Conditions Générales d’Utilisation
Terms and Conditions GLOBAL SPORTS JOBS LIMITED TERMS AND CONDITIONS
1.1 This web site, which is accessible via the following URL http://www.globalsportsjobs.com(collectively the "Web Site"), is operated by Global Sports Jobs Limited a company registered in England under company number: 07314821 and whose registered office is at Staple House, Suite 1, Eleanor’s Cross, Dunstable, Bedfordshire, LU6 1SU, England, UK ("our", "we", "us" or "Global Sports Jobs Limited").
1.4 Please read this Agreement carefully. By accessing and using the Web Site, including any of the Client Service(s) or Job Seeker Service(s), you are agreeing to be bound by this Agreement. If you do not accept this Agreement then you must not continue to use the Web Site.
1.5 This Web Site is intended to be used by individuals who are aged 18 or over and we ask that if you are under 18 you do not submit any personal information to the Web Site or use the services offered through it. If you are outside the United Kingdom and use this Web Site you must do so in compliance with this Agreement and any applicable local laws. We accept no liability so far as we are able for breaches of any local laws in your jurisdiction and by accepting this Agreement you acknowledge that it is your responsibility to ensure that any such laws are complied with.
1.6 Access to the Web Site and to all the content and features available within it may be modified, suspended, withdrawn or discontinued at any time and without any prior notice or explanation. 1.7 By using the Web Site you are accepting these terms and conditions together with the Additional Terms for Clients and/or Additional Terms for Job Seekers.
2.1 Should you have any queries about these terms and conditions, the Web Site or Global Sports Jobs Limited generally, we can be contacted via the following methods: Email: firstname.lastname@example.org Telephone: +44 (0) 20 3642 0580 Post: Global Sports Jobs Limited, Staple House, Suite 1, Eleanor’s Cross, Dunstable, Bedfordshire, LU6 1SU, England, UK.
3. Nature of our Website
3.1 The Web Site is designed so that both those looking for a job ("Job Seekers") and those person(s) or organisations with whom contact is made or who use our Web Site seeking to fill a vacant position ("Clients") in relevant industries can be brought together.
3.2 A Client can either post a one-off position ("One-Off Posting") on the Web Site or can set up a Client specific web page which lists all the Client’s current vacancies so that they can advertise multiple positions ("Multiple Postings"). Together these form the basis of the online advertising service that we provide (the "Client Service(s)").
3.3 A Job Seeker who registers on the Web Site can search the Web Site and can receive notification by email of jobs that match his/her specific job type specification (the "Job Seeker Service(s)"). 3.4 In order to use these services, Job Seekers and Clients must register on the Web Site and agree to comply with the Additional Terms for Clients or Additional Terms for Job Seekers, as applicable.
4. Intellectual Property Rights
4.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the design, content and arrangement of this Web Site (including its text and graphics, all software compilations or underlying source code, and all other material on the Web Site) shall remain at all times owned by Global Sports Jobs Limited or our licensors. You are permitted to use this material only as expressly authorised by Global Sports Jobs Limited.
4.2 Reproduction of this Web Site, or any part of it, in any form is prohibited except that you may: (a) print or download to a local hard disk extracts for your personal use; and (b) copy the content to individual third parties for their personal information, provided that you acknowledge the Web Site as the source of the material and you inform the third party or parties that these terms apply and they agree to comply with them.
4.3 Provided that your use is for non-commercial purposes only, you may incorporate limited content or material from the Web Site (for example, one article) on your blog or other web site, on the condition that you include the following attribution prominently alongside each use of such content or material: "Supplied courtesy of Global Sports Jobs Limited", together with a hyperlink to the Web Site. No copying of any content or material on the Web Site for any business or commercial use is allowed without the express written consent of one of the Directors of Global Sports Jobs Limited.
5. Information & Content
5.1 The information contained on this Web Site (including any guides, surveys, articles or reports) is compiled and/or made available in good faith and reasonable efforts have been made to ensure that it is accurate and up to date. However, Global Sports Jobs Limited gives no representation or warranty in respect of such information and all such representations and warranties, express or implied, are excluded.
