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Candidate – Terms and Conditions
Please read this agreement carefully. It sets out the terms under which Salonspa Solutions offers you use of its services as defined in clause 1.1 of this agreement by means of Salonspa Solutions (the “website”). By using any of the services and/or the website you agree that you have read and accept these terms and conditions and that they shall apply to your use. if you do not wish to be bound by them, please do not register for or use this website.
This Agreement is made between you and Salonspa Solutions.
1. The Services
By means of the Website, Salonspa Solutions makes available an on-line recruitment and employment information service, where recruiters place advertisements for positions which they have and if interested you may submit responses to such positions (the “Services”).
Please note that when responding to recruiters you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without Salonspa Solutions as a party and Salonspa Solutions cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
The Services are only available on the completion of the registration section of the Website including confirmation that the relevant terms and conditions have been read and accepted.
2. Use of the Website and the Services
The Website and the Services are for personal and non-commercial use only. You may copy electronically and print portions of the Website and/or the Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on the Website and/or the Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Website and/or the Services (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of Salonspa Solutions is strictly prohibited. You also agree not to deep-link and/or frame the Website or any of the Services for any purpose, unless specifically authorised by Salonspa Solutions to do so.
You agree that you shall not use the Website or the Services to transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, untrue, in breach of confidence, in breach of any intellectual property right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm Salonspa Solutions’s computer systems or any third party computer system.
By registering to use the Services pursuant to clause 1.3, you automatically and hereby grant to Salonspa Solutions a royalty free right to display, copy, reproduce and make available on the Website and otherwise deal with as necessary to provide to you the Services any material and information which you may provide to Salonspa Solutions through your use of the Services.
Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Website and/or the Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Website, the Services and/or in any directory or other listings or information retrieval service made available on or by the Website and/or the Services has been so made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. All liability of Salonspa Solutions, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Website and/or the Services is expressly excluded to the fullest extent permitted by law.
Salonspa Solutions make no warranty that the contents of any and all e-mails communicated through the Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
The Website and/or the Services may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only and Salonspa Solutions is not responsible for and does not give any warranties or make any representations regarding any such websites and/or services and is not responsible for or liable in relation to the content or your use of such websites (save to the extent required by law).
You acknowledge that Salonspa Solutions is not responsible for third party content on the Website and that Salonspa Solutions cannot ensure that material presented on the Internet is legal. Salonspa Solutions will not limit access to material unless notified that it is illegal. In particular, you acknowledge that Salonspa Solutions is not responsible for and does not monitor the content of job postings provided by third parties on the Website. However, Salonspa Solutions shall have the right to remove any postings, materials or other items on the Website which it believes may be illegal or which it determines to be inappropriate.
Salonspa Solutions will not be a party to any communications whatsoever between you and those responding to any use which you may make of the Services, although Salonspa Solutions reserves the right to monitor any such communications which are made by you or third parties by means of the Website and/or the Services.
2.9 Intellectual Property
Save to the extent permitted by this Agreement, Salonspa Solutions does not grant any licence or other authorisation to use any of its trade marks, product names, company names or logos or any of its copyright works or other intellectual property rights by placing them on or making them available by means of the Website or the Services.
3. Availability of the Website and the Service
Salonspa Solutions does not promise full, uninterrupted or error free operation of the Website and/or the Services. All liability of Salonspa Solutions, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website and/or the Services is excluded, insofar as it is possible to do so in law.
Where you are asked to complete a registration form the personal details that you provide must be true, accurate and complete. You agree to notify us of any changes which are relevant to your registration.
5. Data Protection and Use of Personal Information
For more information on your data and privacy rights:
Salonspa Solutions may terminate, suspend or deny you access to the Website and/or Services immediately for any reason without incurring any liability whatsoever to you.
You agree to indemnify Salonspa Solutions and all companies within the Salonspa Solutions group for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by Salonspa Solutions or as a consequence of your breach of this Agreement and/or your use of the Website and/or Services (save to the extent that a court of competent jurisdiction holds that such a claim arose due to an act or omission of Salonspa Solutions).
8. Force Majeure
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party’s reasonable control including without limitation any power failure.
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail or first class postto the other party’s address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail shall be deemed to have been delivered on the next working day following transmission.
