REGISTERED USER TERMS AND CONDITIONS – CarWashJobs
Version 2 – 011018
ANY PERSON OR ENTITY ("User"), REGISTERED TO USE OR ACCESS THE SITE AT www.CarWashJobs.co.uk (“Site”) AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS REGISTERED USER AGREEMENT ("User Agreement").
- Contracting parties. When you register with the Site, you are contracting with Gilmore Consultancy Limited, trading from Bridge Studios, 318-326 Wandsworth Bridge Road, London SW6 2TZ. Gilmore Consultancy Limited is referred to in these terms and conditions as "we", "us", "our". “Car Wash Jobs” or “CWJ”. You confirm that you have authority to bind any business on whose behalf you use this Site. You must be at least 18 years old to register with CWJ.
- Passwords. You agree: to keep your password secure and confidential and to not allow anyone else to use your email address or password to access the Site; to not do anything which would assist anyone who is not a registered User to gain access to any secured area of the Site, and; to not create additional registration accounts for the purpose of abusing the functionality of the Site, or other users, or to seek to pass yourself off as another User. If you think someone else has obtained your account details, please let us know immediately and we will close your account as quickly as possible. You will be responsible to CWJ and to others for all activity that occurs under your registration account.
- Site Content. This Site is intended only for the purposes specified on the Site, and your use of the Site and/or all content contained therein (“Content”) is entirely at your own risk. Please note, whilst we endeavour to provide accurate and up-to-date information, the Content may not be wholly accurate or up-to-date, complete or free of defects, and is subject to change at very short notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. CWJ, unless otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and the Content. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site or Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted on the Site or under UK or local law. For the avoidance of doubt, CWJ reserves the right to amend any or all wordings or other details provided by Users for suitability and/or to optimise such content. The Site and the Content are for your personal use only, and are not for re-distribution, transfer, assignment or sublicense.
- The Service. Using the Site, as an Employer User you may advertise vacancies at your car wash business and as a Job Seeker User you may search for suitable jobs and respond to advertised vacancies at car wash businesses throughout the UK (the “Service”). Listings may feature job descriptions, candidate profiles, CV information, references, job application and management information relevant to car wash jobs.
- Subscriptions. The Service is available to Employer Users and Job Seeker Users on the basis of free (advertising-funded) use and via a Premium subscription (for which monthly fees are as listed on the Site). Once subscribed on the Premium basis, your subscription will be automatically renewed unless you notify us that you want to cancel or do not want to automatically renew at the end of the then-current period. You acknowledge and agree that your subscription will automatically renew and you authorise us (without further notice to you) to collect the then-applicable subscription fee using any payment case details we have on record for you. If all payment cards we have on file for you are declined for payment, your subscription will be cancelled at the end of the then-current paid period.
- Prices and Payment. Prices for subscriptions are as set out on the relevant pages of the Site (except in cases of obvious error). Prices are subject to change and we reserve the right to change our prices at any time by posting new prices on the Site. All prices are inclusive of VAT unless otherwise stated. All payments must be by credit or debit card, as posted on the Site. All credit/debit cardholders are subject to validation checks and authorisation by the relevant card or other payment system. If your payment system refuses to authorise payment, your order will be cancelled and we will not be liable for any resulting losses. By using your credit or debit card or payment system account, you confirm that the card/account is yours and that there are sufficient funds or credit available to cover the charges.
- Liability. CWJ does not warrant or guarantee any response to posted advertisements and CWJ does not warrant or guarantee that any received response will be from a suitable individual. It is each Business User’s responsibility to undertake enquiries, checks and interviews as may be necessary to ensure suitability and confirm the accuracy and veracity of qualifications and personal characteristics. You agree that the liability of CWJ to you hereunder shall be limited to the greater of: (a) the amount you have actually paid to CWJ for its products or services; and (b) one hundred pounds (£100). Except as set out herein, CWJ shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Site or in relation to the services that we provide. Nothing in this User Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of CWJ.
- Indemnity. You agree to indemnify CWJ for any loss or damage that may be incurred by CWJ, including without limitation legal fees, arising from any breach by you of any warranty or other term herein or your misuse of any material or information obtained through the Site. You further undertake to indemnify CWJ for all loss or damage incurred by CWJ in relation to any third party claim against CWJ for infringement of intellectual property rights arising in relation to your provision of materials to the Site.
