1.Introduction. Please read this page carefully. It contains the terms andconditions (the “Terms and Conditions”) governing your access to and use of theSite and the Services (as each are defined below) provided by Careersite.biz Limited.If you do not accept these Terms and Conditions or you do not meet or complywith their provisions, you may not use the Site or the Services. These Termsand Conditions are effective as of 25 May 2018.
2.Binding Agreement. These Terms and Conditions (as they may be amended from timeto time) form a binding agreement (the “Agreement”) between you and Jobmedic.Your access to or use of this Site or the Services indicates your acceptance ofthese Terms and Conditions. You are agreeing to use the Site at your own risk.
If youare a Job Seeker using the Site, any terms in these Terms and Conditions thatare expressed to apply solely to Employers do not apply to you. If you are anEmployer using the Site, you may have also entered into a Service Agreement and/orOrder Form with Jobmedic UK Limited, in which case these Terms and Conditions,but excluding any terms that are expressed to apply solely to Job Seekers, arepart of and incorporated into that Service Agreement and/or Order Form.
3.Certain Definitions. The following definitions apply to this Agreement:
3.1 “Content”includesall Text, Graphics, Design and Programming used on the Site.
3.2 “Design”includesthe color combinations and the page layout of the Site.
3.3“Document” refers to any posting to a Site, whether job or resume.
3.4“Employer” means a person or entity that is accessing a Site to post a job orutilizing the Services for any reason related to the purpose of seekingcandidates for employment.
3.5“Employer Materials” includes any brochures, emails, sample job postings, web sitecontent, career fair material, audio, videos, photographs, logos, trademarks,service marks, domain names, documents or other materials provided by Employer,if any, for use in connection with the Services.
3.6 “Graphics”includesall logos, buttons, and other graphical elements on the Site, with theexception of paid advertising banners.
3.7 “JobSeeker” means a User who is accessing a Site to search for a job or in anyother capacity except as an Employer.
3.8 “Jobmedic”meansCareersite.bizLimited, a company registered in England and Wales under company number 4147019and whose registered office is at The South Quay Building, 189 Marsh Wall,London, E14 9SH.
3.9“Jobmedic Materials” includes any materials, methodologies, implementation plans orother intellectual property used during the provision of Services.
3.11“Services” means any services provided by Jobmedic or its agents, including,with respect to Job Seekers, the services described in paragraph 4.1 below, andwith respect to Employers, and the services specified more fully in the ServiceAgreement and/or Order Form with each such Employer.
3.12“Site” means this web site at
3.13“Text” includes all text on every page of the Site, whether editorial,navigational, or instructional.
3.14“User” refers to any individual or entity that uses any aspect of the Site.
3.15“You” means the person (or the entity on behalf of whom you are acting) whois agreeing to these Terms and Conditions.
4. JobSeeker Services.
4.1Registered Job Seeker Services. All Users have the ability to search andbrowse the job postings listed on the Site. When you register on this Site andcreate an account you will also: (a) automatically receive job alert (alsoknown as job recommendation) emails based on your CV contents and job searchand application submission history on the Site; (b) have the ability toapply to job postings on the Site; (c) have the ability to save your CV inyour account, enabling you to edit or update your CV from your account and applyto job postings on the Site without the need to create or upload your CV anewfor each application; and (d) have the ability to make your CV visible andsearchable in our CV database, giving you the most visibility to the broadestrecruiter audience possible on this Site.
4.2Unregistered Job Seeker Services. All Users have the ability to search andbrowse the job postings listed on the Site. Job Seekers not registered on theSite can also sign up to receive job alert (also known as job recommendation)emails.
5. IntellectualProperty Rights and Acceptable Use of the Site and Services.
5.1General Use Rules. The Site is intended for individuals seeking employment andfor employers or recruiters seeking candidates for employment. You may use the Siteonly for lawful purposes within the stated context of Jobmedic's intended andacceptable use of the Site. Jobmedic is the sole interpreter of the Site’sintended and acceptable use.
