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Terms of use

Last updated on 5th April, 2022

About us・Terms of use

Terms of use  |  Terms of business

Welcome to JobsAware

 

The website at jobsaware.co.uk (“Website”) is provided to you by SAFERjobs CIC (“SaferJobs”, “JobsAware”, “we”, “us”, “our”). Our company registration number is 10440381 and our registered address is 4 Greenfield Road, Holmfirth, England, HD9 2JT.

 

By accessing the Website, you agree to these Terms of use (“Terms”). You also acknowledge that our Privacy notice (includes our Cookie policy) applies to our use of your personal data and cookies. All Terms are governed by English law, and English courts have exclusive jurisdiction to settle any disputes.

 

We may amend these Terms at any time and for any reason. You should check these Terms on a regular basis to keep yourself informed of any changes. If you continue to use the Website, you are deemed to have accepted any changes to these Terms. We also provide services to businesses, covered in our Terms of business.

 

If you have any queries, complaints or notices relating to the Website or these Terms, please contact us.

Terms of use

 

1. Access to the Website

 

Whilst this Website is compatible with most internet browsers, we cannot guarantee the Website’s availability. You acknowledge that you are responsible for the internet connection and device used to access the Website, and that they are compatible with the Website.

 

We do not accept any liability arising from any errors, omissions, interruptions or delays in accessing the Website, or any ongoing obligation or responsibility to operate the Website (or any particular part of it) or to provide any services offered on the Website.

 

2. Use of the Website

 

The Website is intended for lawful use by anyone of working age, in the United Kingdom. None of the information provided is compliant with laws outside the jurisdiction of the United Kingdom. Use of the Website for any purpose that advocates, promotes or assists in any unlawful act is strictly prohibited.

 

The content displayed on the Website (including any content sent to you via email) is made available to you for your general information and is for non-commercial use only. We give no warranty that such content is accurate or reliable. Such content is not intended as any form of professional advice and should not be relied on as such. Any reliance that you may place on the content made available on the Website is at your own risk.

 

Use of any content on the Website, or use of any automated system to extract content, for commercial purposes or to create a competitor website is prohibited, except where you or any applicable third party has entered into a written agreement with us.

 

3. Links to other websites

Our Website may include links to third-party websites. Visiting any such website is done so at your own risk. It is your responsibility to satisfy yourself as to the reputation and safety of any third-party.

 

4. Use of our reporting tool

 

The reporting feature on the JobsAware website allows you to report any suspected labour market abuse. Whilst we endeavour to respond by email to every report, we cannot guarantee a response, nor a resolution to the issue reported.

 

We may share relevant information about the abuse with relevant UK Government law and regulatory enforcement agencies. More information on how we treat this data is in our Privacy notice.

 

It is your responsibility to provide reliable and accurate information in the report.

 

5. Use of our brand

 

We permit linking of our Website by UK Government Departments and Agencies, search engines, news outlets and our registered partners. To link to our Website for any other purpose, please contact us.

 

Use of the JobsAware logo or any associated brand collateral is prohibited, except where you or any applicable third party has entered into a written agreement with us.

 

Use of the JobsAware brand does not constitute any form of endorsement of any third party.

 

6. Liability

 

We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the Website and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to the Website and your use of it to the maximum extent permitted by law.

 

You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of the Website.

 

You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of the Website.

 

7. Breaches

 

If we suspect you are in breach of these Terms, we may (a) issue you with a warning, (b) withdraw your access to the website, (c) take legal action against you and/or (d) disclose to law enforcement authorities any information we reasonably feel is necessary.

 

If we fail to exercise any right or remedy under our Terms, our failure does not constitute a waiver of that right or remedy. Any waiver must be in writing and signed by us.

 

If any provision of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such provision shall be removed and the remaining provisions shall survive and remain in full force and effect and continue to be binding on and enforceable by both of us.

 

Terms of Business

1. Definitions

  1. The following definitions apply:

    1. "Client" means the company, firm or organisation which has set up an account with JobsAware in order to use the Services.

    2. "JobsAware" means a brand of SaferJobs, a Community Interest Company, registration number 10440381.

    3. "Order Confirmation" means the confirmation of purchase on the Website, for one or more of the Services.

    4. "Pricing Model/s" means the pricing models offered by JobsAware as set out in clause 3.

    5. “Report” means information collated about a potential fake or scam job advertisement

    6. "Service/s" means the products and services as set out in clause 2.

    7. "Terms" means these terms and conditions.

    8. "Website" means jobsaware.co.uk (including all subdomains) and includes without limitation its content, databases, software, code and graphics.

 

2. Services

 

  1. The following Services are available from JobsAware via the Website:

    1. Job Ad Vetting: A service whereby the Client can share and receive Reports about suspected fake or scam job adverts with other member organisations.

  2. The following Pricing Models are available in relation to the Services offered:

    1. Subscription: The Client purchases access to one or more Services on a recurring basis. Subscriptions may be tiered, providing different levels of access. Payments will be made via the Website, by credit card, debit card or direct debit.

    2. Pay as you go: The Client is billed in arrears for Services used during the current billing period, with pricing based on usage. Payments will be made via the Website, by credit card, debit card or direct debit.