This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Salonspa Solutions’s prior written consent.
11. No Waiver
Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
If any provision of this Agreement or part thereof is determined to be invalid, unlawful or unenforceable, such provision, or part thereof, shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
13. Variation of Terms
This Agreement (together with any variations to it pursuant to clause 13.2) constitutes the entire agreement between the parties in respect of its subject matter.
Salonspa Solutions reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted on the home pages of the Website. Changes in this manner shall be deemed to have been accepted if you continue to use the Website and/or the Services after a period of two weeks from the date of transmission of the e-mail or of posting on the home pages of the Website, whichever occurs later.
14. Law and Jurisdiction
This Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.
Customer Terms and Conditions
1. Customer Terms and Conditions
These Terms and Conditions form part of the Agreement between the Customer and Salonspa Solutions, “We”, “Us”, “Our” and apply to the Customer’s use of Website and the online recruitment and information services offered through the Site(“the Service”). By accessing or using the Service, the Customer accepts these Terms and Conditions.
‘Agreement’ means these Terms and Conditions and the services outlined in the Customer Registration Form.
‘Candidate’ means an individual jobseeker, seeking to obtain employment using the Site.
‘Contract Term’ means the duration of contract, expressed in weeks, as detailed on the Customer registration Form.
‘Customer / Client’ means any person, organisation or company which purchases the service and accesses the Service via a user name and password.
‘Customer / Client Registration Form’ means the form which the Customer signs in order to obtain the Service.
‘Data Protection Laws and Regulations’ means all laws and regulations of the European Union and the European Economic Area regarding the control and processing of personal data and the protection of individuals rights with regard to that data. This includes the free movement of data (or any successor legislation) and any laws or regulations regarding the processing of personal data applicable in the jurisdiction in which the Customer is operating.
‘Job Listing’ means an advertising position on the Websites into which Job Ads are inserted and made available to Candidates through search and promotion.
‘Job Ad’ means an advertisement for an employment vacancy, placed by a Customer into a Job Listing.
‘Job Info’ means information in a Job Advert.
‘Licence Fee’ means the fee payable by the Customer to Us for the Service as detailed on the Customer Registration Form
‘Personal Data’ for the purposes of these terms and conditions means data which relate to a living individual who can be identified (a) from those data, or (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the Customer and includes any expression of opinion about the individual and any indication of the intentions of the Customer or any other person in respect of the individual.
‘Recruitment Agency’ means an Employment Agency or Employment Business as defined by the Employment Agencies Act 1973 (and all regulations made there under)
‘Service’ refers to the level of access to the Websites and CV Service (where applicable) in accordance with the products detailed on the Customer Registration Form.
‘CV’ means the document, profile, structured and linked data provided by or assembled by a Candidate on the Websites relating to their career and employment history.
3. Provision of Service
3.1 In agreeing to these Terms, the Customer accepts the functionality and design of the Service as amended from time to time by Us and that the Service cannot guarantee a particular level of response to adverts or the minimum number of CVs available through the CV Service subject to the special terms noted in 5.7 below in relation to Guaranteed Response Job Listings.
4. Price and Payment
4.1 The Customer shall pay Us for the Service in full and shall pay all applicable VAT and other taxes imposed on charges for services made under this agreement.
5. Customer Obligations and Responsibilities
5.1 The Customer accepts that, following any contact with Candidates:
5.1.1 It shall be up to the Customer and the Candidate to agree how to progress matters further;
5.1.2 That the Customer shall act in good faith and in a business-like and courteous manner; and
5.1.3 That the Customer shall keep strictly confidential all confidential information disclosed by the Candidate and act in accordance with the all applicable Data Protection Laws and Regulations and the Employment Agencies Act 1973 (and all other relevant legislation and regulations made there under).
5.2 The Customer agrees to abide by Our rules for Job Listings (which may vary from time to time), these rules are:
5.2.1 Job Info to be categorised accurately using the appropriate job category for each listing; and
5.2.2 No gratuitous use of keywords in job descriptions, job summaries, job titles or keyword fields. Gratuitous is defined as inserting words, strings of words or repeating job titles which attempt to influence the position of the results listing; and
5.2.3 Job Info which discriminates on grounds of sex, race, age or disability is illegal and may result in proceedings being taken against the Customer; and
5.2.4 The Customer shall be limited to Reasonable Use of Job Listings in the creation of Job Ads; and
5.2.5 If the Customer has purchased a Guaranteed Response Job Listing, then the provisions of 5.7 below shall apply.
5.2.6 Vacancies advertised must be currently available and details verifiably accurate. Generic job listings cannot be accepted for publication.