5.2 JobmedicIntellectual Property Rights. The Site and the Jobmedic Materialsand all right, title and interest in and to the Site and the Jobmedic Materialsare the sole property of Jobmedic or its licensors, and are protected bycopyright, trademark and other laws. The Jobmedic Materials are licensed andare not sold. Except for the limited licenses expressly granted in thisAgreement, Jobmedic reserves for itself and its licensors all other rights,title and interest. "Jobmedic," "TalentStream,""Broadbean," "Profilsoft," "Textkernel,""EMSI," the Jobmedic, TalentStream, Broadbean, Profilsoft, Textkerneland EMSI design logos and certain other names or logos are service marks ortrademarks of Jobmedic, and all related product and service names, design marksand slogans are the service marks or trademarks of Jobmedic. In addition, the “look”and “feel” of the Site (including color combinations, button shapes, layout,design and all other graphical elements) are also protected by Jobmedic'strademarks, service marks and copyrights. Any code that Jobmedic creates togenerate or display the Content or the pages making up the Site is alsoprotected by Jobmedic's copyright. You must retain all copyright, trademark,service mark and other proprietary notices contained on the Content on anyauthorised copy that You may make of the Content. All other product and servicemarks contained on the Site are the trademarks of their respective owners.
5.3License to Use by Users who are Job Seekers. Subject to the terms andconditions herein, Jobmedic hereby grants you a limited, terminable,non-exclusive, non-transferable license during the term of this Agreement to (a) accessand use the Site and the Jobmedic Materials only for your personal use seekingemployment opportunities for yourself and (b) download, store, print, and displaythe Jobmedic Materials only as reasonably necessary for You to use the Services(collectively, 5.3(a) and 5.3(b) are the "Job Seeker IntendedPurpose"). You may use the Site and the Jobmedic Materials subject to thelicensing language in this clause 5.3 and only for the Job Seeker IntendedPurpose. Jobmedic is the sole interpreter of the Job Seeker Intended Purposefor the Jobmedic Materials. You agree that you are solely responsible for the contentof any Document you post to the Site and any consequences arising from suchposting. Jobmedic reserves the right to suspend or terminate your access anduse at any time if Jobmedic determines that you are in breach of these Termsand Conditions.
5.4License to Use by Users who are Employers. Subject to the terms andconditions herein, Jobmedic hereby grants you a limited, terminable,non-exclusive, non-transferable license during the term of this Agreement to (a)access and usethe Site and the Jobmedic Materials solely for your recruiting and talentmanagement needs, and (b) download, store, print, and display the JobmedicMaterials only as reasonably necessary for Employer to use the Services(collectively, 5.4(a) and 5.4(b) are the "Employer IntendedPurpose"). Employer may use the Jobmedic Materials subject to thelicensing language in this clause 5.4 and only for the Employer IntendedPurpose. Jobmedic is the sole interpreter of the Intended Purpose for the JobmedicMaterials. You agree that you are solely responsible for the content of anyDocument you post to the Site and any consequences arising from such posting. Jobmedicreserves the right to suspend or terminate your access and use at any time if Jobmedicdetermines that you are in breach of these Terms and Conditions.