5.2 We do not warrant that the content of this Web Site and any downloads are virus free and we recommend that you carry out your own virus checks and keep your anti-virus and other security software up to date.
5.3 Where information published on the Web Site is supplied by third parties, this does not signify that Global Sports Jobs Limited controls or endorses such content, or accepts responsibility for the accuracy or otherwise of the information.
6. User Generated Content
6.1 Global Sports Jobs Limited may now or in the future provide you with the ability to contribute to the Web Site by creating personal webpages featuring information about you and/or uploading your own user generated content, such as photos, notes, updates, comments, blogs, forum postings, music and videos (together, "UGC").
6.2 You are solely responsible for all UGC which you choose to upload to the Web Site (and/or which is uploaded using your account). You may not upload UGC which you did not create or that you do not have permission to upload. You retain ownership of the copyright and any other rights you already hold in UGC which you submit, post or display on or through this Web Site.
6.3 By submitting, uploading or displaying the UGC you give Global Sports Jobs Limited a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence (with the right to sub-license) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any UGC which you submit, post or display on or through, the Web Site for any purpose, commercial, advertising, or otherwise, on or in connection with this Web Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such UGC, and to grant and authorise sub-licences of the foregoing.
6.4 You warrant and represent to Global Sports Jobs Limited that you have all the rights, power and authority necessary to grant the above licence. You shall fully indemnify and keep fully indemnified Global Sports Jobs Limited against any and all actions, costs, claims, demands, damages, expenses (including legal fees), liabilities, losses and proceedings arising out of or in connection with any UGC including, without limitation, any claim by a third party that the use by Global Sports Jobs Limited of UGC uploaded by you infringes the intellectual property rights of that third party.
6.5 You will not at any time post any abusive, offensive, obscene, defamatory, unlawful or otherwise inappropriate content. We reserve the right to remove any such content without notice.
6.6 Global Sports Jobs Limited reserves the right, without further notice to you, to pre-screen, monitor, review, modify, refuse and/or remove any or all UGC available on or submitted/uploaded to the Web. 6.7 Global Sports Jobs Limited is intended for use by those 18 years and over. For child safety reasons we ask that users do not include any UGC which includes a photo or description of children.
7. Web Site Links
7.1 Where links to other external web sites are published on this Web Site, this is not intended to signify that Global Sports Jobs Limited has reviewed or endorses such Web Sites and/or their content and Global Sports Jobs Limited accepts no responsibility for the content of any linked web site. The use of any links to these web sites is entirely at your own risk and it is your responsibility to check and comply with the terms and conditions of any linked web sites visited.
8. Your use of this Web Site
8.1 You agree to use this Web Site responsibly. You will not use this Web Site for any unlawful purpose and will not supply, post or publish any information (including, without limitation, UGC) that is discriminatory, defamatory, obscene or offensive, or in any other way illegal or unlawful. All information you provide will be true, accurate, complete and up to date and will not mislead or be likely to mislead Global Sports Jobs Limited or any third party for which the information is intended, including, without limitation, other users of this Web Site.
8.2 You will take all reasonable steps to ensure that all information and data files you supply, post or publish to the Web Site are free of viruses, Trojan horses, worms, engines, routines or any form of malicious coding and you will not attempt in any way to damage, disrupt, modify or otherwise interfere with the proper and intended operation of this Web Site.
8.3 Global Sports Jobs Limited may terminate or suspend your use of the Web Site at any time and without warning.
9. Liability & Disclaimer
9.1 Nothing in this Agreement shall limit or exclude Global Sports Jobs Limited's liability (if any) for fraud, for personal injury or death caused by Global Sports Jobs Limited's negligence, or for any other matter or other type of liability which cannot by law be excluded or limited.
9.2 We do try to ensure that all materials, questions and information published on our Web Site is accurate. However, you acknowledge that we are reliant on the information provided by Clients and Job Seekers and have no independent means of verifying the accuracy of this information and do not check its authenticity.
