COMMERCIAL TERMS AND CONDITIONS FOR USE OF THIS WEBSITE (Check4Jobs.com®)

Definitions

Any capitalized terms not otherwise defined herein shall have the meanings ascribed to them below.

• "Action" means each occurrence of a user purchasing, subscribing, licensing a product or service or otherwise making a transaction with Advertiser through an Advertisement on the Website that the user Clicked.
• "Advertisement" means all advertising content, including photographs, images, artwork, logos, data, text and other creative, and any other material of data supplied by Advertiser for display on the (Check4Jobs.com) Website.
• "Click" means each occurrence of a user clicking on a link displayed in an Advertisement on the Website.
• "Website" means the Check4Jobs.com website, which is owned and operated by Check4 Ltd (see full trading details above), or any other websites for which Check4 owns, operates and powers the job search results and/or advertising.

Terms of Agreement

The term of this Agreement shall be designated by Check4Jobs.com in the Advertising Agreement. Pricing is subject to change by Check4Jobs.com from time to time in its sole discretion. By registering as an Advertiser and checking the I accept Check4Jobs terms & conditions box you are bound by law to these commercial terms and conditions that are set out forthwith. This includes our standard payment terms, site usage and agreeing to our privacy policy.

Membership Condition

The Website services are not available to, and may not be used by persons who are temporarily or indefinitely suspended Website members.  If you are a business entity,  you represent that you have the authority to bind that entity to this Agreement.

Password

You must choose a password on completion of the application process.  You shall be responsible for all actions taken under that password and shall only access the Website using your own password.  You should not disclose your password to any other person.

Pricing and Terms of Payment

Payments by Advertiser shall be made in accordance with the payment terms set forth in the applicable Advertising Agreement and or Insertion Order provided by Check4Jobs.com. The pricing that the Advertiser will pay for the Advertisements will be determined by Check4Jobs.com for basic listings and by the Advertiser themselves if they are using our sponsored keyword based bidding system.

Advertisers will be charged on a pay-per-Click or pay-per-application model. Amounts not paid by the Advertiser after any due dates shall bear interest at the rate of four (4%) per month above the Bank Of England base rate until paid in full. In the event of any failure by Advertiser to make payment the Advertiser shall be responsible for all reasonable expenses (including legal fees, court costs and collection agents’ fees) incurred by Check4Jobs.com in collecting such amounts. Advertiser hereby authorizes Check4Jobs.com to charge all fees and other amounts incurred hereunder for the Deposit Amount set forth by agreeing to our Advertising Agreement and or Insertion Order. All payments will be applicable to taxes unless you are a non member of the EU.

All payments must be made in GBP (Great British Pounds). If Advertiser disputes any charge under this Agreement, Advertiser must notify Check4Jobs.com in writing and by calling 0845 6025009 within thirty (30) days after the dispute. Failure to so notify Check4Jobs.com within this time frame shall result in the waiver by the Advertiser of any claim relating to any such disputed charge.

Display of Advertisements and Jobs Listings

• The positioning of Advertisements (also known as job listings) within the Website or on any page therein is at the sole discretion of Check4Jobs.com. For sponsored keyword adverts the position will be determined by Check4Jobs.com own automatic bidding system. In no event will adjustments, reruns or refunds be made for any reason (other than negligence by Check4Jobs.com) because of the web page position, amount of click through traffic sent, quality of applications provided or section or position in which an Advertisement has been published.
• Check4Jobs.com may redesign the Website at its sole discretion at any time and without notification sent to Advertiser.
• Check4Jobs.com reserves the right to, and in its sole discretion may, at any time, review, reject or modify any Advertisement, or remove any Advertisement from the Website to comply with any policy of Check4Jobs.com, Governing Law and shall not be held liable for any such decision.

Provision of Advertisements and Communications

Advertiser will provide all Advertisements in accordance with Check4Jobs.com policies in effect at the time. Advertiser will direct all communications regarding the Advertisement and/or the Website to Check4Jobs.com even if the Advertisements are placed on a third party Website.

Grant of License

Advertiser hereby grants Check4Jobs.com a non-exclusive, worldwide, royalty-free right and license to market, display, reproduce (including compression and temporary storage), distribute, perform, transmit and promote the Advertisements together with any content or materials on any interactive site linked to the Advertisements through the Website.

Statistics & Reporting

Check4Jobs.com makes no guarantee with respect to usage statistics or clicks or Actions for any Advertisements. Advertiser acknowledges that delivery statistics provided by Check4Jobs.com are the official and definitive measurements of Check4Jobs.com performance on any delivery obligations provided in the Advertising Agreement. No other measurements or usage statistics (including those of Advertiser or third parties such as Google Analytics or Web Trends) shall be accepted by Check4Jobs.com or have any effect on this Agreement. Advertiser may not disclose such information to any third party without Check4Jobs.com prior written consent.

General Usage 

You acknowledge that the Internet or Check4Jobs systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication connectivity problems or other facts beyond the control of Check4Jobs and you acknowledge that Check4Jobs will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.

You will be able to access some areas of this Website without registering your details with us.  Certain areas of this Website are only open to you if you register.

