Terms and Conditions

 

This page (together with the documents referred to on it) contains the terms and conditions on which we will advertise job vacancies on our website at www.search4procurement.com (our site) for you.  Please read these terms and conditions carefully before placing an advertisement on our site.  You should understand that by placing an advertisement on our site, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please click on the button marked “I Accept” at the end of these terms and conditions if you accept them.  Please understand that if you refuse to accept these terms and conditions, you will not be able to place an advertisement on our site.

1. Information about us

www.search4procurement.com is a site operated by GPA Search & Selection Limited (we, us, our).  We are registered in England and Wales under company number 6670901 and our registered office is at Windsor House, Cornwall Road, Harrogate HG1 2PW. Our VAT number is 947684173

2. Advertising

2.1 You undertake to ensure that any information placed on our site or received from you for placing on our site meets the following content standards:

• 2.1.1 it is true, accurate, relevant and genuinely stated (in the case of opinions) and not in any way misleading;
• 2.1.2 it is not in breach of any applicable laws, codes, guidance or regulations (including but not limited to those relating to advertising standards);
• 2.1.3 it does not and will not infringe any third party intellectual property rights; and
• 2.1.4 it does not contain any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

2.2 Any information placed on our site or received from you for placing on our site must not:

• 2.2.1 be defamatory of any person;
• 2.2.2 be obscene, offensive, hateful or inflammatory;
• 2.2.3 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• 2.2.4 disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual unless such individual has provided consent for use of his or her data in this way;
• 2.2.5 infringe any copyright, database right or trade mark of any other person;
• 2.2.6 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• 2.2.7 be in contempt of court;
• 2.2.8 be likely to harass, upset, embarrass, alarm or annoy any other person;
• 2.2.9 impersonate any person, or misrepresent your identity or affiliation with any person;
• 2.2.10 give the impression that the advertisement emanates from a particular person or entity if this is not the case;
• 2.2.11 advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
• 2.2.12 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; and/or
• 2.2.13 contain any advertising or promote any services or web links to other sites unless this is otherwise approved by us.

2.3 The assessment of whether information placed on our site or received from you for placing on our site meets the restrictions and requirements set out in clauses 2.1 and 2.2 shall be ours.

2.4 The site may only be used for lawful purposes by individuals seeking employment and by employers and recruitment agencies/companies seeking employees. You agree to use the site only to send content and to receive materials that are proper and related to the purpose of the site.

2.5 You may be provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.

2.6 We may decline to accept your advertisement for any reason. We may also remove any advertisement at any time without notice to you but we will only do so where it is reasonable to do so in our sole opinion. If we do so because you have breached this Contract then we shall not be liable to you for any damages or loss which you suffer as a result of such removal.

2.7 Unless otherwise agreed, we shall have absolute discretion over where any advertisement appears on our site and we may move your advertisement to a different position at any time. If you pay to have your advertisement placed in a premium advertising space on our site we shall only move your advertisement to locations within our premium advertising space.

2.8 We give no warranty as to the quantity and quality of the responses to any advertisement placed on our site and no refund will be given in the event no responses or inadequate responses are received.

2.9 Following the placing of your advertisement on our site all applications in response to your advertisement will be sent directly to you by URL link or another preferred method as may be agreed with us. We will play no further part in the process from then on.

2.10 We may, from time to time, allow you the opportunity to review our current CV database/bank and this may attract an additional cost. You undertake, at all times, to comply with the provisions of the Data Protection Act 1998 in relation to any personal data passed to you by us.

2.11 Each advertisement shall be published on our site for the period specified here.

2.12 You shall, at all times during and after the expiry or termination of the Contract, indemnify us and keep us indemnified against all losses, damages, costs or expenses and other liabilities (including legal and other professional fees) incurred by, awarded against or agreed to be paid by us arising from any breach of your obligations under this clause 2 except and to the extent that such liabilities have resulted directly and entirely from our instructions or actions.

3. How the Contract is formed between you and us

After placing an order to advertise, you will receive an e-mail or fax confirmation from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order constitutes an offer by you to us to place an advertisement or advertisements.  All orders for advertisements are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email or fax which confirms your client registration and credit purchase.  The contract between us (Contract) will only be formed when we send you an email or fax confirming your client registration.

4. Copyright and Trade Marks

4.1 By submitting or placing information on or for placing on our site, you agree to grant GPA Search & Selection Limited a non-exclusive licence to use that information. Although you will not transfer to us any intellectual property rights in such information. This licence will be free of charge, perpetual and capable of sub-licence.

4.2 Please also note that, in accordance with the content restrictions and requirements set out in clauses 2.1 and 2.2 above, you must ensure that your information does not infringe any copyright, database right or trade mark of any other person. By submitting or placing information on or for placing on our site, you are warranting that you have the right to grant GPA Search & Selection Limited the non-exclusive copyright licence described above.