5.5Restrictions on Use. You may not sell, transfer, distribute, sublicense or assign anyof the Site or the Jobmedic Materials or your rights to any of the Site or the JobmedicMaterials to any third party, or use them in any other way for public orcommercial purpose. You may not alter, reverse engineer, decompile, disassembleor attempt to derive source code from the Site or the Jobmedic Materials. Youwill not use or access the Site or the Jobmedic Materials to: (a) build acompetitive product or service, (b) make or have made a product or service withsimilar features, functions, text, graphics or other content, (c) makederivative works based upon the Site or the Jobmedic Materials, (d) copy anyfeatures, functions, text, or graphics of the Site or the Jobmedic Materials,or (e) provide services to others except as specifically authorised in thisAgreement. Notwithstanding anything to the contrary contained herein, this prohibitionincludes: (x) copying or adapting the HTML code used to generate web pageson the Sites; (y) using or attempting to use engines, manual or automatedsoftware, tools, devices, agents, scripts, robots or other means, devices,mechanisms or processes (including, but not limited to, browsers, spiders,robots, avatars or intelligent agents) to navigate, search, access,"scrape," "crawl," or "spider" any web pages orany Services provided on the Site other than the search engine and searchagents available from Jobmedic on the Site and other than generally availablethird party web browsers (e.g., Internet Explorer, Firefox, Safari); and (z)aggregating, copying or duplicating in any manner any of the Site or the JobmedicMaterials, without the express written consent of Jobmedic. The use of the JobmedicMaterials on any other web site or in a networked computer environment for anypurpose is strictly prohibited. The Jobmedic Materials are not considered to beworks for hire and You may duplicate such Jobmedic Materials only for thepurposes outlined in this Agreement.
5.6Acceptable Use of the Jobmedic Materials. You are prohibited from violating orattempting to violate the security of the Site, including, without limitation:(i) accessing data not intended for You or logging into a server or accountwhich You are not authorised to access; (ii) attempting to probe, scan or testthe vulnerability of a system or network or to breach security orauthentication measures without proper authorisation; (iii) attempting tointerfere with service to any other user, host or network, including, withoutlimitation, via means of submitting a virus to the Site, overloading,"flooding", "mail bombing" or "crashing"; (iv)forging any TCP/IP packet header or any part of the header information in anye-mail or newsgroup posting or providing false or misleading representations inthe sender information, subject line, locator, or content of any electronicmessage; (v) altering transmission data without consent; (vi) harvesting e-mailor other electronic addresses through automated means without consent; or (iv)taking any other action that is inconsistent with this Agreement, misleading orincomplete, or in violation of any applicable law, statute, code, rule, orregulation. Employer is specifically prohibited from using the Services tosend unsolicited email or other electronic communications, including by way ofsending electronic messages that offer, advertise, market or promote a productor service; or, at Jobmedic's sole discretion, are excessive in frequency orare irrelevant to a particular Job Seeker. You warrant and agree that you willnot use (or plan, encourage or help others to use) the Site or the JobmedicMaterials for any purpose or in any manner that is prohibited by this Agreementor by applicable law. It is Your responsibility to ensure that Your use of the Siteand the Jobmedic Materials complies with this Agreement and all applicablelaws.
5.7Employer Materials. Employer hereby grants Jobmedic a non-exclusive licenseto use, copy, modify, store, transmit and display Employer Materials solely tothe extent reasonably required to provide and maintain the Services for Employer’suse. Employer warrants and agrees that any Employer Materials provided by Employerfor use in connection with the Services will not violate any laws orregulations or third-party proprietary rights, including, without limitation,copyright, trademark, obscenity, rights of publicity or privacy, and defamationlaws. Employer will have sole responsibility for the accuracy, quality,integrity, legality, reliability, appropriateness and copyright of all EmployerMaterials.
5.8Use of Aggregate Data. You understand and agree that Jobmedic may collect,extract, compile, synthesize, and analyze Aggregate Data. Jobmedic may use suchAggregate Data for any lawful business purpose without a duty of accounting toyou, provided that the data and information is used only in an aggregated andanonymized form so that it cannot be identifiable as relating to anyidentifiable individual. “Aggregate Data” means de-identified aggregated dataor information regarding Job Seekers’ demographic, educational or careerhistory (including, by way of example and not limitation, aggregate datarelating to Job Seekers’ occupation, location, salary, education andexperience).
6.Warranties, Warranty Disclaimers and Limitations on Jobmedic's Liability.
(a) Thewarranties expressly stated in this section are the sole and exclusivewarranties offered by Jobmedic. The Jobmedic Content, Site and Services areprovided on an ‘as is’ basis without any warranties of any kind, express orimplied. Jobmedic, to the fullest extent permitted by law, disclaims allwarranties, including, but not limited to, the warranties of satisfactoryquality, title, description, and fitness for particular purpose. Jobmedic makesno warranties about the accuracy, reliability, completeness, or timeliness ofthe Jobmedic Content, Sites or Services.