By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full.  If you do not accept this legal notice in full, you must leave this Website immediately.

Check4Jobs may revise this legal notice at any time by updating this posting.  You should check this Website from time to time to review the then current legal notice, because it is binding on you.  Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

Information and Emails You Send Us or Submit

You should ensure that information you send  to Check4Jobs.com is accurate and you are prohibited from posting or  transmitting to or from this Website any material that is libellous, obscene, indecent, seditious, pornographic, menacing, threatening, offensive, abusive, liable to incite racial hatred, discriminatory, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience, fraudulent, which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringes the rights of any third party, in England or any other country in the world; which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or for which you have not obtained all necessary licences and/or approvals.

You may not misuse the Website (including, without limitation) by hacking or committing fraud

Check4Jobs will fully co-operate with any law enforcement authorities or court order requesting or directing Check4Jobs to disclose the identity or locate anyone posting any material, misusing the Website or otherwise purporting to breach the law.

If you breach of any of the terms contained in the paragraphs above Check4Jobs will terminate the services provided by this Website.

Check4Jobs accepts no responsibility or liability for the use by any third party which comes to your attention directly or indirectly through your use of this Website.

Check4Jobs.com Trademarks

Check4Jobs and its logos on this site are registered trademarks of Check4 Limited.  You may not use these names or logos without Check4Jobs consent.

No Warranty

CHECK4JOBS DOES NOT MAKE AND HEREBY SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

Liability

Check4Jobs excludes all liability it may have to you to the fullest extent permitted by law (and whether such liability arises in contract, tort or otherwise) as a result of your use of this Website.Nothing in these terms and conditions shall exclude Check4Jobs liability for death or personal injury due to its negligence or for fraudulent misrepresentation. If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data you assume all costs thereof.

Advertiser’s Representations

Advertiser represents and warrants to Check4Jobs.com that: (a) Advertiser holds all necessary rights to permit the use of the Advertisements on Check4Jobs.com for the purpose of this Agreement; (b) Advertiser holds all necessary rights and permissions to offer, sell and/or license such products and services through the Advertisements and Advertiser’s website; (c) the Advertisements and Advertiser’s website do not and will not violate any applicable laws or regulations or any third party rights, or contain any inaccuracies, omissions, misrepresentations or any material that is inappropriate, vulgar, obscene, unlawful or otherwise objectionable, including any material that encourages conduct that would constitute a criminal offense or give rise to civil liability; (d) the Advertisements will at all times comply with this Agreement and all advertising guidelines issued by Check4Jobs.com (e) Advertiser has the legal right to use all search terms purchased by it pursuant to this Agreement; (f) the person executing the Advertising Agreement on behalf of Advertiser has full authority to bind Advertiser to the terms of this Agreement and is at least eighteen (18) years of age; and (g) Advertiser will not, and will not permit, induce or encourage any third party to, generate fraudulent impressions of or fraudulent Clicks on the Advertisements or any third party advertisements on the Website, including, but not limited to, using robots or other automated query tools and/or computer generated search requests, and/or the fraudulent use of other search engine optimization services and/or software.

Indemnification

Advertiser shall bear full responsibility for all products or services offered, sold or licensed through the Advertisements or the Advertiser’s website. Advertiser will collect and pay all taxes related to the sale or licensing of such products or services. Advertiser hereby agrees to indemnify, defend and hold harmless Check4Jobs.com and its officers, directors, agents, affiliates and employees from and against any and all claims, actions, liabilities, losses, expenses, damages and costs (including court costs and reasonable legal’ fees) that may at any time be incurred by any of them by reason of any claims, suits or proceedings arising out of: (a) any breach by Advertiser of any duty, representation or warranty under this Agreement; or (b) any products or services offered, sold or licensed through the Advertisements or the Advertiser’s website.

Confidentiality

"Confidential Information" shall mean, collectively, the terms of the Advertising Agreement and any information designated in writing, or identified orally at time of disclosure, by the disclosing party as "confidential" or "proprietary". Confidential Information of Check4Jobs.com also shall include any Check4Jobs.com usage statistics, Click rates, website technology, software, programming, guidelines, documentation and the like. Neither party will use or disclose any Confidential Information of the other party except as specifically contemplated herein. The foregoing restriction does not apply to information that: (a) has been independently developed by the receiving party without access to the other party’s Confidential Information; (b) has become publicly known through no breach of this Section by the receiving party; (c) has been rightfully received from a third party authorized to make such disclosure; (d) has been approved for release in writing by the disclosing party; or (h) is required to be disclosed by a competent legal or governmental authority.

Solicitation; Privacy Policy; User Information

• Advertiser shall not send unsolicited, commercial e-mail or other online communication (e.g., "spam") through this Website.
• Advertiser shall ensure that its collection, use and disclosure of information obtained from Check4Jobs.com users under this Agreement complies with all applicable laws, regulations and privacy policies.
• Advertiser shall not disclose such user information to any party, nor shall Advertiser use or allow any other party to use such user information in any manner that is or could reasonably be expected to be used by or on behalf of any product or service competitive with Check4Jobs.com. This Section shall survive the completion, expiration, termination or cancellation of this Agreement.

