Terms and conditions
1.1 This website is owned and operated by the ICAEW and is made available to you on acceptance of the terms and conditions set forth below (the "Terms"). By accessing any part of the site and services you shall be deemed to have accepted these terms in full.
ICAEWjobs.com is part of the ICAEW, which acts to provide an extended service to its members and the wider accountancy community. Members of the ICAEW will be encouraged to register with the jobseeking service; however ICAEWjobs.com will not be providing any potential recruiter / employer with access to membership information or the ability to harness this information.
1.3 By using the Website you agree you will not attempt to take any action or use any software, device or routine (including but not limited to uploading or making available files containing corrupt data, viruses, virus, cancelbot, Trojan horse or worms) to damage, crash, delay, or otherwise interfere with the operation of the Website.
1.4 These terms shall be governed by and construed in accordance with English Law and the courts of England shall have exclusive jurisdiction.
2.1 The copyright and other intellectual property rights in all materials on the Website, including but not limited to photographs and graphical images, the database, and the organisation and layout of the Website is owned by the ICAEW. Use of the Website does not give you any propriety rights in such materials.
2.2 The sole function of the Website is to provide information and services to aid qualified accountants (the "Candidates") in their search for new career opportunities, and provide potential employers ("Employers") and recruitment companies ("Recruiters") access to Candidates. You may use, print and download extracts from this site or emails you have received from us for these purposes only and on the following basis:
- use of all material/or the content of emails you receive is for information purposes and non commercial use only; any copies of these pages saved to disk or to any other storage medium or device may only be used for subsequent viewing purposes or to print extracts for personal use;
- no materials on the Website are modified in any way;
- no graphics on the Website are used separately from accompanying text; and ICAEWjobs.com copyright notice and this permission notice appear on all copies
2.3 No part of the Website or any emails you receive may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without ICAEWjobs.com’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 Whilst ICAEWjobs.com shall use its reasonable endeavors to ensure that the Website is available 24 hours a day, ICAEWjobs.com will not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in a number of circumstances including but not limited to system failure, maintenance or repair or for reasons beyond the control of ICAEWjobs.com. We may, additionally, alter the design and specifications of the Website at any time.
4.1 The information contained on the Website or in emails we send is to provide Candidates with career opportunities and information and Employers and Recruiters access to Candidates. You should neither act, nor refrain from action, on the basis of any such information which is for guidance only. You should take appropriate professional advice on your particular circumstances because the application of laws and regulations will vary depending on particular circumstances and because laws and regulations undergo frequent change.
4.2 Whilst ICAEWjobs.com shall use its reasonable endeavors to ensure that the information on the Website and in emails is correct, ICAEWjobs.com shall not be liable for any errors, omissions or inaccuracy or any loss or damages (including, without limitation, damages for loss of business, data, revenue, savings or loss of profits or any special or consequential loss) arising in contract, tort or otherwise from the use of or inability to use the Website, or any information contained in it, or from any action or decision taken as a result of using the Website or any such information to the maximum extent permitted by applicable law. In any event, you agree that ICAEWjobs.com's aggregate liability for damages shall be £10,000.
4.3 The Website or emails may contain material submitted to ICAEWjobs.com by third parties. Third parties are responsible for ensuring that material submitted for inclusion on the Website complies with international and national law. ICAEWjobs.com will not be responsible for any error, omission or inaccuracy in the material submitted by third parties and reserves the right to omit, suspend or change any material submitted. Any arrangements made between you and any third party named on the Website are at your sole risk and responsibility.
4.4 Likewise, CVs and job advertisements contained on the Website are provided by Candidates, Employers and their agents and are not reviewed by us. We accept no responsibility or liability for the contents of CVs and advertisements and expect Candidates and Employers to carry out such verification procedures as are customary and prudent in the circumstances.
4.5 Service and information provided on the site by ICAEWjobs.com and third parties are intended to assist Candidates in the recruitment process. Neither ICAEWjobs.com nor third parties can guarantee their suitability or prospects in any particular case. Candidates should obtain independent verification before relying on information provided on the Website in circumstances which may result in loss or damage.
