These are the terms and conditions (the "Terms and Conditions") which regulate your use of the website www.jobtonic.com (the "Website") offered by Alcuda Limited, a company registered under the Companies Acts (Company Number SC297304) which has its registered office at 23 Manor Place, Edinburgh, EH3 7XE and which trades as JobTonic ("JobTonic", "we", "us", "our"). When we refer to "you" and "your" we mean the user of the Website whether or not the person uses the services offered through the Website ("User").
We provide a service for employers to advertise positions they may have available on the Website. Users can apply for positions and refer potential candidates for positions advertised on the Website and receive a payment for each successful referral they make (the "Services").
The Terms and Conditions contain the following sections:
Part 1 - Your use of the Website and our relationship with you
Please read these Terms and Conditions carefully before using the Website. By using the Website you agree to be bound by the Terms and Conditions. If you do not agree to be bound by the Terms and Conditions you are not permitted to use the Website. We recommend that you print or store a copy of the Terms and Conditions for future reference.
We reserve the right to change the Terms and Conditions at any time. Any such change will be effective once reflected in the text of the Terms and Conditions and published on this web page. You should check the Terms and Conditions periodically to ensure that you are aware of and complying with the current version as they are binding on you.
Part 1 – Your use of the Website and our relationship with you
This Part sets out the terms relating to information on the Website and how you use the Website and the Services. In addition, this Part sets out the general terms relating to our relationship with you.
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Access
1.1 From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users who have registered with us.
1.2 You must choose a password for your User's account on completion of registration. You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times. You are responsible for preventing unauthorised persons from using your password and all other details. You are responsible for all use of your account using your password and shall only use the Website using your own log-in details and password. You must use every effort to keep your password safe and should not disclose it or permit it to be used by any other person. Please contact us immediately if you suspect that the security of your account is at risk.
1.3 We do our best to ensure that the Website operates properly at all times, but we make no warranties as to the availability or accessibility of the Website and we reserve the right to alter any part of the Website at any time and to suspend or withdraw the Website at any time and for any reason. Save as otherwise set out in the Terms and Conditions we shall not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Website and any event beyond our reasonable control.
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Links
2.1 Any link (be it a hypertext link or other referral device) to any content of any other website ("3rd party site") accessed through the Website is provided solely for the use and convenience of the User. We do not endorse or approve the content of any 3rd party site. We are not responsible for the content of any 3rd party site nor will we have any liability in connection with any 3rd party site (including, but not limited to, liability arising out of any allegation that the content of any 3rd party site infringes any law or the rights of any person or entity).
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Intellectual Property Rights
3.1 All intellectual property rights and goodwill in or relating to the content of the Website belong to either us or our licensors. Nothing contained in the Terms and Conditions or the Website should be construed as granting by implication, personal bar, or otherwise, any licence or right to use such intellectual property rights except as otherwise provided below.
3.2 You may download the Website to a local hard disk and print or copy extracts from the Website for your personal use only. You may not otherwise publish, copy, distribute, modify, transmit or reproduce in any form (whether in hard copy, electronic or otherwise) the information and materials on the Website without our permission, nor use the information and materials for commercial purposes. No part of the content of the Website may be incorporated into or stored in any other web site or other work in any form. If you would like to link to the Website, please email us at support@jobtonic.com
3.3 Notwithstanding the above, caching of this Website is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce (EC Directive) Regulations 2002.
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Prohibited User
4.1 By registering to use the Website you warrant that you are aged 18 years of age or older.
4.2 You agree not to do any of the following:
4.2.1 defame, abuse, harass, threaten or otherwise violate or infringe the rights of any person or entity (including, but not limited to, rights of intellectual property or rights of privacy);
4.2.2 use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws;
4.2.3 use the Website (or any part thereof) in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
4.2.4 impersonate any person or entity nor attempt any unauthorised access to any part or component of the Website; and agree that in the event that you have any right, claim or action against any other User arising out of that User's use of the Website, then you will pursue such right, claim or action independently of, and without recourse to us; nor
4.2.5 attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising in or in any way making up a part of the Website.
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Termination
5.1 Without limiting our other remedies, we reserve the right to suspend or cancel your right to use the Website and/or the Services at any time and for any reason, including without limitation, where you are in breach of the Terms and Conditions or where we have reasonable grounds to believe that you have breached the Terms and Conditions.
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Warranties and liabilities
6.1 Whilst we have prepared the content of the Website in good faith and with reasonable care and skill, we make no representation and give no warranty (express or implied) about any of the content of this Website (including, but not limited to, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content). Whilst we shall try to keep the material on the Website up to date, we shall not be liable to you or to any other party for any delays, errors or omissions in doing so.
