Terms and Conditions
1. Introduction. Please read this web page carefully. It contains the Terms and Conditions governing your access to and use of the CareerBuilder Web Site. Your use of the services and facilities of the CareerBuilder Web Site indicates your acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site.
If you are a Job Seeker using the Site, any terms in these Terms and Conditions or Exhibits that are expressed to apply solely to Employers do not apply to you.
If you are an Employer using the Site, you may have also entered into a Service Agreement with CareerBuilder, in which case these Terms and Conditions, including the Exhibits attached hereto but excluding any terms that are expressed to apply solely to Job Seekers, are part of and incorporated into that Service Agreement.
2. Binding Agreement. These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by CareerBuilder) form a binding agreement (the "Agreement") between you and CareerBuilder.
3. Certain Definitions. The following definitions apply to this Agreement:
"CareerBuilder" means CareerBuilder UK Limited, a company registered in England and Wales under company number 05609091 and whose registered office is at 13-21 Curtain Road, London, EC2A 3LT
"CareerBuilder Web Site" or the "Site" means www.careerbuilder.co.uk in its entirety including its Content and Services as applicable in the context.
"Content" means all Text, Graphics, Design and Programming used on the Site.
"Design" means the colour combinations and the page layout of the Site.
"Document" means any posting to the Site by a User, including details of a job or CV.
"Employer" means a person or entity that is accessing the Site to post a job or for any reason related to the purpose of seeking candidates for employment.
"Graphics" means all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Job Seeker" means a User who is accessing the Site to search for a job.
"Services" means any services provided on the Site by CareerBuilder or its agents.
"Text" means all text on every page of the Site, whether editorial, navigational, or instructional.
"User" refers to any individual or entity that uses any aspect of the Site.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Acceptable Use of the Site.
4.1 General Use Rules. The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may only use this Site in an honest manner for lawful purposes that are within CareerBuilder's intended and acceptable uses of the Site.
4.2 License to Use by Users who are Job Seekers. CareerBuilder hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use in seeking employment opportunities for yourself. In connection with your exercise of this licence, you may only view and download a single copy of the material on the Site and you may not sell, transfer or otherwise make such material available to a third party.
You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting.
4.3 License to Use by Users who are Employers. CareerBuilder hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use in seeking candidates for employment. In connection with your exercise of this license, you may only view and download a single copy of the material on the Site and you may not sell, transfer or otherwise make available such material to a third party without the express written authorisation of CareerBuilder.
If you are authorised to use the CV Database then you are also subject to the CV Database Terms and Conditions.
You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting.
4.4 House Rules for Posting, Conduct and Security. You agree to comply with the "House Rules" for posting, conduct and security on the Site, which are attached hereto as Exhibit A.
5. Intellectual Property Rights. Other than Documents created by a User, the Site and all right, title and interest in and to the intellectual property in the Site is the sole property of CareerBuilder or its licensors. Except for the limited licenses expressly granted to you in these Terms and Conditions, CareerBuilder reserves for itself and its licensors all other right, title and interest.
6. Disclaimers and Limitations on CareerBuilder's Liability.
6.1 Allocation of Responsibility CareerBuilder provides the Site as an open forum in which Job Seekers can seek Employers, and Employers can find Job Seekers. In doing so, CareerBuilder does not screen or monitor the background, conduct, suitability, reliability or trustworthiness of any User and does not review or verify the content of any Documents posted by a User. It is the responsibility of each User to take such steps as any prudent person would ordinarily take when deciding whether to act on a Document posted by another User, whether to disclose information to another User, whether to give or attend an interview, and whether to give or accept a job offer.
If notified by a User of a Document or activity which allegedly does not conform to this Agreement, CareerBuilder may investigate the allegation and determine in good faith and in its sole discretion whether to take any action in relation to a User or in relation a Document posted by a User.
6.2 No endorsements by CareerBuilder. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3 No Guaranty of Results. CareerBuilder is not an employment agency or a recruiting firm. It cannot guarantee that the use of this Site will result in a Job Seeker being hired or a position being filled. CareerBuilder is not responsible for the employment decisions that are made by a User nor for the reasons or manner in which those decisions are made.
6.4 Service Availability. CareerBuilder will use all reasonable efforts to ensure that the Site is available and fully functional on a continuous basis. Notwithstanding those efforts, there will be times when the Site or certain facilities within the Site are unavailable due to failures in or scheduled maintenance of our IT systems or the IT systems of third parties on whom we rely in making the Site available. Thus, CareerBuilder excludes liability for any loss or damage that may occur to a User in these circumstances.
