1 Introduction

1.1 These terms and conditions apply to the use of this web site, which is accessible via the following URL www.touchlinerecruitment.com (collectively the “Web Site”)

1.2 Your access to and use of the Web Site is governed by these terms and conditions and our privacy policy. If you are or become a Job Seeker or Recruiter (as those terms are defined below), your use of www.touchlinerecruitment.com Service(s) is subject to the additional terms and conditions set out below under the headings “Additional Terms for Recruiters” or “Additional Terms for Job Seekers” , as applicable.

1.3 Together, these terms and conditions, the privacy policy and, where applicable Additional terms for Recruiters and/or Additional Terms for Job Seekers shall be referred to as the“Agreement”.

1.4 Please read this Agreement carefully. By accessing and using the Web Site www.touchlinrecruitment.com, including any of the www.touchlinerecruitment.com Service(s) or Job Seeker Service(s) (as those terms are defined below), you are agreeing to be bound by Agreement. If you do not accept this Agreement then you must not continue to use the Web Site.

1.5 This Web Site is intended to be used by individuals who are aged 18 or over and we ask that if you are under 18 you do not submit any personal information to the Web Site or use the services offered through it. If you use this Web Site you must do so in compliance with this Agreement and we accept no liability so far as we are able for breaches of any local laws in your jurisdiction and by accepting this Agreement you acknowledge that it is your responsibility to ensure that any such laws are complied with.

1.6 Access to the Web Site www.touchlinerecruitment.com and to all the content and features available within it may be modified, suspended, withdrawn or discontinued at any time and without any prior notice or explanation.

2 Contact

Should you have any queries about these terms and conditions or www.touchlinerecruitment.com generally, we can be contacted via the following methods:
Email: info@touchlinerecruitment.com

3 Nature of Our Web Site www.touchlinerecruitment.com

3.1 The Web Site www.touchlinerecruitment.com is designed so that both those looking for a job (“Job Seekers”) and those person(s) or organisations with whom contact is made or who use our Web Site seeking to fill a vacant position (“Recruiters”) in relevant industries can be brought together.

3.2 A Recruiter can enrol or either contact us for potential (“Job Seekers”) or use our services to recruit on the (“Recruiters”) behalf.

3.3 A Job Seeker who registers on the Web Site can receive notification by email of jobs that match his/her specific job type specification (the “Job Seeker Service(s)”).

3.4 In order to use these services, Job Seekers and Recruiters must register on the Web Site and agree to comply with the Additional Terms for Recruiters or Additional Terms for Job Seekers, as applicable.

4 Intellectual Property Rights

4.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the design, content and arrangement of this Web Site www.touchlinerecruitment.com (including its text and graphics, all software compilations or underlying source code, and all other material on the Web Site) shall remain at all times owned by www.touchlinerecruitment.com or our licensors. You are permitted to use this material only as expressly authorised by www.touchlinerecruitment.com

4.2 Reproduction of this Web Site www.touchlinerecruitment.com or any part of it, in any form is prohibited except that you may:
(a) print or download to a local hard disk extracts for your personal use; and
(b) copy the content to individual third parties for their personal information, provided that you acknowledge the Web Site as the source of the material and you inform the third party or parties that these terms apply and they agree to comply with them.

4.3 Provided that your use is for non-commercial purposes only, you may incorporate limited content or material from the Web Site (for example, one article) on your blog or other web site, on the condition that you include the following attribution prominently alongside each use of such content or material: “Supplied courtesy of www.touchlinerecruitment.com) together with a hyperlink to the Web Site. No copying of any content or material on the Web Site for any business or commercial use is allowed without the express written consent of one of the www.touchlinerecruitment.com

5 Information & Content

5.1 The information contained on this Web Site (including any guides, surveys, articles or reports) is compiled and/or made available in good faith and reasonable efforts have been made to ensure that it is accurate and up to date. However, www.touchlinerecruitment.com) gives no representation or warranty in respect of such information and all such representations and warranties, express or implied, are excluded.

5.2 We do not warrant that the content of this Web Site and any downloads are virus free and we recommend that you carry out your own virus checks and keep your anti-virus and other security software up-to-date.

5.3 Where information published on the Web Site is supplied by third parties, this does not signify that www.touchlinerecruitment.com controls or endorses such content, or accepts responsibility for the accuracy or otherwise of the information.

