Opportunity Search Form





Advertiser Terms & Conditions

Effective from 20/10/2013

Information About Us

We operate the website savvyguest.com.  We are Savvy Guest Limited, a company registered in England and Wales under company number 08033796 and with our registered office at Inspire Centre, 747 Stockport Road, Levenshulme, Manchester, England M19 3AR.  Our main trading address is Inspire Centre, 747 Stockport Road, Levenshulme, Manchester, England M19 3AR. Our VAT number is 153793781.

You can contact us using the following email address, enquiries@savvyguest.co.uk

We are a limited company.

We are registered with the Information Commissioner’s Office and we appear in the Data Protection Register under number Z3549284.

 

These Advertiser Terms

These Advertiser Terms and Conditions (Advertiser Terms) are deemed accepted by you when you order any Services from us.

We amend these Advertiser Terms from time to time.  Every time you wish to order Services, please check these Advertiser Terms to ensure you understand the terms which will apply at that time.

These Advertiser Terms, and any Contract between us, are only in the English language.

 

1. Definitions and Interpretation

In these Advertiser Terms the following words and terms shall have the following meanings:

Advertiser means the person, organisation or business entity named on the Registration Form;

Advertiser Material means all or any part of the content and materials (including but not limited to your Profile and advertisement particulars) supplied or made available by you in connection with the Services;

Advertiser/ Sponsor Space means the service options which are available to be ordered by you from us and which sets out specific conditions that apply in respect of the supply of individual services www.savvyguest.co.uk

Advertising Slot means the period during which we shall provide the Services as set out on the Registration Form;

Affiliates means any holding company of Savvy Guest Limited or any subsidiary of such holding company from time to time (and holding company and subsidiary shall have the definitions set out in section 1159 of the Companies Act 2006);

Booking Form means the electronic booking form for ordering any Services and accessible on our site;

Career Searcher means a person who is a registered user and uses the site to search for pre – career opportunities;

Charges means the sum(s) payable by you to us for the supply of the Services;

Contract has the meaning set out in clause 2.1;

Posting System means the system (if any) made available by us to you in order to post Advertiser Material to our site and includes any Posting System Software;

Posting System Software means any software supplied by us to you to assist the upload of Advertiser Material via the Posting System;

Profile means the profile supplied or made available by you, including details of your company and nature of your business; Services means such services listed on the Advertiser Services Page that we have agreed to supply to you as set out on the Booking Form;

Website Terms means (1) the Website Terms of Use (2) the Privacy Policy (3) the Acceptable Use Policy, and (4) the Cookie Policy on savvyguest.co.uk.

In these Advertiser Terms:

(1)    a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time; and

(2)    a reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.

2. The Contract Between Us

2.1 The contract between you and us in respect of the Services (the Contract) shall comprise the Booking Form, the Advertiser Services Page, these Advertiser Terms and the Website Terms to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order or other document).

2.2 If there is a conflict between the terms of the Booking Form, the Advertiser Services Page, these Advertiser Terms and the Website Terms, the documents shall take precedence in the following order: (1) Booking Form, (2) Advertiser Services Page and (3) these Advertiser Terms and (4) the Website Terms (ranking in the order set out under the Definitions and Interpretations above).

2.3 You can terminate or cancel the Contract only as set out in clause 12.1 or with our written agreement.

3. The Services

3.1 Subject to these Advertiser Terms and in consideration of you paying the Charges, we shall provide the Services to you during the Advertising /Sponsor Space.

3.2 We will not commence the provision of the Services pursuant to any Booking Form until the Booking Form has been returned to us, in a form approved by us and confirmed by you by way of e-mail confirmation or provision of your registration number and the Services will not commence until payment is received and cleared.

3.3 We shall use reasonable skill and care in providing the Services but we make no representation or warranty that the Services and your use of the Posting System will be uninterrupted or error free or fit for your particular purpose.

3.4 We shall be entitled to temporarily suspend, change or adjust the operation of the Services and/or Posting System for legal or technical reasons. We shall attempt to notify you, by posting on our site, as far in advance as possible of any temporary suspension, or significant change or adjustment but you acknowledge that it may not always be possible for us to give you prior notice.

3.5 We may in our sole discretion either refuse to post on or remove from our site and Services any of the Advertiser Material and/or require the Advertiser Material to be amended at any time if we consider that you are in breach of any of clauses 4, 5 or 6 below.

3.6 You shall not be entitled to any refund of Charges:

3.6.1 if you ask us to remove Advertiser/Sponsor Material from our site before the end of the agreed date; or

3.6.2 if any quota of Services is not used up by you within the Advertising/Sponsor time specified on the Booking Form, in which case the quota shall expire.

3.7 Your registration with our site is free.

4. Your General Warranties and Obligations

4.1 You acknowledge and agree to the specific conditions (if any) that apply in respect of the Services as set out in the Advertiser Services Page.

4.2 You confirm that you have authority to bind the person, organisation or business entity on whose behalf you use our site and our Services.

