control (an “Event Outside Our Control”).
14.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under the Contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under the Contract will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
14.3 You may not cancel the Contract affected by an Event Outside Our Control and we will not refund the balance of unused credits.
15 LICENSE TO USE CUSTOMER’S NAME TRADEMARKS AND LOGOS
The Customer grants to Us a fully paid-up, worldwide, non-exclusive, royalty-free licence during the term of the Contract to use the Customer's name, trademarks and logos (the “Customer IP”) for the purposes of providing the Services and in Our marketing materials (including, but no limited to, websites and brochures) and that We may present examples of the services provided to and the materials published on behalf of Customer.
16 LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
16.1 Nothing in the Contract limits or excludes Our liability for:
(a) death or personal injury caused by Our negligence, or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
16.2 We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) any indirect or consequential loss.
16.3 Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited of the total Charges paid under the Contract.
16.4 Except as expressly stated in these Terms, We do not give any representations, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, including without limitation the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982, by common law or otherwise are, to the fullest extent permitted by law, excluded from the Contract.
16.5 Nothing in these Recruiter Terms limits or affects the exclusions and limitations set out in Our Terms & Conditions.
16.6 This clause 16 will survive termination of the Contract.
17 WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
These Recruiter Terms, their subject matter and its formation are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.