Effective from 10/2/2013
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; firstname.lastname@example.org
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 Host Company Terms
These Host Company Terms and Conditions (Host Company Terms) are deemed accepted by you when you use any of our Services on savvyguest.com (the site).
We amend these Host Company Terms from time to time. Every time you wish to use the Services, please check these Host Company Terms to ensure you understand the terms which will apply at that time.
These Host Company Terms, and any Contract between us, are only in the English language.
1. Definitions and Interpretation
In these Host Company Terms the following words and terms shall have the following meanings:
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 our site to search for, obtain information about and submit their interest for Slots;
Contract has the meaning set out in clause 2.1;
Host Company means the person, organisation or business entity named on the Booking Form;
Host Company Material means all or any part of the content and materials (including but not limited to your Profile and Slot Listing particulars) supplied or made available by you in connection with the Services;
Host Company Services Page 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.
Posting System means the system (if any) made available by us to you in order to post Host Company 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 Host Company 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 Host Company Services Page that we have agreed to supply to you as set out on the Booking Form;
Slot/Opportunity means career experience offered by you to one or more Career Searchers;
Slot/Opportunity Listing means an advertisement of a Slot and its requirements posted by you on the Advertisements Page on our site;
Slot Listing Period means the period during which we shall provide the Services as set out on the Booking Form;
In these Host Company 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 Host Company Services Page, these Host Company 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 Host Company Services Page, these Host Company Terms and the Website Terms, the documents shall take precedence in the following order: (1) Booking Form, (2) Host Company Services Page and (3) these Host Company Terms and (4) the Website Terms (ranking in the order set out under Definitions above).
2.3 You can terminate or cancel the Contract only as set out in clause 11.1 or with our written agreement.
3. The Services
3.1 Subject to these Host Company Terms and in consideration of the offer by you to provide pre -career experience to one or more Career Searchers, we shall provide the Services to you during the Slot Listing Period.
3.2 We will not commence the provision of 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.
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 Host Company Material and/or require any of the Host Company 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 Our CSR Wall of Fame Page will share CSR stories and news information linked to CSR activity that you have paid for.
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 on the Host Company 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 sell or licence the Services to any third party without our prior written consent.
4.5 You shall deliver Host Company 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 Host Company Material (including, without limitation, Slot Listings and your Profile) 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 Host Company Material as envisaged by the Contract.
4.8 You authorise us to use and display Host Company 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 expressly agreed in writing by us.
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 Slot Listing provided by you.
4.13 You are responsible for carrying out all checks and procedures as are necessary to ensure that any Career Searcher who is selected for a Slot meets any criteria applicable to that Slot.
4.14 You shall notify us in writing immediately if, for any reason, it is not possible, permitted or appropriate for you to provide a Slot to Career Searchers. Such notification shall be by email to: email@example.com
4.15 You undertake and warrant that in offering and providing or carrying out any Slot you shall comply with all applicable laws, regulations and codes of conduct and practice.
4.16 You are responsible for fulfilling and dealing with any Slot or enquiries relating to the Slot or Slot Listing and you will indemnify and hold us harmless accordingly.
4.17 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:
4.17.1 obtain information for you to select a suitable Career Searcher for the Slot you are advertising;
4.17.2 obtain confirmation of the Career Searcher’s experience, training, qualifications or authorisation to undertake the Slot or that they wish to undertake the Slot;
4.17.3 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 Slot;
4.17.4 take any steps to ensure that it would not be detrimental to your interests for the Career Searcher to take up the Slot;
4.17.5 give you any indication as to whether a Career Searcher is suitable or unsuitable for any Slot in any circumstances;
4.17.6 propose Career Searchers to you or provide you with any information about them;
4.17.7 take up any references in respect of a Career Searcher.
5. Slots and Slot Listings
5.1 You warrant that:
5.1.1 your Slot Listing particulars and your Profile shall be accurate, honest and truthful;
5.1.2 your Slot Listing and your Profile shall not contain unnecessarily repeated words or phrases intended to cause a false positioning in the search results seen by a Career Searcher;
5.1.3 your Slot Listing and your Profile shall not contain links to your website (or the website of any third party) or any contact information without our prior written agreement; and
5.1.4 your Slot Listing and your Profile shall not promote any ‘get rich quick’, pyramid selling or network marketing opportunities or similar activities;
5.1.5 if you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973 (the Act)), your Slots and Slot Listings 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 Slots and the Slot Listings 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 providing a Slot to the Career Searcher.
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 each Career Searcher for a Slot and verifying the identity of such Career Searcher.
6.5 You undertake and warrant that you will deal fairly and professionally with all Career Searchers who respond to any Slot Listing posted by you.
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. 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.
9. Limitation of Our Liability
9.1 This clause sets out our entire financial liability to you in respect of:
9.1.1 any breach of the Contract;
9.1.2 any use by you of the Services; and
9.1.3 any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
9.2 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.
9.3 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.
9.4 We shall have no liability to check the suitability of any Career Searcher for a Slot or a Slot Listing.
9.5 We do not guarantee any response to your Slot Listing or that any responses will be from Career Searchers suitable for the Slot.
9.6 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.
9.7 We do not accept liability for loss of any Host Company Material.
9.8 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.
9.9 Subject to the provisions of this clause 9, our total liability to you in respect of any loss or damage under or in connection with the Contract shall not exceed £50.
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.
11.1 Either party may terminate the Contract immediately by written notice to the other party if the other party:
11.1.1 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
11.1.2 becomes insolvent, ceases to trade or operate, or goes into liquidation.
11.2 On termination of the Contract for any reason you shall immediately cease using the Services, permanently delete any login or access passwords and registration numbers for the Services and erase any Posting System Software.
11.3 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.
12. Our Right To Vary These Host Company Terms
12.1 We may revise these Host Company Terms from time to time in the following circumstances:
12.1.1 changes in relevant laws and regulatory requirements; and
12.1.2 changes in our business model.
12.2 Every time you use our Services, the Host Company Terms in force at that time will apply to the Contract between you and us.
12.3 Whenever we revise these Host Company Terms, we will keep you informed and give you notice of this by stating that these Host Company Terms have been amended and the relevant date at the top of this page.
13. 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.
14. No Amendment
No amendment, variation or modification to the Contract shall be deemed valid unless it is agreed in writing by the parties.
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.
16. 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.
17. No Partnership
Nothing in the Contract shall be deemed to create any kind of partnership or joint venture between you and us.
18. 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.
19. 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.
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.
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.
22. 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.