6.5 Security.CareerBuilder will use all reasonable efforts to ensure that the Site is free from viruses and that no person obtains unauthorised access to or use of any Document or personal information. As there is no such thing as infallible security, CareerBuilder cannot guarantee that these efforts will be entirely successful all of the time. Thus, CareerBuilder excludes liability for any loss or damage that may occur to a User as a result of CareerBuilder's reasonable efforts not being successful.
6.6 No Additional Warranties. Other than as expressly provided for in these Terms and Conditions, the Site is provided on an "as is" basis without any additional warranties of any kind
6.7 Claims concerning this Agreement. Clause 6.10 of these Terms and Conditions sets out the entire financial liability of the CareerBuilder (including any liability for the acts or omissions of its employees, agents and sub-contractors) in respect of:
(a) any breach of the Agreement; or
(b) any representation, statement or tortious act or omission including negligence arising under or in connection with the Agreement.
6.8 Exclusion of Implied Terms. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Agreement.
6.9 Matters not Excluded. Nothing in these conditions excludes or limits the liability of CareerBuilder:
(a) for death or personal injury caused by the negligence of CareerBuilder; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for CareerBuilder to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
6.10 Limitation of Claims. Subject to clause 6.9:
(a) the total liability of CareerBuilder in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Agreement shall be limited to the total sum of any monies paid by the User under the Agreement or, where no monies have been paid, to £100; and
(b) CareerBuilder shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Agreement.
7. Termination and Suspension. If you are an Employer, subject to clause 8 below, you may not terminate this Agreement.
If you are a Job Seeker, you may terminate this Agreement at any time by giving written notice to CareerBuilder and CareerBuilder may terminate this Agreement at any time by giving written notice to you.
CareerBuilder may suspend your access to or use of the Site where CareerBuilder reasonably deems it necessary to do so in order to protect the interests of CareerBuilder or any other User. CareerBuilder shall not be obliged to give you prior notice of any such suspension, and the suspension shall endure for such period as CareerBuilder reasonably believes is necessary in order to protect the interests of CareerBuilder or any other User.
8. Payment of Services upon Termination by an Employer of a Service Agreement.If at any time during the course of this Agreement you should terminate a Service Agreement in which these Terms and Conditions have been incorporated by reference, but excluding termination for breach of this Agreement or the Service Agreement by CareerBuilder, CareerBuilder shall reserve the right to receive all payments from you for the Services used by you up to termination in cases in which such termination is expressly permitted by the terms of the particular Service Agreement, and, in addition, for fifty percent (50%) of the remaining unused portion of the Service Agreement in cases in which such termination is not expressly permitted.
9. Links to Other Sites. CareerBuilder contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by CareerBuilder of the contents on such third-party web sites. CareerBuilder is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
10. Indemnity. You agree to defend, indemnify, and hold harmless CareerBuilder (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) which result from any Document posted by you infringing the rights of any third party (including by way of defamation or infringement of intellectual property) or which result from you failing to comply with any applicable employment legislation. CareerBuilder shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
12. Questions and Notices. Questions concerning the use of the Site should be directed to Feedback. Notices shall be sent, for CareerBuilder, to the address listed on the Site, and, for you, to the address submitted by you or such other address as CareerBuilder reasonably determines is an appropriate address for you.
13. General. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access CareerBuilder from outside of the United Kingdom, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Agreement, if you have one, are governed by the laws of England. Jurisdiction for any claims arising under this Agreement or your Service Agreement shall lie exclusively with the English Courts. The sole relationship between You and CareerBuilder is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your rights or obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. No term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party
Exhibit A - House Rules regarding Posting, Conduct and Security
CareerBuilder is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Site suspended or terminated, at CareerBuilder's discretion. CareerBuilder reserves the right to change these rules from time to time.
A1. Posting Rules:
(a) Your Document may not contain: (i) URLs or links to Web sites (to advertise your company or Web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) anything that is sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful; or (vi) anything that is embarrassing or offensive to another person or entity.
(b) You may not use your Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (including, but not limited to, Email Processors, Project 21, franchises, "club memberships," distributorships, or anything requiring a monetary investment by the User, including a request for payment to obtain job listings); (iv) post chain letters or pyramid schemes; or (v) post opinions or notices, commercial or otherwise.
(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted. Documents from any third party charging a fee or restricting complete access to all CV information are prohibited.
(d) CV postings must contain the accurate CV of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(e) CareerBuilder is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at CareerBuilder's discretion.
A2. Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the employer's business by our competitors are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify CareerBuilder immediately of any unauthorized use of your registration and password.
(d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time during the term of this agreement CareerBuilder comes to the understanding that you: (i) misled CareerBuilder of your business practices and/or services, or (ii) purchased services that do not represent your precise business, CareerBuilder reserves the right to terminate this agreement.
(g) CareerBuilder is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported.
A3. Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorised to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or criminal liability. CareerBuilder will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.