These terms and conditions are divided into 4 parts:
(a) Part A contains general terms relating to the use of our website (which apply to casual users as well as registered individual users, registered employers and brand owners and advertisers);
(b) Part B contains special terms relating to registered individual users;
(c) Part C contains special terms relating to registered employers; and
(d) Part D contains special terms relating to brand owners and advertisers.
By using our website, you accept these terms and conditions in full.If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.If you register with the website (whether as an individual or employer) or become a brand owner or advertiser in relation to the website, we will ask you to expressly agree to these terms and conditions.
We will not file a copy of these terms and conditions specifically in relation to each user and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website.For this reason, we recommend that you print and file a copy of these terms and conditions for future reference.
These terms and conditions are provided in the English language only.
(2) Licence to use website
We and our licensors own the intellectual property rights in the website and material on the website.(Note that, in respect of material that you submit to our website, you will become our licensor - see Section 4 for more details.)
Subject to the licence below, all the intellectual property rights in the website and the material on the website are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
Unless you own or control the relevant rights in the material, you must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) edit or otherwise modify any material on the website (except using website functionality specifically and expressly intended for the purpose); or
(f) redistribute material from this website (except for content specifically and expressly made available for redistribution).
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
(3) Acceptable use
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not use our website to transmit or send unsolicited commercial communications.
You must not use our website for marketing or any purposes related to marketing, save with our express written consent.
(4) Your content
In these terms and conditions, "your content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website for publication on the website, communication via the website, or any other purpose.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, copy, reproduce, adapt, edit, publish, translate, transmit and distribute your content in any existing or future media.You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
Your content (and its publication on our website) must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy, or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in a explicit, graphic or gratuitous manner;
(m) be pornographic or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
Your content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.
(5) Limitation of warranties
You acknowledge that much of the information published on this website is submitted by users or provided by other third parties, and that we do not usually review, approve or edit such information.
We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website.
(6) Limitations of liability
Nothing in these terms and conditions (or elsewhere on our website) will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
Subject to this, our liability to you in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:
(a) to the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature;
(b) we will not be liable for any consequential, indirect or special loss or damage;
(c) we will not be liable for any loss of profit, income, revenue, anticipated savings, contracts, business, goodwill, reputation, data, or information;
(d) we will not be liable for any loss or damage arising out of any event or events beyond our reasonable control; and
(e) our maximum liability in relation to any event or series of related events will be limited to total amount paid (or if greater, payable) by you to us under these terms and conditions within the 12 month period immediately preceding the event or events.
You accept that we have an interest in limiting the personal liability of our officers and employees.Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions.This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.
You agreed to the publication of comments and other material relating to you, by others, on our website. You acknowledge that such material may be critical or defamatory, or may otherwise infringe your legal rights; and you agree that you will not hold us liable in respect of any such material, irrespective of whether we are aware or ought to have been aware of such material.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
(8) Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you (including for the avoidance of doubt registered users and employers, and brand owners and advertisers) breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the website;
(c) permanently prohibit you from accessing the website;
(d) block computers using your IP address from accessing the website;
(e) contact your internet services provider and request that they block your access to the website;
(f) bring court proceedings against you for breach of contract or otherwise;
(g) suspend and/or delete your account with the website;
(h) delete and/or edit any or all of your content; and/or
(i) terminate any contract between you and us made under these terms and conditions.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
(9) Third party websites
Our website includes hyperlinks to other websites owned and operated by third parties.These links are not recommendations.We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
Some of these hyperlinks may be to third party merchant websites selling goods and/or services. You acknowledge that:
(a) we do not vet third party merchants;
(b) we do not check, audit, monitor or control: the identity, credit worthiness or bona fides of third party merchants, the security of third party merchant websites, or the accuracy of the information published on third party merchant websites; and
(c) we are not party to any contract for the sale or purchase of goods or services entered into between you and a third party merchant,
and accordingly we will not be liable to you in relation to any loss or damage arising out of any third party merchant website, any information supplied by a third party merchant, any offer made by a third party merchant, or any contract between you and a third party merchant.Furthermore, we are not responsible for the enforcement of any obligations arising out of a contract between you and a third party merchant, and we will have no obligation to mediate between the parties to any such contract.The provisions of this Section 9 are subject to the first paragraph of Section 6.
