Terms and Conditions
Definitions
You, the Customer: a person or company buying a product/service from us.
Consumer: a private person buying products/services for private use.
Careernexus Limited (Careernexus, us, our): the product/service vendor as identified on your Invoice of electronic notification of payment
Order Confirmation: formal acknowledgement of product/service ordered by you, sent or made available on the Internet by Careernexus.
Price: stated in Order Confirmation.
Product/Service (Product): as described in Order Confirmation and may include 3rd Party Products/Services.
3rd Party Products/Services: all goods/services that are not Careernexus-branded Products/Services.
The Web Site: the Internet site at http://www.careernexus.co.uk or as otherwise advertised as being a web site associated with Careernexus Limited.
Application
This Agreement applies to this sale and all statements made by Careernexus in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by Careernexus in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement. This Agreement does not apply to Product purchases from a reseller or distributor nor is it a reseller or distribution agreement.
Quotations/Orders/Contract
Quotations are only valid in writing and during the period that they state. If unstated, the period is 10 days (incl. 3rd Party Products). Orders may be received by writing, internet, telephone or fax but are only binding when accepted by Careernexus in a written Order Confirmation. Please check the Order Confirmation and notify Careernexus of any mistake in writing immediately or the details stated in the Order Confirmation will apply to this Agreement.
Price & Payment Terms
Products prices, tax, shipment, insurance and installation are as shown on your invoice or electronic notification of payment. Changes to exchange rates, duties, insurance, freight and purchase costs may cause Careernexus to adjust prices accordingly. Payment will be made before supply or, if agreed, within 30 days of the invoice date without further notice from Careernexus. Payment timing is of the essence. Careernexus may suspend deliveries, services or Licenses until full payment for that order. If payment is late, and you purchase as a company, the maximum statutory interest rate will apply on the late amount and if you purchase as a Consumer, interest will be at 2% above the minimum lending rate on the late amount. In either case, the costs of recovery shall be payable by you. Cheques may only be accepted conditionally.
Delivery/Title/Risk (Products)
The delivery period in any Order Confirmation is approximate. The place of delivery is stated in the Order Confirmation. Title to Product passes on full payment and until then you must insure and store our goods separately and you may not modify, pledge or sell them. Career may enter the storage premises to repossess the goods. Should you sell them before title passes, you will become Careernexus's agent and the proceeds of that sale shall be held on our behalf, separately from your general funds. Careernexus may sue for the Price before title passes. If you refuse delivery without Careernexus's agreement, you must pay Careernexus's expenses or loss resulting from that refusal, including storage costs, until you accept delivery. Risk of the loss of the goods passes to you on delivery.
Acceptance (Products)
When you receive Product you must inspect it for any defects or non-conformity within 7 days. After this period, you will have accepted Product. If Careernexus agrees to the return of Product at its choosing, it must be in its original condition with packaging, a return note and proof of purchase; the return costs may also be payable by you.
Warranty
Careernexus does not give a warranty guarantee protection for:
- damage caused by incorrect installation, use, modifications or repair by any unauthorised 3rd party or yourself;
- damage caused by any party (except Careernexus) or other external force;
- fitness for any particular purpose;
- 3rd Party Products, Software and IM specified by you. You will receive the warranty or license for these products directly from their manufacturer or licensor;
Liability
Careernexus accepts liability for any private property loss or damage, death or personal injury caused by the negligence or deliberate misconduct of Careernexus, Service Provider or our employees, agents, subcontractors. Except for death/personal injury, this liability is limited to the lesser of £250,000 or Price.
Careernexus does not accept liability for
- indirect or consequential loss
- loss of business profits, salary, revenue, savings,
- damage remedied by Careernexus within reasonable time,
- loss avoidable by you through reasonable conduct, including backing up all data and following Careernexus's reasonable advice generally,
- all items excluded from the Warranty or by Force Majeure.
Intellectual Property (IP)
Careernexus indemnifies you from all costs and liabilities from any claim that use of Product infringes any 3rd party IP. Careernexus may recall and exchange or modify Product or refund you, minus depreciation in this event. You indemnify Careernexus for any IP specified or owned by you and integrated into Product. Careernexus is allowed to litigate, negotiate and settle claims and you must assist us at our expense (except where IP specified or owned by you is allegedly infringing) when litigation is directly related to your Product. You must notify Careernexus immediately of any infringing or unauthorised use of Product or IP in it. Careernexus does not indemnify you for
- 3rd Party Products and Software,
- unauthorised modification or
- any claim caused by the use of Products in conjunction with anything not supplied by Careernexus.