4.3 If the information you place or submit for placing on our site contains trade marks, trade names or brand names you hereby grant us a licence to use such trade marks, trade names or brand names for the purposes of placing and using them in respect of your advertisement for the period of time your advertisement remains on our site.  If you are not in a position to grant such a licence to us, please do not submit the trade marks, trade names or brand names as part of your advertisement.

5. Links to and from our site

5.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

5.2 You must not establish a link from any website that is not owned by you.

5.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content restrictions and requirements set out in clauses 2.1 and 2.2 above.

5.4 Where our site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

6. Price and payment

6.1 The price of any advertisements will be as quoted on our site and may be changed from time to time by us. The current prices are set out at here These prices exclude VAT, which will be added to the total amount due.

6.2 Subject to clause 6.5, payment of the price is due in pounds sterling within 14 days of the date of the invoice. You may be permitted to pay online via our site or by way of BACS transfer where this option is made available to you, if you select either of these additional payment options your payment shall be due immediately.

6.3 You will not be entitled to place or have placed an advertisement on our site until we have received sums due from you in respect of such advertisement.

6.4 Time for payment shall be of the essence of the Contract.

6.5 No payment shall be deemed to have been received until we have received cleared funds in full. All sales are final and non refundable.

6.6 All payments payable to us under the Contract shall become due immediately on its termination despite any other provision.

6.7 You shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.

6.8 If you fail to pay us any sum due pursuant to the Contract, you shall be liable to pay interest to us on such sum from the due date for payment at the annual rate of 4% above the base lending rate from time to time of Bank of England, accruing on a daily basis until payment is made, whether before or after any judgment.  We reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

7. Our liability

7.1 Whilst we will use our reasonable efforts to make our site available for access via the Internet, we do not give any guarantee that our site will be available nor do we accept any liability for any failure of our site or your advertisement to be available due to any circumstances beyond our reasonable control including without limitation to any breakdown or malfunctioning of any computer software, equipment, telecommunications facilities or services.

7.2 We shall not be liable for the contents of any advertisement appearing on our site and shall be under no obligation to ensure that any content is removed from our site.

7.3 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. We do not accept any liability arising from any inaccuracy or omission in any of the information on this site supplied by you, any other site user or any other person.

7.4 Our sole liability and your sole remedy in respect of any error by us in displaying or failing to display your advertisement on our site shall be for us to use our reasonable endeavours to rectify the error as soon as reasonably practicable following receipt of an e-mail from you bringing it to our attention.

7.5 Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the services under this Contract shall be limited to the amount you have paid to us in respect of the relevant advertisement(s).

7.6    Nothing in this Contract is intended to exclude or limit in any way our liability:

• 7.6.1 for death or personal injury caused by our negligence;
• 7.6.2 under section 2(3) of the Consumer Protection Act 1987;
• 7.6.3 for fraud or fraudulent misrepresentation; or
• 7.6.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

7.7 To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• 7.7.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
• 7.7.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

8. Termination and expiry

8.1 All advertisements will expire at the end of the agreed advertisement period which shall be that set out here unless otherwise agreed in writing.

8.2 Either party to this Contract may terminate the Contract by giving notice to the other if the other is in breach of any of the terms of the Contract and (where capable of remedy) fails to remedy such breach within 14 days of such notice.  For the avoidance of doubt, any such Contract shall terminate forthwith if we remove your advertisement from our site in accordance with clause 2.6.

8.3 We may terminate this Contract at any time by providing 30 days written notice to terminate.

9. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing.  When using our site, you accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This clause does not affect your statutory rights.

10. Notices

All notices given by you to us must be given to GPA Search & Selection Limited at Windsor House, Cornwall Road, Harrogate, HG1 2PW or . We may give notice to you at either the e-mail or postal address you provide to us when placing an order.  Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

11. Transfer of rights and obligations

11.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.

11.2 You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.

11.3 We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

12. Events outside our control

12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• 12.2.1 strikes, lock-outs or other industrial action;
• 12.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• 12.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• 12.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• 12.2.5 impossibility of the use of public or private telecommunications networks; or
• 12.2.6 the acts, decrees, legislation, regulations or restrictions of any government.

12.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

13. Waiver

13.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

13.2 No waiver by us of any of the terms and conditions of this Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.

14. Severability

If any of the provisions of this Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15. Entire agreement

15.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

15.2 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

16. Viruses, Hacking and other Offences

16.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

16.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

16.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

17. Our right to vary these terms and conditions

We may revise these terms and conditions at any time. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.

18. Reliance on Information Posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

19. Law and jurisdiction

This Contract will be governed by English law.  Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.