6 User Generated Content

6.1 www.touchlinerecruitment.com may now or in the future provide you with the ability to contribute to the Web Site by creating personal webpages featuring information about you and/or uploading your own user generated content, such as photos, notes, attachments (documents) (together, “UGC”).

6.2 You are solely responsible for all UGC which you choose to upload to the Web Site (and/or which is uploaded using your account). You may not upload UGC which you did not create or that you do not have permission to upload. You retain ownership of the copyright and any other rights you already hold in UGC which you submit, post or display on or through this Web Site.

6.3 By submitting, uploading or displaying the UGC you give www.touchlinerecruitment.com a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence (with the right to sub-license) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any UGC which you submit, post or display on or through, the Web Site for any purpose, commercial, advertising, or otherwise, on or in connection with this Web Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such UGC, and to grant and authorise sublicensees of the foregoing.

6.4 You warrant and represent to www.touchlinerecruitment.com that you have all the rights, power and authority necessary to grant the above licence. You shall fully indemnify and keep fully indemnified www.touchlinerecruitment.com against any and all actions, costs, claims, demands, damages, expenses (including legal fees), liabilities, losses and proceedings arising out of or in connection with any UGC including, without limitation, any claim by a third party that the use by www.touchlinerecruitment.com of UGC uploaded by you infringes the intellectual property rights of that third party.

6.5 www.touchlinerecruitment.com reserves the right, without further notice to you, to pre-screen, monitor, review, modify, refuse and/or remove any or all UGC available on or submitted/uploaded to the Web.

6.6 www.touchlinerecruitment.com is intended for use by those 18 years and over. For child safety reasons we ask that users do not include any UGC which includes a photo or description of children.

7 Web Site Links

7.1 Where links to other external web sites are published on this Web Site, this is not intended to signify that www.touchlinerecruitment.com has reviewed or endorses such Web Sites and/or their content and www.touchlinerecruitment.com accepts no responsibility for the content of any linked web site. The use of any links to these web sites is entirely at your own risk and it is your responsibility to check and comply with the terms and conditions of any linked web sites visited.

8 Your use of this Web Site

8.1 You agree to use this Web Site responsibly. You will not use this Web Site for any unlawful purpose and will not supply, post or publish any information (including, without limitation, UGC) that is discriminatory, defamatory, obscene or offensive, or in any other way illegal or unlawful. All information you provide will be true, accurate, complete and up to date and will not mislead or be likely to mislead www.touchlinerecruitment.com or any third party for which the information is intended, including, without limitation, other users of this Web Site.

8.2 You will take all reasonable steps to ensure that all information and data files you supply, post or publish to the Web Site are free of viruses, Trojan horses, worms, engines, routines or any form of malicious coding and you will not attempt in any way to damage, disrupt, modify or otherwise interfere with the proper and intended operation of this Web Site.

8.3 www.touchlinerecruitment.com may terminate or suspend your use of the Web Site at any time and without warning.

9 Liability & Disclaimer

9.1 Nothing in this Agreement shall limit or exclude www.touchlinerecruitment.com liability (if any) for fraud, for personal injury or death caused by www.touchlinerecruitment.com negligence, or for any other matter or other type of liability which cannot by law be excluded or limited.

9.2 We do try to ensure that all materials, questions and information published on our Web Site are accurate. However, you acknowledge that we are reliant on the information provided by Recruiters and Job Seekers and have no independent means of verifying the accuracy of this information and do not check its authenticity.

9.3 All materials and information on our Web Site are provided on an ‘as is’ basis. We exclude all implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any material posted on this Web Site by a Job Seeker or a Recruiter or any information or service provided through our Web Site, in each case to the fullest extent permitted by applicable law.

9.4 We accept no liability for any indirect or consequential loss or damage, or any loss of data, loss of profit, revenue or business (whether direct or indirect in each case), suffered by you arising out of your use of this Web Site, the Job Seeker Service(s), the Recruiter Service(s) and/or the reliance upon any content published, posted or supplied on this Web Site, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, even if foreseeable, to the fullest extent permitted by applicable law.

10 Infringement of Intellectual Property Rights

www.touchlinerecruitment.com respects the intellectual property rights of others. www.touchlinerecruitment.com does not knowingly feature any material on the Web Site, which infringes another’s intellectual property rights. If you believe that any material on the Web Site infringes your intellectual property rights please notify the Web Site Manager by email giving full details of the alleged infringement (including details of your ownership or licence of such rights) along with your name and contact details. We respond promptly to all valid requests to remove infringing material and we will seek to disable the accounts of repeat infringers.