4.3 You shall ensure that only your authorised personnel shall access the Services.

4.4 You shall not disclose any login or access password or registration number to any third party and shall not re-sell or licence the Services to any third party without our prior written consent.

4.5 You shall deliver Advertiser Material to us in a format compatible with the technical specifications that we may issue from time to time.

4.6 You undertake and warrant  that your use of the Services and all Advertiser Material comply with all applicable laws and codes of practice and shall not be defamatory, discriminatory or otherwise objectionable and shall not infringe any copyright, trade mark or other rights of any third party.

4.7 You warrant that you hold all necessary consents and licences to use and grant us the right to use the Advertiser Material as envisaged by the Contract.

4.8 You authorise us to use and display Advertiser Material on our site.

4.9 You shall not publish, disclose, reproduce or create derivative works from any information obtained pursuant to your use of the Services except for internal business purposes unless we expressly agree in writing.

4.10 You shall not copy, modify, reverse engineer or decompile the Posting System Software, except to the extent permitted by law.

4.11 You shall not use any automatic extraction software or any other means to facilitate the downloading or capture of volume quantities of information from us.

4.12 You undertake and warrant that you will deal fairly and professionally with all Career Searchers who respond to any pre-career opportunity advertisement or other Advertiser Material posted by you on our site.

4.13 You are responsible for carrying out all checks and procedures as are necessary to ensure Career Searchers who respond to any advertisement posted by you are suitable.

4.14 You shall notify us immediately if, for any reason, it is not possible or appropriate for you to offer the subject matter of any Advertiser Material to Career Searchers.  Such notification shall be by email to: enquiries@savvyguest.co.uk

4.15 You are responsible for fulfilling and dealing with any application or enquiry by a Career Searcher in relation to Advertiser Material posted by you on our site and you will indemnify and hold us harmless accordingly.

4.16 You acknowledge that our site operates as a venue only and does not introduce or supply Career Searchers to you (or vice versa) and that we do not:

4.16.1 obtain information for you to select a suitable Career Searcher for any job vacancies you are advertising external to our website;

4.16.2 obtain confirmation of the Career Searcher’s experience, training, qualifications or authorisation to work as part of the pre –career meeting as advertised.

4.16.3 take any steps to ensure you and the Career Searcher are each aware of any legal or other requirement which either must satisfy to allow the Career Searcher to take up the advertised pre-career meet up;

4.16.4 take any steps to ensure that it would not be detrimental to your interests for the Career Searcher to take up the advertised pre – career meet up;

4.16.5 give you any indication as to whether a Career Searcher is suitable or unsuitable for any advertised pre-career meet up in any circumstances;

4.16.6 propose Career Searchers to you or provide you with any information about them;

4.16.7 take up any references in respect of a Career Searcher.

5. Advertiser Material

5.1 You warrant that:

5.1.1 your Advertiser Material, including pre-career advertisements and your Profile, shall be accurate, honest and truthful;

5.1.2 your Advertiser Material, including pre- career advertisements and your Profile, shall not contain unnecessary repetition of words or phrases intended to achieve a false positioning in the search results viewed by a Career Searcher;

5.1.3 your Advertiser Material, including pre-career advertisements and your Profile, shall not contain links to your website (or the website of any third party) or any job application contact information without our prior written agreement;

5.1.4 your Advertiser Material, including pre-career advertisements and your Profile, shall not promote any ‘get rich quick’, pyramid selling or network marketing opportunities or similar activities; and

5.1.5 if you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973 (the Act)), your job advertisements shall comply with your obligations under the Act and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the Regulations) and you shall comply with the Act and the Regulations as they affect the conduct of your business and the job advertisements that you post on our site.

6. Career Searchers

6.1 You shall comply with the provisions of the Data Protection Act 1998 and, in particular, shall take all appropriate technical, organisational and security measures to prevent unauthorised access, loss and use of personal data relating to Career Searchers.

6.2 You shall only use personally identifiable Career Searcher information for the purpose of pre-career meetings for the Career Searcher in accordance with your pre career advertisement.

6.3 You shall keep confidential and not supply or make available to any person personally identifiable Career Searcher information that you receive from us or any Career Searcher without the Career Searcher’s express consent.

6.4 You accept that you are responsible for satisfying yourself as to the suitability of Career Searchers for a job vacancy and verifying the identity of such Career Searchers for vacancies advertised externally to the website.

7. Indemnity

You shall fully indemnify us and our Affiliates against all claims, costs, damages, losses, expenses and liabilities suffered or incurred by us and our Affiliates arising as a result of any breach by you of clauses 4, 5 and 6.

8. Our Charges

8.1 Our Charges are stated on the Booking Form and are exclusive of VAT which shall be paid by you in addition at the rate and in the manner prescribed by law.

8.2 You shall pay for the Services:

8.2.1 on submitting a Booking Form and by such method as may be specified by us; or

8.3.1 under such other arrangement as we may agree in writing with you.

8.3 If you do not to pay any amount due to us by the due date for payment then we shall be entitled to withhold or suspend the Services until all monies owing to us have been paid in full by you.