4.6 ICAEWjobs.com accepts no responsibility for the availability or content on any site to which a hypertext link from the Website or any ICAEW/ICAEWjobs.com email exists. The links are provided on an "as is" basis and ICAEWjobs.com makes no warranty, express or implied, for the information provided within them.
5.1 Candidates are termed as qualified accountants seeking new employment opportunities and advice. The services provided by ICAEWjobs.com for ("Candidates") are free to use. At no point will we ask a payment from you, nor seek any credit card details or other payment details.
5.2 Registration: Candidates are able to register at the Website and by doing so you acknowledge that you have accepted these Terms and Conditions. You also agree that you have provided ICAEWjobs.com with accurate registration information and it is your responsibility to update any changes to that information.
5.3 Username and Password: Each registration is for a single user only. On registering, Candidates will be asked to provide their e-mail address and create a password. Their e-mail address and password then become the Candidates’ login details needed to access their Candidate account on the Website. Candidates are responsible for all use of the services provided by ICAEWjobs.com using their login details and for preventing any unauthorised use of your login details.
5.4 Applying to a job advertisement: Candidates can apply for job adverts displayed on the Website without being previously registered. However, once a Candidate has applied for a job they are automatically registered.
5.5 Unauthorised use of Login details: If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your Login details, you must notify us immediately. If we reasonably believe that your Login details are being used in any way which is not permitted by the Terms, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your Login details until the issue has been resolved.
5.6 Uploading CVs: When applying for a job advert Candidates are required to enter several compulsory details, which include their CV. Candidates are unable to apply for a job without uploading their CV, however once the CV is uploaded Candidates can choose whether they want their CV to be made searchable via potential Employers/Recruiters vis the CV database. This choice is made by ticking the relevant options during the process of applying for a job.
6. TERMS OF BUSINESS
In this following clause, the following terms will have the meaning provided below:
- a. ‘Customer’ means any person, company, organisation or form which purchases Services from us.
- b. ‘Order Form’ means an order for Services on a from provided by us (in any format) and signed by a Customer;
- c. ‘Services’ means, all recruitment products and services made available by us;
- d. ‘Job Credit/s’ mean the unit of "job postings" a Customer can purchase.
- e. ‘Contract Month’ means the calendar month commencing on the start date specified in the Order Form and ending the day before the same date in the next calendar month. For example, the calendar month commencing on 15 June and ending 14 July. All job postings will expire at the end of the agreed period.
- f. ‘Contract Term’ means the full term specified on the Order Form and the length of time Services are provided.
6.1 Credit Card Postings: Any Customer can purchase Job Credits to upload job postings on the Website using credit card payments. The payments are made by credit card using PayPoint’s secure transaction environment. Please visit PayPoint’s web site for more information: http://www.paypoint.net/
6.2 Refunds relating to Credit Card payments: Our system will only charge your credit card when the product or service you have requested has been dispatched. If you have difficulties with the above system, please contact ICAEWjobs.com.
6.3 Non credit card postings: Commencement of Services will not begin until the Order Form has been returned to us, signed by the Customer and then approved by us.
6.4 Prices of our advertising options are displayed on our rate cards. The prices are guaranteed for the period stated on the Order Form. They are confidential and may not be disclosed by the Customer.
Job adverts are purchased on a Job Credit ("Job Posting") basis. One Job Credit is for a job posting that can be displayed for 4 weeks. A single job posting is identified by its unique identification (ID) number. The Customer can choose to display a job advert for a longer duration; however this will use up more job credits. This information is displayed when uploading a job to the Website.
Once a Customer has used up all their job credits, they will be unable to upload any further jobs and should contact ICAEWjobs.com to purchase more job credits.
If any Service is to be used within a time set time period as specified on the Order Form and are not used within that time period they may not be carried over into any subsequent period without ICAEWjobs.com’s prior consent. The Customer will be responsible for payment for any unused Services.
