Terms and conditions
1. ABOUT US
This website (“Website”) is operated by the Association of Colleges, a company limited by guarantee (registered in England under company number 03216271) and whose registered office is at 2-5 Stedham Place, London, WC1A, United Kingdom ("AOC") References to "we", "our" and "us" are references to the AOC. Our VAT number is . We give you permission to use the Website subject to these terms and conditions ("Terms and Conditions"). If you do not agree to these Terms and Conditions, then you must not use this website.
2. THE SERVICES
2.1 AOC provides users with access to an online recruitment service through the Website ("Services"). We may change or discontinue the Services at any time.
2.2 Unless explicitly stated otherwise, any new features of the Services will be subject to these Terms and Conditions. Any purchase order or contract will be subject to separate terns in addition to these Terms and Conditions and any Additional Terms and Conditions (set out below) which are applicable to the relevant Service.
3. USE OF PERSONAL INFORMATION
3.1 Certain aspects of the Services may require you to register and provide information about yourself. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
4.1 AOC will use reasonable endeavours to protect all personal information collected through the Website in accordance with strict data protection standards.
4.2 The registration processes on the Website may involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AOC of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. We do not accept liability for any loss or damage arising from your failure to comply with this obligation.
5. USER CONTENT
5.1 Where you are able to upload materials through the Website, such facilities are provided for the exchange of lawful, relevant, fair and appropriate information and materials. You acknowledge that all information and materials ("User Content") are the sole responsibility of the person from which such User Content originated. We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any User Content placed on the Website.
5.2 If you place any User Content on the Website, you must have the right to do so. You must not place on the Website any User Content which is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory.
5.3 Anyone aggrieved by your User Content (e.g. because it is defamatory or infringes their rights) may take action against you. This could result in registration data and other data concerning your identity being disclosed, and you having to pay compensation to, the aggrieved party.
5.4 You agree to not use the Services to violate any applicable law or regulation and/or collect or store personal data about other users.
6. LINKS TO OTHER SITES
The Website may provides links to other websites and content for your information and convenience. We have not verified the content of any such websites and content and we are not responsible for them.
7. INTELLECTUAL PROPERTY
7.1 We own or have the rights to all intellectual property rights in the Website and the Services. ‘AOC’ and ‘Association of Colleges’ are trademarks of AOC ("AOC Marks"). You must not display or use the AOC Marks without our written consent.
7.2 You must not reproduce, copy, modify, sell, distribute, exploit, or provide links to any part of the content of this Website or the Services without our prior written consent.
7.3 You retain ownership of all rights in your Use Content. You grant to AOC and the users of the Website a non-exclusive, worldwide, royalty-free, perpetual, licence to copy, use and distribute your User Content and to incorporate it in other works in any form, media, or technology for the purpose of allowing us to provide the Services and for you and the other Website users to take the benefit of the Services.
7.4 You warrant that (i) you have the right to upload the User Content and grant the rights set out in the licences above and (ii) use of the User Content by either us or our users will not infringe the rights of any third parties.
8.1 The Website is designed to be compliant with applicable United Kingdom laws and regulations and is intended for use only by users resident in the United Kingdom. If you are resident in a country outside of the UK, you use the Website at your own risk.
8.2 The Website and the Services are provided on an 'as is' and 'as available' basis. AOC does not guarantee the accuracy, timeliness, completeness or fitness for purpose of the content provided on the Website or through the Services or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of AOC for any errors, omissions or inaccurate information on the Website or available through the Services.
8.3 Any material downloaded or otherwise obtained through the use of the Website or Services is done at your own risk. We do not accept liability for any damage to your computer system or loss of data that results from the download of any such material. We accept no liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Services.
8.4 Your dealings with recruiters found on or through the Services on the Website are solely between you and such recruiter. We do not accept liability for any loss or damage you may incur as the result of any such dealings.
You agree that AOC, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, your access to the Website and/or the Services or any part of them or any of your passwords or accounts within the Services, and may remove and discard any User Content within the Services, for any reason, including for lack of use or if AOC believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions and the Additional Terms (if applicable). Where there is a breach of these Terms and Conditions or of the Additional Terms (if applicable), AOC may also take any other action we reasonably deem appropriate in connection with such breach.
10. OUR LIABILITY TO YOU
10.1 Subject to conditions 10.2 and 10.3, AOC's liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Website and/or any Service shall be limited the greater of: (a) £150 or (b) the price validly paid by you to AOC under any contract for paid services during the 6 months preceding the event giving rise to the claim.
10.2 AOC shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity.
10.3 Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of AOC, or for any other liability which cannot be limited or excluded by law.
11.1 We may update these Terms and Conditions from time to time. We will post any changes on this page and indicate the date of any changes. Your continued use of this Website constitutes your acceptance of any updated Terms and Conditions.