11 Notices

11.1 All notices shall be sent to www.touchlinerecruitment.com email any such notice will be deemed to have been received if sent by email: 3 days after the date of emailing.

11.2 All notices shall be sent by email that you provided during the registration process. Any such notice will be deemed to have been received by email: 24 hours after sending or else on the next business day if it is sent on a weekend or a public holiday in the place of receipt:

12 General

12.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under this Agreement at any time.

12.2 We may alter this Agreement from time to time and post a new version on our Web Site, following which all use of our Web Site will be governed by that version. The Parties must check the terms and conditions on the Web Site regularly.

12.3 If any provision or terms of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever under any applicable jurisdiction such terms or provisions shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

12.4 Failure by either party to exercise any right and remedy under this Agreement does not constitute a waiver of that right or remedy.

12.5 These terms and conditions do not confer any rights on any third party pursuant to and in accordance with the Contract (Rights of Third Parties) Act 1999.

12.6 These Terms of Use, the privacy policy and, where applicable, the Terms and Conditions for Recruiters and/or Terms and Conditions for Job Seekers, form the entire agreement between you and us in relation to your access to and use of the Web Site and the Recruiter Service(s) and/or Job Seeker Service(s).

12.7 You agree that you have not entered into this Agreement or any agreement or document entered into pursuant to this Agreement in reliance upon any statement, representation, covenant, warranty, undertaking or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) except as expressly set out in this Agreement.

12.8 The Agreement and the use of our Web Site are governed by and construed in accordance with the laws of England.

12.9 The Parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales, save in respect of enforcement, in which case jurisdiction shall be non-exclusive.

Additional Terms for Job Seekers

The terms set out in this section only apply to Job Seekers.

1 Vetting

1.1 We have not vetted, interviewed or carried out any background checks of any kind on any of the Recruiters who post positions through our Web Site and for the avoidance of doubt we do not make any representation or give any warranty for the accuracy or fitness for purpose of any information on the Job Seeker Service(s) and the use made of any information provided by you passed to Recruiters and we accept no liability whatsoever, to the fullest extent permitted by applicable law, in respect of your employment with a Recruiter deemed suitable by you. If you have any concerns then these must be dealt with directly between you and the Recruiter.

1.2 We do carry out checks on you and these will also be undertaken by the Recruiters if they decide to employ you. It is unlawful for you to live and work in the United Kingdom or the particular country to which this website applies without the correct permissions. We accept no liability for Job Seekers who do not hold relevant work visas, residency status or appropriate permissions to work in the United Kingdom or the country in question.

1.3 Once you have registered your details with www.touchlinerecruitment.com You are deemed and bound by the terms and conditions laid out in this agreement.

1.4 Once a Job Seeker has registered any Recruiter who contacts us www.touchlinerecruitment.com they agree to the terms and conditions set out in this agreement. To access the online Recruiter Service(s) www.touchlinerecruitment.com Recruiters will be charged a fee of 5% (five percent) of the Job Seekers total contract worth once a position has been found and terms have been agreed with a Recruiter. By using our services you agree to these terms and conditions.

2 Conditions of Access for Job Seekers

2.1 Access to the e-mail service offered through our Web Site is dependent on a Job Seeker’s registration being accepted by us. The Job Seeker must complete the enrolment accurately and include all required relevant information. If we are notified by any source that any of the information supplied by the Job Seeker is false, then we will remove the information from the Web Site and notify any relevant authorities which we deem suitable. We may terminate or suspend your use of the Job Seeker Services at any time acting in our sole discretion.

2.2 Job Seekers must ensure that their password is kept confidential and they must not allow any other third party to use it. If we suspect that a Job Seeker has breached this sub-clause, we may change the password or suspend the Job Seeker’s access to the Job Seeker Services.

2.3 A Job Seeker’s account details and password are personal to him/her and it is his/her responsibility to keep this information secure. The Job Seeker will be liable for all actions performed using its account details and password.

2.4 You are responsible for ensuring that your computer(s) system meets all relevant computer(s) specifications necessary to use the Job Seeker Service(s) and is compatible with our Web Site.

3 Information Provided by Job Seekers

3.1 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and contact details, to the extent reasonably necessary to provide the Job Seeker Service(s). Information collected by us shall be referred to in these terms and conditions as, “Personal Information”.

