TERMS AND CONDITIONS FOR SELF-UPLOADING JOB ADVERTISMENTS
Advertisements ("Advertisements") for inclusion on the Guardian Recruitment Solutions website located at: http://www.jobs.guardian.co.uk ("Website") are accepted subject to these terms and conditions ("Terms") and the current Standard Conditions of Insertions of Advertisements in Newspapers of the Newspaper Publishers Association ("NPA Conditions") which are incorporated herein with the exception of Clauses 9, 10 and 11. A copy of the NPA Conditions is available on request. In the event of any inconsistency between these Terms and the NPA Conditions, these Terms shall prevail.
Advertisers (meaning any person placing an Advertisement on the Websites whether they are the advertiser of the position referred to in the Advertisement or the advertising agency or media buyer for such advertiser) are entitled to access and use this service for self-uploading recruitment advertisements ("Service") subject to their compliance in full with these Terms.
By using this Service and placing any Advertisement on the Websites, the Advertiser accepts and agrees to be bound by these Terms in full.
Access to the Service
Guardian News & Media Limited ("GNM") allows you to access this Service on the basis that:
(i) your password is personal to you and may not be used by any third party to access the Service or otherwise shared with or disclosed to any third party. If you become aware that any third party has access to your password, you will immediately notify GNM and GNM shall provide you with a new password as soon as reasonably practicable. You shall at all times ensure that your password is safe and secure;
(ii) you will not do anything which would assist anyone who is not a registered user of the Service to gain access to it;
(iii) you do not maliciously create additional accounts for the purpose of abusing the functionality of the site, or other users nor do you seek to pass yourself off as another user;
(iv) whilst you will be solely responsible for uploading your Advertisements, publication of any Advertisement remains at GNM's sole discretion and GNM reserves the right without liability to the Advertiser to make additions, amendments or deletions to the content of any Advertisement if such Advertisement is considered to contain any unsuitable material or material which is contrary to these Terms;
(v) you grant us a non-exclusive, perpetual, royalty-free, worldwide licence to publish the Advertisements in any format, including without limitation print and electronic format;
(vi) the Advertiser grants GNM a royalty fee non-exclusive licence to publish the Advertisements and to use such of the Advertiser's names, trade marks and/or logos as GNM may consider necessary in connection with the publication of the Advertisements; and
(vii) if, for any reason, we believe that you have not complied with these Terms or are abusing the Service in any way, GNM may, at its discretion, cancel, suspend or otherwise restrict your access to the Service immediately and without giving you any advance notice and remove any Advertisements posted by you.
Your Use of the Service
You will be responsible for ensuring that all information in relation to any Advertisement is correct including the content of the Advertisement, the duration for which the Advertisements should be available on the Websites and the categorisation of the Advertisement.
In addition to the warranties set out in the NPA Conditions, the Advertiser hereby warrants, represents and undertakes to GNM that:
(i) the Advertisements are not contrary to the provisions of any applicable law or regulation, are not libellous, blasphemous, racially inflammatory, offensive or obscene in any way and do not contravene any third party rights (including without limitation any intellectual property rights);
(ii) without limiting paragraph (i) above, the Advertisements will comply with GNM's Equal Opportunities Guidelines http://www.careersatgnm.co.uk and such other guidelines as GNM may notify to the Advertiser from time to time;
(iii) it has or will have obtained prior to uploading any Advertisements all necessary rights, consents, licences, clearances and waivers in relation to the Advertisements (and all content thereof) to enable GNM to publish the Advertisements on the Websites and, as between GNM and the Advertiser, the Advertiser shall be solely responsible for any and all payments due to third parties as a result of such publication;
(iv) the Advertisement will not be prejudicial to the image or reputation of GNM or the Websites;
(v) nothing contained in the Advertisements will constitute an invitation or inducement to engage in investment activity within the meaning of the Financial Services and Markets Act 2000;
(vi) all Advertisements submitted for publication online will be free of any viruses (meaning any computer code, programming instruction or set of instructions that is intentionally and specifically constructed with the ability to damage, interfere with or otherwise adversely affect computer programs, data files or hardware) and no Advertisement shall cause any adverse effect in the operation of the Websites such that the whole or part of such sites shall be wholly or partially unavailable to users;
(vii) the Advertiser has complied and will comply with the terms of the Data Protection Act 1998 and has and will comply with all relevant requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any guidance issued by the Information Commissioner in relation to obtaining, storing and using any personal data derived from responses to the Advertisement(s) or otherwise in connection with your use of the Service; and
(viii) the Advertiser will not send directly or indirectly, a cookie (meaning a packet or piece of data or other information sent by a web server to a client device, to be stored on that client device and which is sent back to that web server each time the client device makes additional requests from that web server) to the device of any user of the Website who accesses the Advertisement, irrespective of whether any such device has been enabled by such user to receive cookies.