(10) Trade marks
BAR EXCHANGE and our logo are trade marks belonging to us.We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
The other registered and unregistered trade marks or service marks on our website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
From time to time we may run competitions, free prize draws and/or other promotions on our website. These will be subject to separate terms and conditions (that we will make available to you as appropriate).
(12) Variation and assignment
We may revise these terms and conditions from time to time by publishing a new version on our website.Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website.
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
(15) Exclusion of third party rights
These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.
(16) Entire agreement
(17) Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.
(18) Our details
The full name of our company is Bar Exchange Limited.
We are registered in England & Wales under registration number 6620146.
Our registered address is Bar Exchange Limited, 35 Ballards Way, London N3 1XW.
Our VAT number is 942281037.
You can contact us by email to email@example.com.
PART B: INDIVIDUAL USERS
Access to certain areas of our website is restricted to registered users.
In order to register, you must be at least the legal drinking age in your country of residence - that is, the age at which it is legal to both purchase and consume alcoholic drinks in your country of residence.In addition, you must be at least 16 years of age.
In order to become a registered user, you must: (i) click "join now" and "individual"; (ii) eithercomplete and submit our individual registration form or import your information from anothernetwork or website (AOL, Facebook, Google, MySpace, Yahoo! Or OpenID), in either case confirming that you agree with these terms and conditions and are of legal drinking age; and (iii) click on the link in the confirmation email that we will send to you.You will then be able to sign in.
You warrant that all the information you provide to us as part of the registration procedure is true, accurate, fair and complete.
You acknowledge that we may refuse to permit, or may insist that you change, any username that impersonates another person or breaches the provisions of Section 4.
Registered users will have access to such additional features on our website as we may from time to time determine in our sole discretion. Such additional features may include:
(a) the facility to complete a detailed personal profile on the website;
(b) the facility to create a network of friends on the website, to join groups, and to share information amongst friends and groups;
(c) a private messaging system;
(d) the facility to invite others to join the website;
(e) access to our forums; and
(f) the facility to create a work profile (see Section 20 for more provisions concerning work profiles).
There are different privacy settings you can choose for your profile.Publication may be restricted to your friends, or to your friends and their friends, or to all registered users.Alternatively, your profile may be published on the website and available to all internet users.By default, profile publication is restricted to friends.
Forums may be public or private.
Registered users will create a password to enable them to access the restricted areas of our website.Registered users must keep their passwords confidential.
We may disable passwords, delete accounts, and delete any information associated with an individual user account, in our sole discretion without notice or explanation.
(20) Work profiles
In order to create a work profile, you will need to first register with the website.Once you have registered, you can create a work profile by taking the following steps: (i) click "set up your work profile"; and (ii) complete and submit the 5-part work profile form.
You warrant and represent to us that all information you provide as part of any work profile is true, accurate, fair and complete, and you undertake to keep all such information up-to-date at all times.
There are different privacy settings you can choose for your work profile.Publication may be restricted to employers, or to employers plus your friends, or to all registered users andemployers.Alternatively, your profile may be published on the website and available to all internet users.By default, profile publication is restricted to employers and friends.
Employers may contact you directly, via the website, if they have any available positions that may be of interest to you.
You acknowledge that we merely provide a facility to enable jobseekers and employers to get in touch and that we do not vet or monitor the registered employers who use our website, and you agree that you will not hold us liable, or seek to hold is liable, in relation to any loss, damage or expense that you suffer arising out of the actions of omissions of a employer (subject to the first paragraph of Section 6 above).