3.2 You agree that upon completion and submission of the enrolment process all Personal Information you have provided will be forwarded directly to the relevant Recruiters that you select. By accepting this Agreement, you agree to the processing and disclosure of the Personal Information for the purposes set out above and those stated in the privacy policy. You also agree that any such use may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our Web Site, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email us from the contact page on the Web Site or modify the Personal Information online.

3.3 You must ensure that the Personal Information you provide is accurate and complete and that all contact details contain your correct name and other request details.

3.4 For more information about how we deal with your Personal Information, please read our privacy policy the terms of which are expressly incorporated by reference.

3.5 We have the right to monitor any information provided by you and may edit, reject or remove such information if we believe it is offensive or objectionable in any way and you warrant that the information you provide is not defamatory or in any way unlawful, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their content is or may be inappropriate.

4 Liability

The following provisions are in addition to those contained in the section headed “Liability & Disclaimer” in the www.touchlinerecruitment.com terms and conditions above.

4.1 You agree to indemnify us against all costs, claims, demands or expenses incurred or made by us as a result of a breach of this Agreement by you or howsoever arising in connection with your use of the Web Site and/or the Job Seeker Service(s).

4.2 If we are liable to you under or in connection with this Agreement and/or the Job Seeker Service(s) for any reason, our aggregate liability will not exceed the greater of £200 (two hundred pounds) and the amount paid by you for the Job Seeker Service(s) in the year in which such liability arose.

Additional Terms For Recruiters

The terms set out in this section only apply to Recruiters.

“Recruiter(s)” means any person, company, organisation, agent, third party or firm which purchases any recruitment products and services made available by us.

“Services” means all recruitment and advertising products and services made available by us from time to time.

“Enquiry” means an Enquiry for our Services on our website (in any format) and agreed under the terms and conditions of this agreement by a Recruiter.

“Database” means all www.touchlinerecruitment.com member profiles for both individuals and organisations.

1 Vetting

1.1 We accept no liability whatsoever in respect of the placement of a Job Seeker deemed suitable by you to the fullest extent permitted by applicable law.

1.2 We accept no liability for Job Seekers who do not hold relevant work visas or residency status. You warrant and undertake to us that you will carry out all the relevant background checks to confirm that the Job Seeker has all the appropriate permissions to work in the United Kingdom or the country in question.

2 Payment by Recruiters

2.1 Once the Recruiter has requested information from www.touchlinerecruitment.com they agree to the terms and conditions set out in this agreement. To access the online Recruiter Service(s) www.touchlinerecruitment.com Recruiters will be charged a fee of 5% (five percent) of the Job Seekers total contract worth and by using our services you agree to these terms and conditions.

2.2 Recruiters must pay in advance for certain Services that require pre-payment either by using the BACS system, the online payment system or by cheque at the time of the Recruiter’s request.

2.3 We will not commence the provision of Services pursuant until the Recruiter has agreed to the terms and conditions laid out in this agreement. This will be made once an initial request has been submitted by the Recruiter.

2.4 Recruiters will make a one off payment for the use of our www.touchlinerecruitment.com online service(s).

2.5 Payment will be made no later than 28 days after the Job Seeker has signed a contract or agreed with the terms and conditions.

2.6 The (5%) Five percentages fees is based on the overall contract worth and is the fees in force at the date and time of the Recruiter’s request. We may change these (%) percentage fees before a Recruiter places a request.

2.7 (%) percentage fees are guaranteed for the period once the request has been made. (%) percentage fees are confidential and may not be disclosed by the Recruiter.

2.8 The prices are inclusive of VAT or any other applicable taxes which must be paid in addition by the Recruiter.

2.9 All invoices are payable within 28 days from invoice date. Late payment will entitle us to charge interest and will be payable on late payments at a rate of 3% above HSBC’s base rate from time to time.

2.10 We are entitled to refuse any enquiry placed by a Recruiter. If a Recruiter’s enquiry is accepted, we will confirm acceptance to the Recruiter by online electronic means to the email address which the Recruiter gave on registration. The online service will be made available to Recruiters via email on confirmation.

2.11 Once a Recruiter has made an enquiry through www.touchlinerecruitment.com if a Recruiter uses a third party our full fees will still apply.

2.12 Recruiters undertake that all details they provide to us for our Services will be correct, that the account details, cheque, credit or debit card or any electronic switch (whichever is applicable) that Recruiters use to pay for our services is their own and there are sufficient funds or credit facilities to cover the cost of any fees. We reserve the right to obtain validation of a Recruiter’s credit or debit card details before providing Recruiters with any Services.