GNM reserves the right in its sole discretion and without liability to the Advertiser to remove or reject any Advertisement that it considers unsuitable or contrary to these Terms and to remove or reject any Advertisement for any Advertiser who has not paid any sums due for any advertising on any of the Websites. The Advertiser shall remain liable for all charges. Any acceptance of an Advertisement by GNM shall not be deemed to constitute an acceptance by GNM that such Advertisement is provided in accordance with these Terms and shall not constitute a waiver of GNM's rights hereunder.
Payment
All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the rate card on the date of publication, save where other rates have been expressly agreed in writing between any Advertiser and GNM. Payment shall be made by credit/debit card at the time your Advertisements are uploaded onto the Service. GNM accepts the following cards: Visa, Mastercard, Switch, Solo and Maestro. All payments shall be made sterling and without deduction or withholding of any fund, other than as required by law. All rates are subject to addition of VAT and/or other applicable sales or other taxes (VAT No. 145774445).
Liability
In the event that GNM's publication of the Websites is restricted, curtailed or prevented by any applicable law or regulation or any other act or thing beyond GNM's control, GNM may terminate this Agreement forthwith (in whole or in part) without prejudice to GNM's right to be paid any monies due as at the date of termination.
GNM accepts no liability for any delay or disruption whilst using the Service or for any loss or damage to any Advertisement copy or any loss or damage caused by any error or technical fault in respect of the uploading of any Advertisement using the Service.
GNM shall not be responsible for any addition or amendment to, deletions from, delays in publication or withdrawal of any Advertisements required by any competent authority having responsibility for the regulation of online recruitment advertising or otherwise by GNM pursuant to these Terms.
GNM does not guarantee the continued and uninterrupted availability of the Service and accepts no liability for any unavailability including without limitation due to technical errors or faults. In any event, GNM shall have no liability for any failure or delay affecting the transmission of any Website and any Advertisements incorporated in it, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of GNM.
GNM shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for any economic losses (including without limitation, loss of revenues or profits, contracts, business or anticipated savings), any loss of goodwill or reputation or any indirect or consequential losses (in each case whether or not such losses were within the contemplation of the parties at the date the order was placed) suffered or incurred by the Advertiser arising out of or in connection with any matter hereunder. For the avoidance of doubt, nothing in these Terms shall operate to limit or exclude GNM's liability for death or personal injury resulting from its own negligence or for fraud. The Advertiser will indemnify GNM and agrees to keep GNM indemnified on demand against all claims, costs, proceedings, demands, losses, damages, expenses or liability (including without limitation any consequential losses or loss of profit and any legal fees) whatsoever arising directly or indirectly as a result of any breach or non-performance or non-observance of any of the representations, warranties or other terms contained herein or implied by law and/or the use or publication of the Advertisement by GNM in accordance with these Terms.
Cancellation Policy
In respect of any advertisement cancelled by the Advertiser after the Advertisement has been uploaded, the Advertiser will be liable for the full cost of the Advertisement.
Data Protection
As an advertiser with Guardian Jobs, your details will be entered onto our customer database. We will use your details to communicate information about Guardian Jobs services. If you do not wish to receive information about Guardian Jobs services including changes to pricing and processes, you can unsubscribe by emailing us at tbc@guardian.co.uk.
Guardian Jobs are committed to protecting your privacy and comply with the 1998 Data Protection Act. We will not share your details with others without your prior consent.
General
Except insofar as this Agreement expressly provides that a third party may in his own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act. These terms may be varied from time to time. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted. Details of variations will be posted below. The Advertiser may not resell, assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with this contract or any rights under this contract or sub-contract any or all of its obligations under it or purport to do any of the same. Any attempt to do any of the foregoing shall result in immediate termination of this contract, and payment of any and all amounts due hereunder without liability to GNM and without prejudice to its other rights and remedies. Any purported assignment in breach of this paragraph shall confer no rights on the purported assignee. This Agreement shall be governed by and construed in accordance with English law and each party irrevocably submits to the exclusive jurisdiction of the English courts.