  3. The Services do not constitute an offer by JobsAware, and JobsAware reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.

  4. Clients must set up an account with JobsAware in order to gain access to the Services. It is the Client's responsibility to provide accurate and up to date information, and to keep secure any login passwords or API keys used to access Services.

  5. From time to time JobsAware will contact Clients in order to evaluate the service they receive and also to promote JobsAware’s products and services.

  6. All intellectual property rights connected with the Services and/or the Website shall remain vested in JobsAware or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.

  7. For the sake of clarity and the avoidance of doubt, the Client acknowledges that it is acting as a data controller for the purpose of current data protection legislation in connection with any personal data it obtains in the provision of the Services by JobsAware. It is the Client’s responsibility to comply with its obligations as a data controller and to satisfy themselves of the legal grounds for processing any personal data.

  8. JobsAware acknowledges that it will act as a data controller for the purposes of current data protection legislation and that it will comply with its legal obligations in the provision of the Services.

  9. JobsAware cannot guarantee that (i) the Website and/or the Services will be available at all times and (ii) the Website will be free from errors, viruses and/or other harmful applications. It is the Client's responsibility to protect their computers against any viruses and malware.

  10. These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between JobsAware and the Client. The Client acknowledges that it has not relied on any representation made by JobsAware in entering this contract, however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.

  11. JobsAware reserves the right to change these Terms from time to time, provided that no change shall be retrospective.

 

3. Payments

 

  1. A legally binding contract between JobsAware and the Client comprising these Terms and the Order Confirmation will come into effect when the screen confirming successful purchase of Services appears on the Website. The Client acknowledges that such contract is conditional upon the Client passing JobsAware's credit checking process.

  2. Once a contract has been formed, JobsAware cannot accept any cancellation of the agreed Services or provide any refunds. Any outstanding amounts owed shall remain payable, unless at JobsAware’s sole and absolute discretion.

  3. Online payment services will be carried out by Stripe. Payments shall be subject to Stripe's terms and conditions.

  4. The Client may provide JobsAware, through Stripe, with a recurring payment authority to enable JobsAware to take regular payments from the Client's nominated debit card, credit card or via direct debit for payment of the Services. When a recurring payment authority has been provided, JobsAware will be entitled to take regular payments for the Services without the need to obtain individual authorisation for every payment.

  5. The Client may cancel or update a recurring payment authority at any time via the Website. The Client will remain liable for any outstanding fees (if any) in the event that a recurring payment authority is cancelled prior to paying for all Services provided.

  6. In the event of a late or missed payment, JobsAware may suspend any or all of the Services until payment is received. In the event that the Client fails to pay within 7 days of receipt of a notice to pay (receipt shall be deemed to be 2 working days after the date of such notice), JobsAware may terminate the Services and any outstanding amounts owed shall become payable immediately. Without prejudice to any other remedy, JobsAware reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.


4. Termination
 

  1. Without prejudice to any other remedy, JobsAware may terminate the Client's account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Terms by the Client.

  2. JobsAware reserves the right to close any account immediately without liability if, in its opinion, any of the following has occurred:

    1. the Client has not provided full or accurate contact or company information;

    2. the Client fails JobsAware’s credit checking process, or defaults on payment;

    3. the Client is found to have shared any Job Ad Vetting Report information outside of the Website or its own organisation;

    4. JobsAware considers the Client is acting inappropriately or illegally

 

5. Breaches

 

  1. If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.

  2. In the event that the Client makes a claim against JobsAware for whatever reason, JobsAware's liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall JobsAware be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude JobsAware’s liability for death or personal injury by negligence or any other liability which cannot by law be excluded.

  3. Notices to JobsAware shall be sent by email to support@jobsaware.co.uk and notices to the Client shall be sent by email to the address supplied on set up of the Client's account.

  4. JobsAware shall not be in breach of these Terms if events beyond its reasonable control prevent JobsAware from performing the Services.

  5. The Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.


6. Job Ad Vetting Service

 

  1. When submitting a Report, the Client agrees that the information will be made available by JobsAware through its platform to other member organisations, unless the Client has opted to mark the Report as private.

  2. When receiving a Report, it is the sole responsibility of the Client to fully investigate the information received and decide what, if any, action to take on its own platform. Reports shared on the Website do not constitute proof of scam or fake job adverts. Neither JobsAware, nor any Client submitting information about Reports, shall accept any responsibility or liability for actions undertaken by the Client receiving the information.

  3. The Client agrees not to re-share any Reports it receives outside of the JobsAware Website, except within its own organisation for the sole purpose of protecting jobseekers from potential harm.

  4. JobsAware may pass Reports on to relevant law enforcement agencies, where it is appropriate to do so and in consultation with the member organisation that submitted the Report. JobsAware does not investigate Reports itself.

  5. JobsAware will use commercially reasonable efforts to make the Job Ad Vetting Website and APIs available to UK-based requests with a monthly uptime, during a monthly billing cycle, of at least 99.9% (the “Service Commitment”). In the event JobsAware does not meet the Service Commitment, the Client will be eligible to receive service credit.