(b)Without limitation on the foregoing, to the extent permitted by law:
(i) Jobmedicdoes not warrant that the Site or Services will operate error-free or that the Siteor Services are free of computer viruses or other harmful mechanisms. If Youruse of the Site or Services results directly or indirectly in the need forservicing or replacing equipment or data, Jobmedic is not responsible for thosecosts.
(ii) Jobmedicassumes no responsibility and makes no representations, warranties orguarantees regarding (a) the truthfulness, accuracy, legality, completeness,timeliness or reliability of any Documents posted by Job Seekers or Employers,or of any other form of communication engaged in by or between Employers andJob Seekers or Users and other third parties; or (b) the activities, omissionsor other conduct of Users or of any third-party operated system. Documents maycontain inaccuracies or typographical errors. You agree that any reliance onDocuments posted on the Site, or on any other form of communication with Usersor other third-parties, will be at Your own risk.
(iv) Jobmedicdoes not warrant that the Services will meet Your employment objectives or thatthe Services will result in Job Seekers being hired, positions being filled oremployees being retained. Jobmedic is not responsible and shall have noliability for any business, employment, hiring and/or salary decisions, forwhatever reason made, made by Employers.
6.3 Limitationof Liability
(a)Nothing in this Agreement will limit or exclude Jobmedic's (or any of itsofficers, directors, shareholders, employees, subsidiaries, affiliates, agentsor advertisers) liability for (a) death or personal injury resulting from itsnegligence, or the negligence of its employees, agents or subcontractors; or(b) fraud, fraudulent misstatement or fraudulent misrepresentation.
(b)Subject to clause 6.3 (a):
(i) Jobmedic(or any of its officers, directors, shareholders, employees, subsidiaries,affiliates, agents or advertisers) will in no circumstances whatever be liableto You whether in contract, tort (including negligence), breach of statutoryduty, or otherwise for any; (A) loss arising from or in connection with loss ofrevenues, profits, contracts or business or failure to realise anticipatedsavings; (B) any loss of goodwill or reputation; or (C) indirect orconsequential, losses suffered or incurred by You arising under or inconnection with this Agreement; and
(ii) Jobmedic's(or any of its officers, directors, shareholders, employees, subsidiaries,affiliates, agents or advertisers) total liability to You in respect of allloss arising under or in connection with this Agreement whether in contract,tort (including negligence), breach of statutory duty, or otherwise shall in nocircumstances (and including any indemnities given by Jobmedic under thisAgreement) exceed (A) in the case of Job Seekers £200 or (B) in the case ofEmployers, the amount of the payments paid by Employer to Jobmedic under thisAgreement in the twelve months prior to the event giving rise to suchliability.
(c) Dueto the nature of this Agreement, in addition to monetary damages, You agreethat Jobmedic will be entitled to seek equitable relief upon a breach of thisAgreement by You.
7.Indemnification. You will, at your sole expense, defend, indemnify, and holdharmless Jobmedic and its affiliates, successors and assigns (collectively, the"Jobmedic Indemnified Parties") from and against any and all damages,losses, costs and expenses (including any reasonable attorney's fees andexpenses), which the Jobmedic Indemnified Parties pay to third parties inconnection with any claim, suit, action, or proceeding brought against a JobmedicIndemnified Party to the extent arising out of (a) any Users' use of orinability to use the Services, (b) any hiring or employment-related claimsarising from or in connection with Your use of the Services or any third-partyservices or (c) an allegation that the Employer Materials or any other content,data or information supplied by Employer, or the use thereof in accordance withthis Agreement, infringes the copyright, patent right, or trademark right, ormisappropriates the trade secrets, of a third party.