6.5 Payments: All prices exclude VAT. Single job postings and job packages on ICAEWjobs.com must be paid for in advance. For all other advertisements and services, invoices are payable within 30 days from invoice date. Depending on the size of a contract for Services, other than job postings, it may be possible to pay for the Services on a monthly basis. If this is the case, any Order Form relating to Services for a ‘monthly contract’ will mean the calendar month commencing on the start date specified in the Order Form and ending the day before the same date in the next calendar month. For example, the calendar month commencing on 15 June and ending 14 July. All job postings will expire at the end of the agreed period.
Late payment will entitle us to suspend provision of Services. Interest will be payable on late payments at a rate of 3% above the National Westminster Bank plc’s base rate from time to time.
6.6 Termination: The Customer may terminate the provision of Services under any Order Form by no less than 30 days notice to expire at the end of a Contract Month. Termination by the Customer before the end of the Contract Month may, at our discretion, result in loss of discounts agreed for the entire Contract Term.
Either party may terminate provision of Services immediately by giving written notice to the other party if that other party:
6.6.1 remains in breach of a material obligation for more than 14 days after the non breaching party has given the party in breach a written notice specifying the breach and requiring its remedy; or
6.6.2 enters into liquidation or any composition with its creditors, or has a resolution passed to wind up (except for amalgamation or reconstruction) or has a receiver, administrator or administrative receiver appointed over all or any part of its assets; or ceases permanently to trade or threatens to do so
6.7 Termination of the agreement will not affect any rights or obligations of either party which have accrued as at that date.
6.8 ICAEWjobs.com may immediately terminate Services to a Customer by giving the Customer written notice if the Customer does anything which in the reasonable opinion of ICAEWjobs.com could damage the reputation of the Website, or otherwise bring ICAEWjobs.com and the ICAEW into disrepute.
7. LIMITATION OF LIABILITY
Our total liability to the Customer in respect of any Services, expect for death or personal injury caused by our negligence, is limited to the total amount paid to us during the Contract Term for such Services or £10,000 whichever is the greater.
8. JOB ADVERTISING
8.1 Access to upload job adverts will be given after payment confirmation for online purchases. It is then the responsibility of the Employer/Recruiter to upload and manage their job adverts.
8.2 Services Provided: Candidates and Recruiters need to be aware that ICAEWjobs.com operates as a platform to aid the jobseeking process only and does not seek to introduce or supply Candidates to recruiters or visa versa. ICAEWjobs.com does not screen any applications or candidate CV’s to determine any candidate’s suitability for a job vacancy,
In reference to The Conduct of Employment Agencies and Employment Business Regulations 2003 it is recommended that if your are a Candidate you undertake the steps set out in the Regulations to ensure your suitability for a job vacancy, if you are a Recruiter, to ensure a Candidate’s suitability for the vacancy.
9. SITE RULES
ICAEWjobs.com have rules regarding the content and format of job adverts posted on the Website. The purpose of these rules is to ensure that users who search the site or the ICAEWjobs.com database bring up results which are presented as clearly and informatively as possible. By using the Website you agree that we may, at our discretion and without liability to you, remove from ICAEWjobs.com any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.
The rules are:
- No posting of any incomplete, false or inaccurate biographical information or information which is not your own accurate resume.
- No posting of duplicate jobs by directly copying other adverts.
- No advertising of any kind that refers to any franchise, pyramid scheme, multi-level marking (MLM) opportunity, "club membership", distributors or sales representative agency arrangements or other business opportunities
- No deleting or revising any material posted by any other person or entity.
- All job adverts placed on ICAEWjobs.com must be for genuine job opportunities only.
- All job adverts should be for qualified or part-qualified accountants only (Candidates with an Accountancy qualification).
- No job advert should be advertising job opportunities for training vacancies or junior/entry level candidates.
- No gratuitous use of keywords in any job description or job titles. Gratuitous means deliberately inserting words, or strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.
- No uploading of any content that is unlawful, harmful, threatening, abusive, harassing, libelous, and vulgar or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.
- No impersonation of any person or entity, including without limitation a ICAEWjobs.com employee or agent or an authorised user of ICAEWjobs.com Services, a Candidate, an Employer or a Recruiter, or otherwise misrepresenting your affiliation with any person or entity.