5.3 It is the Customer’s responsibility to advise Us of any change to their contact details, address and/or business activities.
5.4 The Customer shall not resell the Service purchased from Us to any third party. The Customer agrees that We shall be entitled (in addition to its entitlement to terminate this Agreement) to remove any unauthorised listings as We may in Our sole discretion determine.
5.5 The Service is for use by the Customer only and allows exclusive access to the Service using unique user names and passwords in accordance with these Terms. If the Customer or any director, employee, agent or affiliate of the Customer is found to share user names and or passwords with any party who is not a Customer then such sharing will be a material breach of this Agreement.
5.6 If the Service includes a CV Service, the Customer accepts that:
5.6.1 The Customer may not contact the individuals on the CV Service or make or allow any use of the information about those individuals, other than for the purpose of finding suitable Candidates for specific current job vacancies; and
5.6.2 The Customer shall ensure that no automatic extraction software (to include software tools commonly known as robots or spiders) or any other means are engaged or deployed to facilitate the downloading or capturing of CVs from Our database irrespective as to which CV Service has been purchased from Us.
5.6.3 The Customer shall not resell CVs accessed (CV searching or from CV alerts) from Us.
5.6.5 We are not responsible for application emails or CV alerts emails once they have left Our mail server. It is the Customer’s responsibility to resolve any issue with non receipts of emails with their email service provider.
5.7.1 An Application is defined as a response to a Job Advert, whether by application email from Us or Our partner or affiliate; referral to an online application form or other website; or direct Candidate contact to a Customer’s email address or phone number.
5.7.6 We make no warranty or representation as to the appropriateness of any Candidates applying under the Guaranteed Response Job Listing, nor that such Candidates will be shortlisted or placed.
5.8.1 Customer agrees not to pass CV data on to a third-party except for purposes relating to a prospective job offer or application made by the candidate.
5.8.4 Customer agrees that the CV Service shall not be used by it:
(a) for any purpose other than as an employer or recruitment or staffing agency acting on behalf of an employer, seeking employees for job vacancies, including but not limited to advertising promotions, products, or services to any Candidates whose CVs are in the CV Service;
(b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to Jobseekers or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has informed Customer that they do not want to be contacted); or
(c) to source Candidates or to contact Candidates in regards to career fairs and business opportunities.
6. Our Obligations and Responsibilities
6.1 To provide the Services with reasonable care and skill.
6.2 To maintain Services on a 24 hour by 7-day basis subject to periodic essential maintenance. If the Websites and Service are unavailable for any consecutive period of 48 hours due to our fault and with the exception of de-activated accounts due to late payment or for breach of Customer’s obligations, We shall extend the Term of this agreement by the period of such non-availability, without further payment from the Customer.
6.3 If for reasons beyond Our control We are unable to keep the Websites live or updated for a period of 10 working days or more, the Customer shall be entitled to a pro rata rebate of monies paid to Us.
6.4 We shall make such modifications to any Job Info or other Service as are reasonably requested by the Customer provided that Salonspa Solutions reserves the right to charge at its prevailing rates for the time involved with such modifications.
6.5 If We receive complaints from any Candidate or otherwise becomes aware that a Candidate has been offered services, apart from specific live jobs, We reserve the right to terminate or suspend the Contract without incurring liability to the Customer. The Customer will have no claim against Us in such circumstances. Furthermore, the Customer shall not be entitled to any refund of Licence Fees paid to Us.
6.6 We may at Our sole discretion add or remove any of the Websites from the Service.
6.7 We may at Our sole discretion decide which Job Listings are published to additional Websites and have the right to decline to publish or change Job Listings.