8.Links to Other Site. Jobmedic contains links to third party web sites. Theselinks are provided solely as a convenience to you and not as an endorsement by Jobmedicof the contents on such third-party web sites. Jobmedic is not responsible forthe content of linked third-party sites and does not make any representationsregarding the content or accuracy of materials on such third-party web sites.If you decide to access linked third-party web sites, you do so at your ownrisk.
9.Amendments to this Agreement and Changes to Site.
11.1The validity, construction and performance of this Agreement (and any claim,dispute or matter arising under or in connection with it or its enforceability)and any non-contractual obligations arising out of or in connection with itshall be governed by and construed in accordance with the law of England andWales. Each of the parties to this Agreement irrevocably agrees that the courtsof England shall have exclusive jurisdiction to hear and decide any suit,action or proceedings, and/or to settle any disputes, which may arise out of orin connection with this Agreement or its formation or validity and, for thesepurposes, each party irrevocably submits to the jurisdiction of the courts ofEngland.
11.2The sole relationship between You and Jobmedic is that of independentcontractors. Jobmedic shall not be liable for any delay or failure to performdue to causes beyond its reasonable control. If any provision of this Agreementis found to be invalid by any court having competent jurisdiction, the invalidityof all or part of a provision shall not affect the validity of the remainingparts and provisions of this Agreement, which shall remain in full force andeffect. Clauses 5.2, 5.5, 5.6, 5.8, 5.9, and 6 through 13 shall survivetermination of this Agreement. Neither Employer nor Job Seeker may assign ortransfer its obligations under this Agreement. No waiver of any term of thisAgreement shall be deemed a further or continuing waiver of such term or anyother term. The Agreement constitutes the entire agreement between You and Jobmedicregarding Your use of the Services and supersedes all prior and contemporaneousagreements, proposals or representations, written or oral, concerning itssubject matter.
11.3Except insofar as this Agreement expressly provides that a third party may inhis own right enforce a term of this Agreement, a person who is not a party tothis Agreement has no right under the Contracts (Rights of Third Parties) Act1999 to rely upon or enforce any term of this Agreement but this does notaffect any right or remedy of a third party which exists or is available apartfrom under that Act.
12. Rulesregarding Posting, Conduct and Security. The following rules apply to your useof the Site and/or the Services. The list of rules is for illustration only andis not a complete list of all posting, conduct and security rules.
(a) Youmay not post any Document to the Site that contains: (i) URLs or links to websites other than to recruitment related pages on your company web site (toadvertise your company or web site, see our
(b) Youmay not use a Document(s) to: (i) impersonate another person, living or dead;(ii) post false, inaccurate or misleading information, opinions or notices(commercial or otherwise) or chain letters; (iii) post advertisements, orsolicitations of business (including, but not limited to, email processors, anypyramid scheme or "club membership"); provided, however that Jobmedicmay allow posting of certain training and business opportunities (see 12.1(e)below).
(c) EmployerDocuments must contain sufficient detail to convey clearly to a Job Seeker thenature and requirements of the job opportunity. Job Seeker Documents mustcontain sufficient detail to convey clearly to an Employer Your qualificationsas a candidate for employment. Documents that encourage the User to “email formore details” are not permitted.
(d) Youmay not advertise multiple job openings in a single posting.
(e) Inlimited circumstances, at Jobmedic's sole discretion, Jobmedic allowsnon-traditional job postings such as education/training, businessopportunities, franchise, and multi-level marketing opportunities to be postedon the Site. These non-traditional job postings may require an investment oftime and/or money by the User seeking the position. Jobmedic reserves theright, in its sole discretion, to move, modify, or remove entirely anon-traditional job posting if Jobmedic deems such job posting to conflict withthe best interests of its Users or detract from the User experience.
(f) CVpostings must contain the accurate CV of a living individual seeking employmenton a full-time, part-time, or contractual basis on his or her own behalf.
(g) Jobmedicis under no obligation to monitor the Documents posted on the Site, but it maymonitor Documents at random. Documents found to violate the above Posting Rulesmay be removed at Jobmedic's sole discretion.