9.3 All materials and information on our Web Site are provided on an 'as is' basis. We exclude all implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any material posted on this Web Site by a Job Seeker or a Client or any information or service provided through our Web Site, in each case to the fullest extent permitted by applicable law.
9.4 We accept no liability for any indirect or consequential loss or damage, or any loss of data, loss of profit, revenue or business (whether direct or indirect in each case), suffered by you arising out of your use of this Web Site, the Job Seeker Service(s), the Client Service(s) and/or the reliance upon any content published, posted or supplied on this Web Site, whether such liability arises in contract, tort (including without limitation negligence) or otherwise, even if foreseeable, to the fullest extent permitted by applicable law.
10. Infringement of Intellectual Property Rights
Global Sports Jobs Limited respects the intellectual property rights of others. Global Sports Jobs Limited does not knowingly feature any material on the Web Site, which infringes another’s intellectual property rights. If you believe that any material on the Web Site infringes your intellectual property rights, please notify the Web Site Manager in writing at the address below giving full details of the alleged infringement (including details of your ownership or licence of such rights) along with your name and contact details. We respond promptly to all valid requests to remove infringing material and we will seek to disable the accounts of repeat infringers.
11.1 All notices shall be sent to Global Sports Jobs Limited in writing addressed to: the Directors, Global Sports Jobs Limited, Staple House, Suite 1, Eleanor’s Cross, Dunstable, Bedfordshire, LU6 1SU, England, UK. Any such notice will be deemed to have been received if sent by post: 3 days after the date of posting.
12.1 We may assign, transfer, novate or subcontract any or all of our rights and obligations under this Agreement at any time.
12.2 We may alter this Agreement from time to time and post a new version on our Web Site, following which all use of our Web Site will be governed by that version. The Parties must check the terms and conditions on the Web Site regularly.
12.3 If any provision or terms of this Agreement shall become or be declared illegal, invalid or unenforceable for any reason whatsoever under any applicable jurisdiction such terms or provisions shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.
12.4 Failure by either party to exercise any right and remedy under this Agreement does not constitute a waiver of that right or remedy.
12.5 These terms and conditions do not confer any rights on any third party pursuant to and in accordance with the Contract (Rights of Third Parties) Act 1999.
12.7 You agree that you have not entered into this Agreement or any agreement or document entered into pursuant to this Agreement in reliance upon any statement, representation, covenant, warranty, undertaking or understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) except as expressly set out in this Agreement.
12.8 The Agreement and the use of our Web Site are governed by and construed in accordance with the laws of England.
12.9 The Parties irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Additional Terms for Clients
The terms set out in this section only apply to Clients.
"Client(s)" means any person, company, organisation, agent, third party or firm which purchases any recruitment products and services made available by us.
"Services" means all recruitment and advertising products and services made available by us from time to time.
"Subscription" means an order for Services on a form provided by us (in any format) and signed by you the Client.
"Database" means all Global Sports Jobs Limited member profiles for both individuals and organisations.
"Campaigns" means all advertising campaigns advertised on the Web Site by Clients.
1.1 We have not vetted, interviewed or carried out any background checks of any kind on any of the Job Seekers who apply for positions posted on this Web Site to determine whether the Job Seeker is a suitable applicant for working in the relevant industry. We accept no liability whatsoever in respect of the placement of a Job Seeker deemed suitable by you to the fullest extent permitted by applicable law.
1.2 It is unlawful for a Job Seeker to work in the United Kingdom without the correct permissions to work and live in the United Kingdom. We accept no liability for Job Seekers who do not hold relevant work visas or residency status. You warrant and undertake to us that you will carry out all the relevant background checks to confirm that the Job Seeker has all the appropriate permissions to work in the United Kingdom or the country in question.
2. Payment by Clients
2.1 To access the online Client Service(s) Clients will need to follow the licence procedures set out in the Web Site.
2.2 Details of our prices for subscription to the Client Service(s) and the procedures for payment are either displayed on our Web Sites or are available upon request. Clients must pay in advance for certain Services that require pre-payment either by using the BACS system or the online payment system at the time of the Client’s subscription request ("Subscription").