11.3 We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions, the Additional Terms (if applicable) or any related contract between us that is caused by events outside our reasonable control.
11.4 If we provide you with any information which we tell is confidential, you not to disclose it to any other person without our consent except as may be required by law.
Any complaints about the Website should be sent to email@example.com
Please set out the nature of your complaint and we will take any action we think appropriate.
13. GOVERNING LAW
Our relationship with you is subject to English law and the exclusive jurisdiction of the English courts except where applicable consumer law provides otherwise.
Last updated: 27/08/14
1.1 These Additional Terms apply to any organisation choosing to use the web-based recruitment services offered through the Website (“Recruitment Service") and should be read in addition to the Terms & Conditions. In the event of any conflict with the Terms and Conditions, these Additional Terms shall prevail.
1.2 By requesting a User Account (as defined below), you agree to be bound by the Terms and Conditions and these Additional Terms.
2.THE RECRUITMENT SERVICE
You hereby appoint AOC to provide the Recruitment Service in accordance with the Terms and Conditions and these Additional Terms. As part of the Recruitment Service, we will:
2.1 provide an individual "User Account" for each of your nominated staff members, each one a "User" in these Additional Terms; and
2.2 provide Users with reasonable levels of support in relation to their use of the Recruitment Service.
3. RECRUITING SERVICE REQUIREMENTS
3.1 We provide the web-based Recruitment Service which provides recruitment management and access to applicants for a charge agreed by us in writing. We will need you to give us the information, staff time and assistance that we may reasonably require in order to enable us to activate your User Accounts and provide the services you need.
3.2 Information made available to you through the Website is provided solely for the purpose seeking and recruiting staff. You may not copy, use, print or download information from the Website for any other personal or commercial purpose.
3.3 You must delete all personal information obtained through the Recruitment Service upon conclusion of your search for a suitable candidate or in accordance with your obligations under the Data Protection Act 1998 (the “DPA”), unless the applicant has expressly consented to the retention and continued processing of her/his personal data.
3.4 You shall deal fairly and professionally with all applicants who respond to an advertisement you have posted on the Website and shall not do anything which may bring the Website or AOC into disrepute.
4.USING THE RECRUITMENT SERVICE
4.1 Each User will be able to save text, data, graphics, other file attachments and other content into the Recruitment Service in order to place and file related documentation for jobs (“Organisation Content”). All intellectual property rights in the Organisation Content shall be owned by the organisation.
4.2 Although we are letting you access and use the Recruitment Service, all intellectual property rights in the content (other than Organsiation Content) on the Website and in the database of applicants’ information and CVs shall be owned by us.
5.1 This Recruitment Service is free, however, advertising a vacancy on the Website will be subject to payment of a charge agreed in a written order between you and the AOC.
5.2 On occasion, we may need to modify, suspend or discontinue (temporarily or permanently) the provision of the Recruitment Service, any User Account or any other of our services or facilities and we shall not be liable to your organisation or any third party in relation to any loss, damage or cost incurred as a result.
5.3 We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
5.4 You shall (and you shall also procure that all Users shall) comply with the Terms and Conditions and these Additional Terms, as amended from time to time.
6. DATA PROCESSING
6.1 For the purposes of this clause 6, “data controller”, “data processor”, “data subject”, “personal data” and “processing” (and process shall be construed accordingly) shall be as defined in the DPA.
6.2 To the extent that AOC is processing any personal data on your behalf, as your data processor, AOC shall:
6.2.1 implement and maintain appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected; and
6.2.2 process the personal data only in accordance with your instructions (which may be specific instructions or instructions of a general nature as set out in these Additional Terms or as otherwise notified to us).
6.3 To the extent that AOC as a data controller transfers personal data to you, as a separate data controller, you undertake that:
6.3.1 you will implement and maintain appropriate technical and organisational measures to protect such personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected;
6.3.2 you have no reason to believe that any local laws are in existence that would have a substantial adverse effect on the guarantees provided for in these Additional Terms, and that it will promptly inform AOC if it becomes aware of any such laws;
6.3.3 you will identify a contact point authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with AOC, the data subjects and the UK Information Commissioner concerning all such enquiries within a reasonable time; and
6.3.4 will comply with your other obligations in respect of that personal data under the DPA.
6.4 You acknowledge that AOC may process personal data relating to an applicant and/or a User for its own purposes as a data controller, as notified to you from time to time. To the extent that you as data controller transfer personal data to AOC for any purpose, whether AOC is acting as a Data Controller or Data Processor, you represent, warrant and undertake that such personal data provided by you has been collected, processed and transferred in accordance with the DPA and may be lawfully used by AOC for these notified purpose(s).
You agree to indemnify and hold AOC and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of the Terms and Conditions and/or the Additional Terms, any applicable law or regulation or the rights of any third parties related to the use of the User Content, our Website, Services and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by AOC.
Last updated: 27/08/14