- No posting or uploading of opinions, notice or advertisement, commercial or otherwise or the solicitation of business from Recruiters who post on the Website, including any solicitation by any of our competitors of Recruiters or Employers who post on the Website.
10. USE OF THE CANDIDATE DATABASE
10.1 Access to the Candidate database will be given after payment confirmation. It is then the responsibility of the Employer/Recruiter to manage their use of the database and keep their login details confidential. ICAEWjobs.com may deny access to login details if we reasonably believe that they are being used by an unauthorised person or that the user is in breach of these terms and conditions.
As ICAEWjobs.com acts as a platform to display Candidate CVs, Recruiters/Employers need to be aware that ICAEWjobs.com does not screen these CV’s in any way and is not responsible for determining a Candidate’s suitability for a vacancy.
It must also be noted that any searching or screening tools provided by ICAEWjobs.com for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist Recruiters/Employers in taking these steps, but are not intended as a substitute.
10.2 Rights in the database: Database rights and all other applicable copyright and intellectual property rights in the Candidate database belong to ICAEWjobs.com. By accepting these terms you acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its content is governed by these terms and conditions.
10.3 Use of the database: By using ICAEWjobs.com’s candidate database you agree to only use it to aid your search for suitable Candidates for your job vacancies. You agree to deal fairly and professionally with Candidates from the database and to not do anything which may bring ICAEWjobs.com or the ICAEW into disrepute. You will indemnify ICAEWjobs.com from and against any claim brought by a Candidate against ICAEWjobs.com arising from your breach of this obligation or any other of these terms and conditions.
Information about Candidates gathered from the database should be used in connection with your own recruitment-related activities and to help determine their suitability for job vacancies.
Any personal information released (such as Candidate contact details) should be used for the purpose of contacting them only.
You may not:
- Copy or sell any material contained in the database to any other person (including another member of your group of companies).
- Download the database through any automated means (e.g."scraping).
- Use the information gathered from the database to contact Candidates for any other means than aiding your search for suitable Candidates for your job vacancies. You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations.
11. ONLINE ADVERTISING AND CAMPAIGNS
11.1 These terms and conditions apply to all advertising material ("Campaigns") accepted by ICAEWjobs.com for display on any part of the website. Campaigns include banner and button advertising, sponsored jobs and targeted e-mails and by purchasing any one of these you are deemed to have accepted these terms and conditions in principle, even if you are acting as an agent or buyer for the actual advertiser.
11.2 In order for your campaign to go-live on the Website the section below outlines the timescales we need to receive Campaign content so that the Campaign goes live on the specified date:
- Button adverts – at least 2 days prior to go-live date;
- Banners and MPUs – at least 4 days prior to go-live date;
- Premium job listing – at least 2 days prior to go-live date;
- Targeted e-mail – at least 5 days prior to go-live date.
If we do not receive the relevant content within these time scales ICAEWjobs.com cannot guarantee that the Campaign will go live on the date scheduled, and it may be necessary to re-schedule depending on availability. If this is the case you must pay the full amount set out in the Order Form irrespective of whether any delivery targets have been met.
11.3 If you wish to cancel or amend a booked Campaign or any part of it you must inform us via telephone or fax at the number on the Order Form at least 2 days before 9am on the go-live date. Campaigns cancelled within this time scale will receive a refund of any fees paid, however if you fail to give ICAEWjobs.com the afore mentioned cancellation notice no refund will be given.
11.4 Responsibility for the Campaign content and for ensuring that it complies with all relevant legislation and codes of practice lies with the Customer. If ICAEWjobs.com receives any complaints about the content or nature of any Campaign we may, at our discretion, remove the Campaign from the website without reference or liability to you. You will indemnify ICAEWjobs.com against any claim that the Campaign or its content infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive. If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is your responsibility to ensure the advertisements you place on ICAEWjobs comply with the Conduct Agencies and Employment Businesses Regulations 2003.
© ICAEW, 2012 – All Rights Reserved.