2.3 We will not commence the provision of Services pursuant to any Order Form until the Order Form has been returned to us, in a form approved by us and confirmed by the Client by way of signature, email confirmation or provision of purchase order number.
2.4 Clients will make a one-off payment for use of the online service. If a Client’s account is suspended, any material that the Client has posted on the Web Site will be disabled. This material includes all material that the Client has posted on the vacancy listings page, vacancy details, application page and the register page or any other Content (as defined below).
2.5 If a Client’s account is suspended we reserve the right to charge a reconnection fee of £500. Upon receipt of the reconnection fee by us the Client’s account will be reactivated within one business day or as soon as we are able.
2.6 The price of any Subscription is the price in force at the date and time of the Client’s order. We may change the price of any Subscription before a Client places a Subscription request. We try to ensure that any prices displayed on our Web Sites are accurate, but the price on the Client’s Order Form will need to be validated by us as part of the acceptance procedure. We will inform Clients if the subscription’s correct price is higher than that stated in the Client’s Subscription request and Clients may cancel the order and decide whether or not to subscribe to the Services at the correct price.
2.7 Prices are guaranteed for the period stated on the Order Form. Prices on any Order Form are confidential and may not be disclosed by the Client.
2.8 Prices are exclusive of VAT or any other applicable taxes which must be paid in addition by the Client.
2.9 All invoices for Subscriptions are payable within seven workings days from invoice date. Late payment will entitle us to suspend provision of Services. Interest will be payable on late payments at a rate of 3% above HSBC’s base rate from time to time.
2.10 We are entitled to refuse any Subscription placed by a Client. If a Client’s Subscription is accepted, we will confirm acceptance to the Client by online electronic means to the email address which the Client gave on registration. The online service will be made available to Clients via email on confirmation.
2.11 A Client’s Subscription can be terminated at any time by it upon written notification to us but no refunds will be given without valid cause and subject to the Client’s statutory rights. Upon receipt of written notification from the Client, all material posted by the Client will be removed from the Web Site up to and including the final date for which the Subscription is paid.
2.12 Clients undertake that all details they provide to us for the purpose of subscribing to the Services will be correct, that the account details, cheque, credit or debit card or any electronic switch (whichever is applicable) that Clients use is their own and there are sufficient funds or credit facilities to cover the cost of any Subscription. We reserve the right to obtain validation of a Client’s credit or debit card details before providing Clients with any Services.
2.13 Clients agree that should any payment, or part of any payment, by credit or debit card be refunded by Visa, Mastercard or any financial or banking institution, or for whatever reason not be received by Global Sports Jobs Limited, they will pay the full amount, or balance of the full amount, of the order using another payment method within 5 working days. Late payment will entitle us to suspend provision of Services. Interest will be payable on late payments at a rate of 3% above HSBC’s base rate from time to time.
3. Conditions of Access for Clients
3.1 Access to the Web Sites is conditional upon registration and payment confirmation.
3.2 Registration - Clients must accurately fill out the online registration form with all the relevant requested details.
3.3 One-off Posting - If the Client’s one-off payment is accepted we grant the Client a non-exclusive, non-transferable licence to use the online service for 30 days.
3.4 Multiple Postings - If the Client’s subscription payment is accepted we grant the Client a non-exclusive, non-transferable licence to use the Multiple Postings service for a minimum of one month and for monthly periods afterwards on the payment of a monthly (or at otherwise pre-agreed intervals) renewal fee. This licence to use the online service is granted on the terms and conditions of this Agreement.
3.5 Any access, password and the above licence(s) will automatically terminate at the end of the one-month period (as applicable) unless renewed.
3.6 You are responsible for ensuring that your computer system meets all relevant computer specifications necessary to use the Client Service(s) and is compatible with our Web Site.