Termination

Either party may terminate this Agreement at any time, without cause, upon seven (7) business days written notice to the other party. In such event, Advertiser will be responsible only for the fees and other charges incurred through the effective date of termination and if there is unused credit in Advertiser’s account. Check4Jobs.com will not refund the fees paid for such unused credits to Advertiser. If this Agreement is terminated by Advertiser, all Advertisements on the Website will be discontinued within twenty-four (24) hours of Check4Jobs.com receipt of such notice of termination.

Construction of Commercial Terms

In the event of any inconsistency between the Advertising Agreement and these Standard Terms, these Standard Terms shall control.

PR and Marketing Powers

Check4Jobs.com  shall be entitled to identify Advertiser as a customer and use Advertiser’s name, logos and other trademarks in connection with Check4Jobs.com publicised customer lists, presentation materials and other marketing literature, subject to Check4Jobs.com compliance with any reasonable trademark usage guidelines that may be furnished by Advertiser.

Links

Check4Jobs does not make any representation as to the security, quality or propriety of any website which may be accessed through this Website.  Linked  websites accessed through this Website are independent websites over which Check4Jobs does not exercise any control, whether financial, editorial or any other kind and are not in any way endorsed by Check4Jobs.

Accordingly Check4Jobs has no responsibility or liability to you in respect of any products or services purchased or obtained by you from any such linked website nor in respect of the use of any personally identifying information by any such linked website or its owner.  If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

You shall not link to this Website without the express written permission of Check4Jobs.

If you have been granted permission to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject  to the following conditions:

A) you do not remove, distort or  otherwise alter the size or appearance of the "Check4Jobs"  logo;

B) you do not create a frame or any other browser or border environment around this Website;

C)you do not in any way imply that Check4Jobs is endorsing any products or services other than its own;

D) you do not misrepresent your relationship with Check4Jobs nor present any other false information about Check4Jobs 

Copyright

This Website contains copyright material, trade names and other proprietary information, including but not limited to, design, text, software and graphics.  The entire contents of this Website are protected by copyright law.  Check4Jobs, or its licensees, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.  You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided below.

You may download information from this Website for your own personal use only.  Except as otherwise expressly permitted under copyright law, no copyright, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner.  In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from  this Website.

Viruses etc.

Check4Jobs will not be liable to you for any direct, indirect, consequential, special or other damage resulting from the transmission from this Website to your  computer systems of  viruses, worms, Trojan horses or other destructive items, however caused, such damage to include, without limitation, loss of profits, interruption to business, loss of the whole or any part of a program or any data howsoever stored whether saved on a computer system or otherwise.

How Check4Jobs Protects and uses information which check4jobs holds about you

The Internet is not a secure medium.  However, Check4Jobs will use its reasonable endeavours  to keep the personal information it receives about you confidential.  Check4Jobs uses your information in  accordance with its Privacy Policy from time to time and you consent to the use of your information in such way.

Losses resulting from unauthorised access to your data

You accept the risk that data transmitted electronically via this Website or otherwise may be intercepted before reaching its intended destination or accessed by unauthorised third parties and may be exploited unlawfully by such third parties.  Check4Jobs does not assume responsibility for guarding against the acts of such third parties and shall not be liable for  any direct, indirect, consequential, special or other damage resulting from third parties' interception of or access to data of  whatever nature

Disclaimer

While Check4Jobs endeavours to ensure that the information on this Website is correct, Check4Jobs does not warrant the accuracy and completeness of the material on this Website.  Check4Jobs may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and Check4Jobs makes no commitment to update such material.  Please note that you will be required to use caution, common sense and good awareness as there are also risks of dealing with persons or people acting under false pretences.  By using the Website you agree to all risks and agree that Check4Jobs is not responsible for the acts or omissions of others.

The material at this Website is provided "as  is" without any conditions, warranties or other terms of any kind.  Accordingly to the maximum extent permitted by law, Check4Jobs provides you with this Website on the basis that Check4Jobs excludes all representations, warranties, conditions and other terms which but for  this legal notice might have effect in relation to this Website.

Check4Jobs shall not be liable to you for any loss or damage suffered, of any nature whatsoever as a result of your using this Website or our services.

Headings

Any headings in these terms and conditions are for convenience only and shall not affect their construction.

Governing Law

If not actually the case, the contract under which you use this website shall be deemed to have been made in England and the construction, validity and performance of these terms and conditions of use shall be governed in all respects by English law and the English courts shall have exclusive jurisdiction in respect of any dispute between you and Check4Jobs concerning your use of this website.

Miscellaneous

• Advertiser shall not make any assignment of this Agreement or any rights, benefits or obligations hereunder (including by way of merger or consolidation) without the prior written consent of Check4Jobs.com. In the event of an assignment, this Agreement shall be fully binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns.
• The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
• Any change to the Advertising Agreement must be made in writing and signed by authorized representatives of both parties. Check4Jobs.com reserves the right to change these Standard Terms from time to time and without sending prior notification.
• It is your sole responsiblity to have read and uderstood these commercial terms and conditions and to make regular checks on this website for changes made to these terms and the general structure of the website.