Candidate One (‘C1’) Website Terms of Use

 

1.	These terms and conditions (‘Terms’) relating to the services provided by C1 (an operating division of GCG plc) and this website candidateone.com (‘Site’) are deemed and agreed to be accepted by you, the C1 client/customer (‘Client’), to the exclusion of all others (save as described in Paragraph 3) upon the Client submitting and registering its details as a user of the Site. Any enquiries relating to these Terms or a Client’s usage of the Site should be sent to C1’s offices at Wrest House, Wrest Park, Silsoe, Bedfordshire, MK45 4HS. All variations shall either be in writing and signed by C1 and the Client, or shall be as amended and subsequently posted on the Site by C1; if the latter, the amended terms shall be deemed to have full force and effect as agreed between the Client and C1 replacing the former Terms from midnight of the day on which they were posted on the Site. It is agreed that C1 is free to change any aspect of its services and/or these Terms at any time, for any reason and without notice.
2.	No services which may be supplied by C1 to the Client, postings or advertisements shall be undertaken until such time as the Client has expressed their agreement to these Terms, either by registering with the Site or by C1 receiving by fax or post a printed copy of these Terms unamended in any way.
3.	C1 shall provide the Client with access to the Site for the Client to post advertisements for vacancies on the Site (subject to the standards described herein) and to receive the responses of applicants to such placed advertisements, together with other C1 services described in Paragraph 5 below (providing the Client provides all necessary information relating thereto), subject to these Terms and for no other purpose whatsoever. For the avoidance of doubt, the Site Terms of Use and Privacy Policy shall form part of these Terms. Placing of an advertisement is free and whilst C1 uses all reasonable efforts to maintain the continuity of the Site, it does not guarantee posting which may be delayed, incorrectly formatted or omitted for any reason. As advertisement placing is free, C1 is not obliged and will not make any compensatory payment to the Client for any such delay, incorrect formatting or omission.
4.	All details provided by the Client to C1 as a user of the Site shall be true, complete and accurate. The Client shall notify C1 promptly of any changes.
5.	Certain services that C1 can provide which are chargeable to the Client, such as advertising banners, are described in the information relating to ‘Rates and Services’ on the Recruiter Services section in the Site. The terms and conditions relating to such sales shall be those applying at the checkout page before sale. Paragraph 6 below. All charges are subject to VAT.
6.	All database rights in any part of the Site belong to C1 and the Client is not entitled or licensed (by C1 or GCG plc) to upload or extract CVs from the Site onto any of their proprietary websites with a purpose of selling, re-selling or otherwise distributing the same or disclosing them as a commercial (whether free or not) service to the users of such Client website.
7.	In relation to all material on the Site, the client agrees to be bound by the following:
	a)	the viewing and/or downloading by the Client of any material or CVs on the Site is solely for the Client’s personal, non-commercial use;
	b)	the Client shall not sell, re-sell, modify, transmit, display, make available, distribute or use any of the content of the Site or any CVs in the database (including those responding to the Client’s advertisements) for any public or commercial purpose. In particular, the Client shall not:
		i)	disclose any part of a CV on the Site or which has been submitted to the Site, or any details relating thereto sent by C1 to the Client to any third party;
		ii)	download or extract in any way any CV detail into any database (whether owned by the Client or not) except for the Clients’ own internal use in relation to the Client’s job and individual recruitment requirements;
		iii)	use the Site or any part of a CV to sell or promote any products or services or to source people to join a franchise, a club scheme, agency, distributorship or other business opportunity;
		iv)	make any unauthorised commercial use of the Site or any CVs on the database; and
		v)	send unsolicited mail, email or make telephone calls regarding products or services to any user of the Site.
8.	The Client is entirely responsible for (and absolves C1 of any responsibility for and indemnifies C1 against any claims arising therefrom);
	a)	the truthfulness, legality, decency, content, artwork and set-up of any vacancy forwarded to C1 by the Client or on its behalf or posted or intended to be posted by the Client on the Site;
	b)	ensuring the formatting of the Clients’ submitted vacancies to the Site comply with the Site’s then current technical and permitted standards;
	c)	obtaining the consent of any person whose name or pictorial representation may be used in any material used or posted by the Client or on its behalf on the Site;
	d)	ensuring it is properly notified as a data controller to the Office of the Information Commissioner to the extent required by law, and its compliance with all data protection legislation;
	e)	in relation to all responses and applicants to a vacancy (‘Applicant’), the verification of the Applicants’ responses generally, and in particular but without limitation, the checking of Applicants’:
		i)	identity, nationality and place of domicile and abode;
		ii)	eligibility to work;
		iii)	experience, training and qualifications;
		iv)	authorisations or permits required, by law or protocol;
		v)	references required to be obtained; and
		vi)	the fullness and accuracy of the information provided by an Applicant.
9.	The Client shall provide full and accurate details about itself (including whether it is an Employment Agency or Business in relation to the vacancy as defined by law) and the vacancy to Applicants, including without limitation, the nature of the role, the type of work, the start date, the hours, the experience or training required, location, the rates of pay/salary and benefits and notice periods. The Client agrees that it will at all times comply with the Conduct of Employment Agencies and Businesses Regulations 2003 and the Employment Agencies Act 1973 in relation to all vacancies it places on the Site, communications and otherwise dealing with Applicants and their responses to vacancies. The Client shall maintain suitable and complete records of all job applications for at least a year from the date the advertisement is posted on the Site.
10.	The Client shall be liable for and indemnify C1 against any losses, claims, demands, damages or proceedings suffered or sustained by or made against the Client or C1 by any third party in connection with any advertisement placed on the Site, the vacancy it refers to, any third party claim that any Client advertisement is a misuse of data under the Data Protection Acts, any matter referred to in clause 3, the non-compliance by the Client of clauses 4, 6, 7, 8, 9 and 11, anything contained in or attached to an Applicant’s response to a vacancy, or any act or omission of the Client or the Applicant in all their dealings.
11.	The Client will comply with the Data Protection Acts in relation to Applicants’ details, all anti-discrimination legislation (including, but not limited to, the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and the Employment Equality Act (Age) Regulations 2006).
12.	C1 reserves the right (and the Client agrees that it is reasonable to do so) to at any time (including immediately) and for any reason C1 thinks appropriate, to either:
	a)	remove any vacancy (particularly those that may be illegal, obscene, inappropriate, fraudulent, or which ask for fees, or are pyramid type schemes, or which are duplicated, or which advertise other services, websites, businesses etc); and/or
	b)	close or suspend (permanently or otherwise) any account, registration or agreement between C1 and the Client if (but without limitation) incomplete, incorrect or improper information or vacancies have been provided by the Client, or if the Client is acting illegally or is in breach of any of these Terms or abusing the Site.
	13.	By accepting these Terms, the Client agrees to (and grants licence to) C1 and GCG plc using any information the Client (or a person on the client’s behalf) submits to the Site in any manner related to C1’s and GCG plc’s activities. The Client also gives C1 and GCG plc its consent to send the Client or users of the Site emanating from the Client or utilising a Client email address particular information, news, updates and email-shots relating to C1 and GCG plc and the various services they can provide.