PART C: RECRUITERS
(21) Registering as a employer
In order to register as a employer with our website, you will need to take the following steps: complete and submit our employer registration form; and click on the verification link in the email that we will send to you.You will then be able to sign in.
You will have the opportunity to identify and correct input errors prior to completing the registration process.
There is no charge for registering as a employer. However, you will need to purchase credits in order to use some of the employer services (see below for details).
(22) Employer services
Registered employers will have access to additional website areas and features which will include:
(a) access to our searchable database of jobseekers;
(b) the facility to invite jobseekers to apply for specific jobs (subject to sufficient credits being available); and
(c) the facility to create an employer profile and venue profiles on the website.
These employer services may be accessed in such way, subject to such limitations and for such period, as may be specified on our website from time to time.
Credits may be purchased on our website, through PayPal, WorldPay or Google Checkout.Purchases of credits will be subject to the minimum purchase level specified on our website.
Charges in respect of credits will be as set out on our website from time to time (and we may vary the charges by posting new charges on our website).All charges stated on the website are stated inclusive of VAT.
Credits will be deducted from your account when jobseekers contact you following the issue by you of an invitation to jobseekers enabling them to apply for specific jobs.The number of credits that will be deducted will be equal to:
J x C
J = the number of jobseekers who respond to the invitation within 7 days of issue; and
C = the cost (in credits) of each jobseeker response as specified on the website at the date of issue of the invitation.
Credits are generally non-refundable and will not be converted to cash.
(24) Employer warranties and undertakings
By registering as a employer, you warrant that all information you provide to us and to anyjobseeker via or in relation to our website is true, accurate, fair and complete, and you undertake to keep all such information up-to-date at all times.
Registered employers will create a password to enable them to access the restricted areas of our website.Registered employers must keep their passwords confidential.
Employers must only use our database of jobseekers for the sole purpose of seeking candidates to fill bona fide jobs; and employers must treat the information in our database as confidential, and must not copy any information from the database or record or retain any information from the database or disclose to any third party any information from the database.
(25) Your relationship with jobseekers
You acknowledge that we merely provide a facility to enable jobseekers and employers to get in touch and that we do not vet or monitor the jobseekers who use our website, and you agree that you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense that you suffer arising out of the actions or omissions of a jobseeker (subject to the first paragraph of Section 6 above).
(26) Our warranties
We warrant to employers that we will perform the paid-for employer services with reasonable care and skill.
We do not warrant that our jobseeker database will hold information regarding jobseekers that may be suitable for the positions that the employer requires to be filled.
(27) Cancelling your account etc.
You may delete your employer account using the website interface at any time.
We may cancel your employer account in accordance with the provisions of Section 8.
We may also cancel your employer account without cause by giving you at least 30 days' written notice of cancellation.Where we cancel your account on this basis, you will be entitled to a refund of any amounts paid in respect of credits unspent as at the date of effective cancellation.
Save as specified in the preceding paragraph, employers will not be entitled to any payment from us on the deletion or cancellation of a employer account.
PART D: BRAND OWNERS AND ADVERTISERS
(28) Brand owners and advertisers
Drinks brand owners may apply, or be invited, to become brand owners in relation to our website.
We may also agree with a company or business (an advertiser) that they may advertise their products or services on our website.
For the avoidance of doubt, the provisions of Sections 3 and 4 apply to all content brand owners and advertisers supply for publication on the website.In addition, such content must comply with the provisions of the Advertising Standards Association's Committee on Advertising Practice Codes.
The following matters will be agreed in writing between us and the brand owner or advertiser in question:
(a) the charges payable by the brand owner or advertiser;
(b) the due date for payment of the charges by the brand owner or advertiser;
(c) the period for which a brand owner will remain registered as a brand owner, or and advertisement or a series of advertisements will be published; and
(d) other specific terms and conditions relating to brand owners and advertisers.