(a) Youmay not respond to postings by other Users in any manner or for any purposeother than that which is expected (i.e., to apply for the job or to initiatefurther discussion with the candidate). Communications soliciting theEmployer's business are prohibited.
(b) Youmay not send unsolicited commercial email to Users.
(c)Protect your password. Your Jobmedic account and any related Services accessedthrough such account are to be accessed and used solely by you. Upon yoursuccessful registration for a Jobmedic account, you will be provided with aunique password that will permit you to access the account. You may not provideyour password or otherwise permit access to your Jobmedic account to any thirdparty. You are responsible for maintaining the confidentiality of yourinformation and password. You agree to protect and keep your passwordconfidential, to change your password on a regular basis, and to maintainappropriate and regularly updated malware scanning and cleaning tools on yournetwork and individual computer(s).You are responsible for all uses of youraccount, whether or not authorized by you. If others use your password to postinappropriate material on the Site, you risk losing your access to the Site.You agree to notify Jobmedic immediately of any unauthorized use of youraccount or password.
(d)Report inappropriate postings or conduct to
(e) Youmay not delete or revise any material posted by any other person or entity.
(f) Ifat any time Jobmedic comes to the understanding that you: (i) misled Jobmedicregarding your business practices and/or services, or (ii) purchased servicesthat do not represent your precise business, Jobmedic reserves the right to terminateyour Agreement.
(a)Users are prohibited from violating or attempting to violate the security ofthe Site, including, without limitation: (i) accessing data not intended forsuch User or logging into a server or account which the User is not authorizedto access; (ii) attempting to probe, scan or test the vulnerability of a systemor network or to breach security or authentication measures without properauthorization; (iii) attempting to interfere with service to any User, host ornetwork, including, without limitation, via means of submitting a virus to the Site,overloading, "flooding", "mail bombing" or"crashing";
(b)Violation of these Security Rules may result in civil or criminal liability. Jobmedicwill investigate occurrences which may involve such violations and may involve,and cooperate with, law enforcement authorities in prosecuting Users who areinvolved in such violations.
Pleasenote that Sections 14 and 15 below contain terms and conditions that apply tospecific Services (CV Database and Recruitment Analytics) and they are part ofthis Agreement if You are an Employer purchasing or using any of those specificServices.
14.Additional Terms in Connection with Use of CV Database.
15.Additional Terms in Connection with Use of Recruitment AnalyticsServices. If, in your Service Agreement or Order Form with Jobmedic, you arepurchasing any of our Recruitment Analytics Services, the following additionalterms apply to you:
15.1Use of Reports. Jobmedic hereby grants you a limited, non-exclusive,non-assignable (except as otherwise provided in this Agreement), worldwideright and license to: (a) store and use any Recruitment Analytics Services foryour internal management, reference or informational purposes, and (b)distribute copies of any reports generated by the Recruitment AnalyticsServices (each a "Report"), subject to the conditions that (i) suchcopies may be distributed only in printed or static electronic PDF format, (ii)in providing a copy of any Report to a recipient, you may not charge therecipient any kind of fee or other consideration, and (iii) you shall notremove or modify any branding, marks, copyright or trademark notices, or anyother notices or disclaimers set forth in any Report without Jobmedic's priorwritten consent, or otherwise modify the Report in any way so as to falsely orotherwise misrepresent its content. Further, you may not issue press releasesor make other public statements regarding any Report, or the contents orconclusions in same, without the express written consent of Jobmedic.
15.2Use of Your Data. If you have purchased Recruitment Analytics Services,then you may provide Jobmedic with the names, addresses, telephone numbers,e-mail addresses, resumes and other personally identifiable information of JobSeekers sourced from your own files (“Job Seeker Data”). You hereby grant Jobmedica non-exclusive license to use, copy, modify, store, transmit and display JobSeeker Data solely to the extent reasonably required to provide and maintainthe Services for Employer’s use. Notwithstanding the foregoing, you grant Jobmedicthe right to derive Aggregate Data from the Job Seeker Data and may use suchAggregate Data in accordance with section 5.8.