Software
Software is supplied subject to license and warranty of the Software licensor, which may be Careernexus or a 3rd Party. You must comply with that license.
Export Control
You acknowledge that Product may include technology and Software which is subject to US and EU export control laws and laws of the country where it is delivered or used: you must abide by all these laws. Product may not be sold, leased or transferred to restricted / embargoed end users or countries or for a user involved in weapons of mass destruction or genocide without the prior consent of the US or competent EU government. You understand and acknowledge that US and EU restrictions vary regularly and depending on Product, therefore you must refer to the current US and EU regulations.
Force Majeure
Neither party will be liable for any breach of its obligations resulting from causes beyond its reasonable control; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.
Confidentiality
Each party must treat all information (written, oral or in electronic form) received from the other marked "confidential" or reasonably obvious to be confidential as it would treat its own confidential information.
Termination
Careernexus may terminate this Agreement with immediate written notice if you:
- fail to pay on time,
- breach or Careernexus suspects you have breached export control laws.
Either party may terminate if the other:
commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or
becomes insolvent or is unable to pay debts as they fall due.
Your obligations as a Customer
You are responsible for:
your own choice of Product and its suitability for purpose
your telephone & postal charges in contacting Careernexus, if any.
You must provide Careernexus with all reasonable courtesy, information, cooperation, facilities and access to enable Careernexus to perform duties, failing which Careernexus shall not be obliged to perform any Service or assistance.
Data Protection
Your data will be held and/or transferred in strict accordance with the applicable data protection laws and Careernexus's data protection registration. You consent to your personal data being transferred to a Careernexus company outside of the EEA.
Consumer Rights
If you are a Consumer you may cancel your purchase at any time within 7 working days of receipt without cause and receive a refund of the Price paid. To do this you must inform Careernexus in writing and return the products immediately, in the same condition you received them and at your own cost and risk. Any statutory Consumer rights are unaffected by this Agreement. This does not apply to any business customer or user.
Jurisdiction
English law and the exclusive court jurisdiction of the English courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded
Use of Material
Careernexus Limited is committed to protecting the privacy of our users, and providing a safe, secure user experience. Careernexus Limited will use its best efforts to ensure that the information you submit to us remains private, and is used only for the purposes as set forth herein (see Privacy Policy).
Careernexus Limited authorises you to view and download a single copy of the material the Web Site solely for your personal, noncommercial use.
The contents of this Web Site, such as text, graphics, images, logos, button icons, software and other "Material", are protected under both United Kingdom and foreign copyright, trademark and other laws. All Material is the property of Careernexus Limited or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Careernexus Limited and protected by international copyright laws. Unauthorised use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that Careernexus Limited creates to generate its pages.
Acceptable Web Site Use
Users may not use the Web Site in order to transmit, distribute, store or destroy material:
in violation of any applicable law or regulation
in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others
that is defamatory, obscene, threatening, abusive or hateful
Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation:
accessing data not intended for such user or logging into a server or account which the user is not authorized to access
attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"
sending unsolicited e-mail, including promotions and/or advertising of products or services
or 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. Careernexus 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.
Specific Prohibited Uses
The Web Site may be used only for lawful purposes by individuals seeking employment and career information and employers/agents of employers seeking employees. Careernexus specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
posting any incomplete, false or inaccurate biographical information or information which is not your own accurate curriculum vitae
posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents
deleting or revising any material posted by any other person or entity
using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site
taking any action which imposes an unreasonable or disproportionately large load on this Web Site’s infrastructure
If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose.
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.
Aggregating, copying or duplicating in any manner any of the materials or information available from the Web Site.
Framing of or linking to any of the materials or information available from the Web Site
Miscellaneous
If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. Careernexus may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.
If you do not accept the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions.
Careernexus Limited is a limited liability company registered in England and Wales.
Registered No: 5581474
Registered Office:
Johns Cottage
Amberley
Stroud GL5 5AL
Phone: +44 1453 872777
e-mail: admin@careernexus.co.uk