7. Multi-Job Posting Service
7.1 The Customer accepts that We are not responsible for:
7.1.1 The establishment or maintenance of any account held with any multi-job posting supplier;
7.1.2 Any errors, omissions, duplicate entries or faults caused by any multi-job posting suppliers;
7.1.3 Communicating updates to the job posting screen, Service, and xml feed to third-party suppliers.
8. Data Protection
8.1 Customer shall take appropriate physical, technical, and organisational administrative measures:
8.1.1 to prevent unauthorised or unlawful processing of any Personal Data;
8.1.2 to protect any Personal Data against accidental loss, destruction or damage;
8.1.3 to include taking reasonable steps to ensure the reliability of the personnel having access to the Personal Data; and
8.1.4 having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to:
(i) the harm that may result from breach of those measures; and
(ii) the nature of the Personal Data to be protected.
8.2 If a party receives a request from a Candidate for access to Personal Data or any other request relating to the other party’s obligations under the relevant Data Protection Laws and Regulations the party shall:
8.2.1 immediately notify the other party; and
8.2.2 provide full co-operation and assistance to the other party in relation to any such complaint or request:
(i) providing the other party with full details of any such request;
(ii) providing the other party with any Personal Data it holds in relation to the Candidate making the request in a form specified by the other party and within 20 days of receipt of the request from the Candidate or as otherwise stipulated by the other party; and
(iii) comply with the data access request within the relevant timescales set out in the relevant Data Protection Laws and Regulations and in accordance with explicit authorisation to do so from the other party.
8.3 Customer agrees to indemnify and keep indemnified and defend Us at its own expense against all costs, claims, damages or expenses incurred by Us or for which We may become liable due to any failure by Customer or its employees or agents to comply with any of its obligations under this section, or its respective obligations under the applicable Data Protection Laws and Regulations.
8.4 Customer Data Privacy
9.1 This Agreement may be terminated by Us:
9.1.1 If, after We have provided written notice to the Customer of breach of Customer Obligations (section 5 of these Terms), such breaches are not rectified by the Customer within 5 working days;
9.1.2 If the Customer fails to pay Us on the due date any sums that may be due under this Agreement;
9.1.3 If the Customer makes any material misrepresentation in order to become a Customer of the Service;
9.1.4 If the Customer is using the Website or Service for any improper use or in a manner which We reasonably believe may damage the reputation of either the Website or the Services provided by Us;
9.2 Either party may terminate this agreement immediately by notice to the other if any resolution or petition to wind up the other’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a receiver or administrative receiver of the other’s undertaking, property or assets shall be appointed. The Customer acknowledges that except in such circumstances, it has no right to terminate this agreement before the expiry of the Contract Term referred to in the Customer Registration Form.
10. Third Party Sites
10.1 The Customer acknowledges that the Websites are publicly available on the internet and that Job Info and Job Ads may be copied from the Websites without Our permission by third party websites and that We has no control over such content or third party websites.
10.2 Job Info and Job Ads posted on the Websites may also appear on third party websites pursuant to agreements from time to time between Us and the proprietors of such websites.
11. Entire Agreement
11.1 This Agreement forms the entire understanding of the parties and supersedes all previous Agreements, understanding representatives relating to its subject matter.
11.2 No addition, amendment or modification of these Terms shall be effective, unless in writing and signed as accepted by a Director of Salonspa Solutions.
12. Governing Law
12.1 This Agreement shall be governed and construed in accordance with English law and under the jurisdiction of the English courts.
13.1 No neglect, delay or indulgence by Us in enforcing any provision of this Agreement shall be construed as a waiver and no single or partial exercise of any right or remedy shall affect or restrict the further exercise or enforcement of any such right or remedy.
13.2 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its Terms.
13.3 The Agreement is personal to the Customer and may not be assigned or transferred to any third party without the prior written consent of a Director of Salonspa Solutions.
13.4 Each Term of this Agreement is severable and distinct from the others and, if any provision is, or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, that provision shall to that extent be deemed not to form part of this Agreement but the validity, legality or enforceability of the remaining parts of this Agreement shall not be affected or impaired, it being our intention that every provision of this letter shall be and remain valid and enforceable to the fullest extent permitted by law.
13.5 We reserve the right to vary this Agreement from time to time. Such changes shall either be notified to you by email or posted on the Websites. Such changes shall be deemed to be accepted if you continue to use the Websites or Service after a period of one week from the date of transmission of the email or of posting on the Website, whichever occurs later.