4. Content Provided by Clients
4.1 Subject to the continued payment of the fees for the use or continued provision of the Client Service(s), Clients (where permitted) may add to, edit or delete content on the Client’s organisation-specific web pages on the Web Site, Clients may access the search facilities for the member profiles (including job-seeking information), and Clients are responsible for maintaining, updating, refreshing and the accuracy of all the material and that which concerns job vacancies posted on the Web Site ("Content").
4.2 Clients must adhere to certain rules when posting jobs onto Global Sports Jobs Limited to ensure that users who search the site get results which are presented to them as clearly and as informatively as possible. You agree that we may, at our discretion and without liability to you, remove from Global Sports Jobs Limited any job advertisement which is posted in breach of the Web Site rules.
4.3 Global Sports Jobs Limited rules: Clients must own or have the right to submit Content for publication on our Web Site and ensure that: (a) it does not infringe the copyright, design, privacy, data protection, trade mark or any other rights of any third party; or (b) is not obscene, abusive, threatening, libellous or defamatory of any person, entity or organisation; (c) is not racist, sexist or homophobic; (d) is not pornographic, obscene, profane or vulgar; (e) is not abusive, threatening or otherwise likely to be harmful to those persons likely to use the Web Site; (f) does not infringe the rights (including the intellectual property rights) of any person; or (g) is not related to the conduct of a business; (h) does not contain html tags or domain names relating to any other company without our prior approval; (i) is not otherwise offensive in the opinion of us in our absolute and sole discretion; (j) is not a duplicated job at the expense of other clients’ jobs; or (k) is placed on Global Sports Jobs Limited for genuine vacancies only.
4.4 If your job advertisement links to another site via our external apply online option, you are responsible for maintaining the links and for the Content of your advertisement and the linked site. We may remove from Global Sports Jobs Limited any advertisement which contains Content or links to a site which, in our opinion, is defamatory, illegal, objectionable or will bring Global Sports Jobs Limited into disrepute. You will indemnify us from and against any claims or liability arising from Content or links contained in your advertisements.
4.5 Clients may not download, store, reproduce, transmit, display, copy, distribute or use the Content other than in accordance with our permission.
4.6 Clients agree that we have the right to monitor Content and may edit, reject or remove Content if we believe it does not comply with this Agreement and, in particular, we reserve the right to block incoming e-mails and other Content if we believe that their Content is or may be inappropriate or otherwise does not comply with the above.
4.7 A job posted on Global Sports Jobs Limited will remain live for 30 days or such shorter time as we agree with the Client. Any extension of this time will be charged to the Client as a new posting. A single job is identified by its unique ID number.
4.8 If any Services to be used within any time period specified on the Order Form are not used within that period of time they may not be carried over into any subsequent period without Global Sports Jobs Limited’s prior written consent. The Client will be responsible for payment for any unused Services.
4.9 We have the right to remove all vacancies older than 30 days whether or not the vacancy has been filled. It is a Client’s responsibility to re-post the vacancy if it has not been filled. 4.10 We may terminate or suspend a Client’s Subscription and use of the Services at any time if Clients are found in breach of any of these terms or conditions.
4.11 Clients must ensure that they keep their password(s) confidential and must not allow non-subscribers to access the password. If we have reasonable grounds to suspect that a Client has breached this sub-clause we may change a Client’s password or suspend a Client’s use of the Services.
4.12 We reserve the right to edit, delete or use electronic methods to block or filter any content left on or sent to the Web Site, including without limitation any Content which contravenes what is set out in this Agreement.
4.13 Clients grant us a non-exclusive, irrevocable royalty free, perpetual, worldwide licence to publish, use, distribute, adapt, modify, display, reproduce and transmit such Content in any and all media in any manner in whole or in part without any duty to account to Clients except any portion of the Content that is Personal Information.
4.14 Job advertisements or related Content posted on Global Sports Jobs Limited may also appear on a Global Sports Jobs Limited affiliate or third party recruitment web sites pursuant to agreements from time to time between Global Sports Jobs Limited and the proprietors of such web sites.
4.15 Clients have sole responsibility for the Content which Clients post on the Web Site and Clients shall indemnify and shall keep us fully and effectively indemnified on demand from and against all losses and liabilities (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content submitted by Clients to us or posted directly on the Web Site.