2.13 Recruiters agree that should any payment, or part of any payment, by credit or debit card be refunded by Visa, Mastercard or any financial or banking institution, or for whatever reason not be received by www.touchlinerecruitment.com they will pay the full amount, or balance of the full amount, of our service using another payment method within 5 working days. Late payment will entitle us to charge Interest on late payments at a rate of 3% above HSBC’s base rate from time to time.

3 Conditions of Access for Recruiters

3.1 Access to the Web Site is conditional upon registration and payment confirmation.

3.2 Registration – Recruiters must accurately fill out the online registration form with all the relevant requested details.

3.3 Once a request to www.touchlinerecruitment.com from the Recruiters has been made any Job Seekers that is registered with us is contracted by the Recruiters our full fees will still apply.

3.4 Upon request from the Recruiter to www.touchlinerecruitment.com has been received and the Recruiter does not contract any of our registered Job Seeker(s) then our fees do not apply.

3.5 You are responsible for ensuring that your computer(s) system meets all relevant computer specifications necessary to use the Recruiter Service(s) and is compatible with our Web Site.

4 Information Provided by Recruiters

4.1 The following applies to any information you provide to us, for example, during any registration or ordering.

4.2 You authorise us to use, store or otherwise process any Personal Information to the extent reasonably necessary to provide the Services.

4.3 You as a Recruiter are solely responsible in all aspects for all use of Personal Information supplied directly to you by Job Seekers in the form of applications and curriculum vitaes. You are solely responsible for ensuring that you hold the requisite data protection registrations or equivalent in any applicable jurisdiction and that you fully comply with the Data Protection Act 1998 including without limitation the provision of secure storage and processing for the Personal Information of Job Seekers.

4.4 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or contact details contain your correct name and other request details.

4.5 For more information about how we deal with your Personal Information, please read our privacy policy.

4.6 By accepting this Agreement, you agree to the processing and disclosure of the Personal Information for the purposes stated in the privacy policy. You also agree that any such use may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our Web Site, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email us from the contact page on the Web Site or modify the Personal Information on-line.

5 The Use Of www.touchlinerecruitment.com Member Profiles and Database

5.1 Database rights, including but not limited to the www.touchlinerecruitment.com member profiles, and all other applicable copyright and intellectual property rights in the database belong to www.touchlinerecruitment.com You acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its Content is governed by these terms and conditions.

5.2 The material you are entitled to receive from our database is determined by the request to www.touchlinerecruitment.com

5.3 On receipt of this database material you may:

(a) Use, search or download it to your database using the People Search back office interface and its associated functions for the purpose of finding suitable candidates for specific job vacancies that you or (if you are a recruitment/employment agency or recruitment/employment business) your client wish to fill; or

(b) Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through www.touchlinerecruitment.com depending on the enquiry that you have requested) in relation to a specific job vacancy; or

(c) Use the information only in connection with your own recruitment-related activities.

5.4 You may not use the database to:

(a) Supply, sell or license material from the database, or a copy of it, to any other person, including another member of your group of companies; or

(b) Download the database through any automated (eg ‘scraping’) process

(c) Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies. You must, at all times, comply with the Data Protection Act 1988 and all subsequent legislation and regulations, or the equivalent data protection legislation for the country in question through which you are accessing the Web Site.

5.5 You agree to delete all material from the database upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable candidate, whichever occurs first.

5.6 You agree to deal fairly and professionally with individuals you may contact using information from the database and not do anything which may bring www.touchlinerecruitment.com into disrepute. You will indemnify www.touchlinerecruitment.com from and against any claim brought by an individual against www.touchlinerecruitment.com arising from your breach of this obligation or any other of these terms and conditions.

6 Liability

The following provisions are in addition to those contained in the section headed “Liability & Disclaimer” in the www.touchlinerecruitment.com terms and conditions above.

6.1 You agree to indemnify us against all costs, claims, demands or expenses incurred or made by us as a result of a breach of this Agreement by you or howsoever arising in connection with your use of the Web Site and/or the Recruiter Service(s).

6.2 If we are liable to you under or in connection with this Agreement and/or the Recruiter Service(s) for any reason, our aggregate liability will not exceed the amount greater of £200 (two hundred pounds)

7 Miscellaneous

7.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

7.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

7.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999. [back]
June 2014