8.4 We reserve the right to charge you our reasonable administration costs for dealing with any failed payments by you.

9. Intellectual Property Rights

You acknowledge that all intellectual property rights in the Services, technology supporting the Services (including the Posting System) vest in us and/or our licensors and partners and that you have no rights in, or to, such intellectual property other than the right to use in accordance with the Contract.

10. Limitation of Our Liability

10.1 This clause sets out our entire financial liability to you in respect of:

10.1.1 any breach of the Contract;

10.1.2 any use made by you of the Services; and

10.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.

10.2 Nothing in the Contract shall exclude or limit our liability for death or personal injury resulting from our negligence or for fraud or for any other liability that cannot be excluded or limited by law.

10.3 All warranties, conditions and other terms implied by statute or common law in relation to the Services are, to the fullest extent permitted by law, excluded from the Contract.

10.4 We shall have no liability to verify the identity of any Career Searcher or check the suitability of any Career Searcher for any job advertisement.

10.5 We do not guarantee any response to your job advertisement or that any responses will be from Career Searchers suitable for the job advertised externally to our website.

10.6 We shall not be liable to you under or in connection with the Contract for any loss of business, contracts, profits, anticipated savings, data, damage to hardware and software, or for any indirect, special or consequential loss.

10.7 We do not accept liability for loss of any Advertiser Material.

10.8 Our liability in respect of any failure to perform the Services in accordance with the Contract shall be limited to the re-performance of the relevant part of the Services as far as is practicable.

10.9 Subject to the provisions of this clause 10, our total liability to you in respect of any loss or damage under or in connection with the Contract shall not exceed the aggregate amount of Charges paid by you in the twelve months immediately preceding the incurring of such loss or damage.

11. Confidentiality

Each party agrees to keep the terms of the Contract and all information that is obtained about the business, finances, technology and affairs of the other strictly confidential. This clause shall not apply to information which has come into the public domain other than by breach of this clause or is required to be disclosed by law.

12. Termination

12.1 Either party may terminate the Contract immediately by written notice to the other party if the other party:

12.1.1 is in material breach of these terms and conditions and has not remedied such breach within seven days of notice specifying the breach and requiring that it be remedied; or

12.1.2 becomes insolvent, ceases to trade or operate, or goes into liquidation.

12.2 On termination of the Contract for any reason you shall immediately:

12.2.1 cease using the Services, permanently delete any login or access passwords and registration numbers for the Services and erase any Posting System Software; and

12.2.2 pay to us all outstanding sums due to us under the Contract.

12.3 Termination of the Contract shall not affect your or our accrued rights or liabilities under the Contract nor any provision of the Contract which is expressed or required to survive or operate in such event.

13. Our Right To Vary These Advertiser Terms

13.1 We may revise these Advertiser Terms from time to time in the following circumstances:

13.1.1 changes in how we accept payment from you;

13.1.2 changes in relevant laws and regulatory requirements; and

13.1.3 changes in our business model.

13.2 Every time you use our Services, the Advertiser Terms in force at that time will apply to the Contract between you and us.

13.3 Whenever we revise these Advertiser Terms, we will keep you informed and give you notice of this by stating that these Advertiser Terms have been amended and the relevant date at the top of this page.

General Terms

14. Entire Agreement

The Contract contains the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, written or oral, between the parties in relation to such matters.

15. No Amendment

No amendment, variation or modification to the Contract shall be deemed valid unless it is agreed in writing by the parties.

16. Assignment

You shall not assign, transfer or deal in any other manner with all or any of your rights or obligations under the Contract without our prior written consent.

17. Third Party Rights

A person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of the Contract.

18. No Partnership

Nothing in the Contract shall be deemed to create any kind of partnership or joint venture between you and us.

19. No Waiver

No failure or delay by either party in exercising any of its rights or remedies under the Contract shall operate as a waiver of those rights or remedies.  No waiver shall be effective unless in writing and shall apply only in relation to the matter in respect of which it was specifically given. No waiver of any breach of the Contract is a waiver of any subsequent or other breach.

20. Force Majeure

Neither party shall be liable for any delay or non-performance under the Contract caused by any event beyond its reasonable control (a Force Majeure Event) provided that the party affected gives prompt notice in writing to the other party of such Force Majeure Event and uses all reasonable endeavours to continue to perform its obligations under the Contract. If the Force Majeure Event continues for more than one month, the party not subject to the Force Majeure Event may terminate the Contract by notice in writing to the other party.

21. Severance

If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

 

 

22. Notices

Unless stated otherwise, notices under the Contract must be in writing and shall only be deemed to have been duly served if hand delivered, sent by facsimile (provided the transmitting machine reports successful transmission), recorded delivery or email to the contact address of the party set out in the Booking Form or such other contact address as may be notified by that party under this clause.

23. Applicable Law and Jurisdiction

The Contract shall be governed by and construed in accordance with English law.  The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law.

The parties agree to submit to the exclusive jurisdiction of the courts of England and Wales in relation to any disputes arising under or in connection with the Contract.