- Termination of this User Agreement and/or Registration/Subscription. You may close your registration account at any time in accordance with the account closing procedures detailed on the Site. CWJ may terminate this User Agreement and/or your subscription at any time with or without notice if, in our sole discretion, we believe that you may have breached (or acted in a manner indicating that you do not intend to or are unable to comply with) any term herein, or if we are legally required to do so by law, or if continuation is likely to be no longer commercially viable. If we terminate your registration and/or subscription without cause, we may in our sole discretion give you a prorated refund based on the number of whole months remaining in your subscription.
- Misuse of the Service. Please note CWJ reserves the right, in the event that we have any reason to suspect unlawful or unethical activity about or in relation to a User, to report the matter to the appropriate authority (including without limitation the Gangmasters and Labour Abuse Authority). Job advertisements posted on the Site must be for genuine vacancies only (e.g. not for consultancies, opportunities, schemes, or other services or goods). Business Users agree to deal fairly and professionally with Individuals User who respond to advertisements and to not do anything which may bring CWJ or the Site into disrepute.
- Legal Requirements for Job Advertisements. CWJ operates solely as an online communication platform and we do not intend to introduce Job Seekers to Employers (or vice versa). We do not obtain information for users to determine suitability for or of any job and we do not confirm identities, credentials, experience of or references for users. Additionally, we do not address any legal or industry requirements that may apply to specific users. Because we are only an online platform acting as an information provider, the Conduct of Employment Agencies and Employment Business Regulations 2003 do not apply to the Site or the Services and users are advised to consider those regulations in relation to job-related advertisement. The posting and search facilities provided by CWJ are intended only to assist users to comply with legal requirements and not intended as a substitute.
- Trade Marks. The brands, products and service names used or appearing within the Site or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of CWJ.
- Objectionable Material. If you encounter or become aware of any objectionable or infringing or unlawful content posted anywhere on the Site, please immediately report such material (and the specific page on which it is found) to firstname.lastname@example.org. Please note that there may be adverse legal consequences if you make a false or bad faith allegation through this process.
- Hacking. You agree and undertake not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site in any manner. If you in any way Interfere with the Site, you agree to pay all damages incurred by CWJ. We will cooperate with the authorities in prosecuting any User who Interferes with the Site or otherwise attempts to defraud CWJ or any other parties through your use of the Site or services provided via the Site. We reserve the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. You agree that we may block your IP address or addresses at any time, and at our sole discretion to disallow your continued use of the Site. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this User Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.
- No Partnership. Your use of the Site and/or the Content creates no partnership, client, fiduciary or other professional relationship.
- Entire Agreement. This User Agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this User Agreement.
- Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.
- Severance. If any part, term, or provision of this User Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.
- No Waiver. No waiver, express or implied, by either party of any term or condition or of any breach by the other of any of the provisions of this User Agreement shall operate as a waiver of any breach of the same or any other provision of this User Agreement.
- No Assignment. You may not assign or sub-contract any of your rights or obligations under this User Agreement, or any related order for Products, or your subscription, to any third party except as allowed in these terms or if agreed in writing by CWJ.
- Variation. This User Agreement may be varied from time to time by our posting new terms on the Site, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Site. Your continued use of the Site or the Service constitutes agreement with and acceptance of any such amendment or other changes. For the avoidance of doubt: your continued registration, subscription or use after any such change shall constitute your acceptance of the change. If you do not agree to any change, you must cancel your subscription and/or stop using the Site and the Service. However, any increase in the subscription fee will not apply until your subscription is renewed. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions.
- Law and Jurisdiction. This User Agreement shall be governed by and will be construed in accordance with the laws of England. Any disputes arising under or in connection with this User Agreement shall be subject to the exclusive jurisdiction of the English Courts.
- Contacting Us. For enquiries, please contact us at the following address: Gilmore Consultancy Limited, Bridge Studios, 318-326 Wandsworth Bridge Road, London SW6 2TZ, or contact us at email@example.com.