5. Information Provided by Clients
5.1 The following applies to any information you provide to us, for example, during any registration or ordering.
5.2 You authorise us to use, store or otherwise process any Personal Information to the extent reasonably necessary to provide the Services.
5.3 You as a Client are solely responsible in all aspects for all use of Personal Information supplied directly to you by Job Seekers in the form of applications and curriculum vitaes. You are solely responsible for ensuring that you hold the requisite data protection registrations or equivalent in any applicable jurisdiction and that you fully comply with the Data Protection Act 1998 including without limitation the provision of secure storage and processing for the Personal Information of Job Seekers.
5.4 You must ensure that the Personal Information you provide is accurate and complete and that all ordering or contact details contain your correct name and other request details.
6. Agent or third party supplied content
6.1 These terms and conditions apply to all advertising campaigns ("Campaigns") and other material accepted by Global Sports Jobs Limited for display on our Web Site. By placing any such material you accept these terms and conditions as principal, even if you are acting as agent or buyer for the third party advertiser. 6.2 You are responsible for the content of material supplied by you and for ensuring that you have the right to supply it to us and that it complies with all relevant legislation and codes of practice for the country to which the Web Site applies. If we receive complaints about any material or its content we may, at our discretion, remove the material from display without reference or liability to you. You will indemnify us against any claim that the material infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive.
6.3 You are also responsible for fulfilling and dealing with any orders or enquiries relating to the goods or services to which a Campaign relates and you will indemnify and hold us harmless accordingly.
6.4 Your sole remedy if we, or our third party sub-contractors who may host and serve Campaigns from time to time, make an error in displaying any Campaign is the cost of re-running the relevant Campaign on the Web Site. Neither we nor our sub-contractors shall be liable in any circumstances for any loss of profit or business. We shall, additionally, have no liability for failure to display the Campaign caused by circumstances outside our control.
7. Use of Global Sports Jobs Limited member profiles and database
7.1 Database rights, including but not limited to the Global Sports Jobs Limited member profiles, and all other applicable copyright and intellectual property rights in the database belong to Global Sports Jobs Limited. You acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its Content is governed by these terms and conditions.
7.2 The material you are entitled to receive from the database is determined by the product you have purchased from Global Sports Jobs Limited.
7.3 On receipt of this database material you may: (a) Use, search or download it to your database using the People Search back office interface and its associated functions for the purpose of finding suitable candidates for specific job vacancies that you or (if you are a recruitment/employment agency or recruitment/employment business) your client wish to fill; or (b) Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through Global Sports Jobs Limited depending on the product that you have purchased) in relation to a specific job vacancy; or (c) Use the information only in connection with your own recruitment-related activities.
7.4 You may not use the database to: (a) Supply, sell or license material from the database, or a copy of it, to any other person, including another member of your group of companies; or (b) Download the database through any automated (e.g. ‘scraping’) process; (c) Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies. You must, at all times, comply with the Data Protection Act 1988 and all subsequent legislation and regulations, or the equivalent data protection legislation for the country in question through which you are accessing the Web Site.
7.5 You agree to delete all material from the database upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable candidate, whichever occurs first.
7.6 You agree to deal fairly and professionally with individuals you may contact using information from the database and not do anything which may bring Global Sports Jobs Limited into disrepute. You will indemnify Global Sports Jobs Limited from and against any claim brought by an individual against Global Sports Jobs Limited arising from your breach of this obligation or any other of these terms and conditions.
The following provisions are in addition to those contained in the section headed "Liability & Disclaimer" in the Global Sports Jobs Limited terms and conditions above.
8.1 You agree to indemnify us against all costs, claims, demands or expenses incurred or made by us as a result of a breach of this Agreement by you or howsoever arising in connection with your use of the Web Site and/or the Client Service(s).
8.2 If we are liable to you under or in connection with this Agreement and/or the Client Service(s) for any reason, our aggregate liability will not exceed the amount paid by you for the Client Services in the year in which such liability arose.