6.2 We do not vet and are not responsible for the content of the advertisements of positions which are posted on the Website. The details and description of the advertisements are supplied by those advertising the position (the "Advertiser"). We are not able to verify the accuracy of the content (including but not limited to any statements and descriptions relating to the position) of advertisements or other information provided to us by Advertisers. Any information in the advertisements or any information included on the Website is followed by you at your own risk and we do not warrant the accuracy of the content in any respect. We cannot be held liable for any use or reliance you make of or put on it.
6.3 To the extent that we are found to be liable to you in respect of the Website or the Services (whether arising from breach of contract, negligence, breach of any common law or statutory duty to take reasonable care or exercise reasonable skill, or otherwise) our entire liability to you shall be limited in aggregate to the sum of £100.
6.4 We shall not be liable to you for any loss of profits, loss of contracts, loss of revenue, loss of business or goodwill, or any indirect, special or consequential loss or damage incurred by you (whether arising from breach of contract, negligence or otherwise) and whether or not we have been advised of the possibility of the loss.
6.5 Nothing within these Terms and Conditions operates so as to exclude, limit or restrict our liability for death or personal injury or for any other liability the exclusion of which is expressly prohibited by statute.
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Your liability
7.1 You hereby indemnify us and agree to keep us indemnified against any and all claims, damages, losses, liabilities and costs arising from and in connection with your use and abuse of the Website and/or Services or your breach of the Terms and Conditions.
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General
8.1 In order to use and benefit from the Services, you must provide us with correct and up to date details. You warrant to us that the details you provide on registration are correct. All personal data collected from you on or through the Website will be processed in accordance with our Privacy Policy.
8.2 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and that provision shall not affect the validity and enforceability of any remaining provisions.
8.3 All notices which we need to give to you under these Terms and Conditions will be sent by us to your registered email address.
8.4 No failure or delay by us in exercising our rights under the Terms and Conditions will be deemed to be a waiver of that right, and no waiver by us of any breach will be considered as a waiver of any subsequent breach.
8.5 All rights not expressly granted in the Terms and Conditions are reserved to JobTonic.
8.6 These Terms and Conditions together with the Privacy Policy (and any other conditions specifically agreed between us to apply) set out the entire agreement between you and us in respect of the use the Website and the Services. They supersede any previous agreement or understanding in relation to the subject matter hereof. They may only be varied where separately agreed in writing between you and us.
8.7 This Website is only intended for the information and use of residents in the UK. JobTonic makes no claims that the content of the Website may be lawfully viewed or downloaded outside of the UK. Access to the content of the Website may not be legal to certain persons or in certain countries. If you access the Website from outside the UK, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
8.8 The interpretation, construction, effect and enforceability of these Terms and Conditions shall be governed by Scots Law, and you and we agree to submit to the non-exclusive jurisdiction of the Scottish courts for the determination of disputes.
This Part sets out the terms which apply to the referral of another person for a position advertised on the Website.
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Referring a person for a position
9.1 If you think someone you know (the "Candidate") may be interested in applying for a position advertised on the Website, then you can refer that person to us. You can refer up to five persons for each position advertised.
9.2 Before you can refer a Candidate for a position for the first time you must register on the Website by completing the online registration form. Once you have submitted your details, an e-mail will be sent to you confirming your User ID and successful registration.
9.3 Your details will be stored in a unique "Profile", which you will be able to access (using your User ID and password) at any time. You are responsible for keeping the personal information in your Profile correct and up to date. If your details change, you undertake to update your Profile as soon as reasonably possible.
9.4 On each occasion you refer a Candidate to us you will be asked to provide the Candidate's name and email address to us. By referring a Candidate to us you confirm that you have obtained the consent of the Candidate to do so.
9.5 On receipt of your referral, we shall send an email to the Candidate confirming that you have referred them for a position advertised on the Website.
9.6 If more than one person refers the Candidate for the same position, the Candidate will receive a unique link in respect of each referral, and can choose which referrer should receive the Reward by clicking on their unique link. For the avoidance of doubt, no Reward will be due if the link from your referral is not clicked.
9.7 There is no fee payable to us for registration on the Website or for your use of the Services. You will, however, be responsible for any costs and expenses incurred by you for use of the Services including, without limitation, any telephony costs or charges for other communication services.
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The Reward
10.1 Many positions advertised on the Website are allocated a referral fee (the "Reward"). Details of the maximum Reward available for each position are set out next to the applicable advertisement on the Website. For each successful referral you make, you will receive payment of a percentage of the Reward, depending on your rating. A successful referral is defined as where a Candidate you refer for a position is (a) hired by the Advertiser for that position; and (b) remains employed by the Advertiser in that position for at least three months.
10.2 If you make a successful referral, we shall contact you by email to notify you of this and to arrange payment of your share of the Reward. However, while we shall make every effort to track the progress of referrals, we shall not be responsible for the failure by an Advertiser to inform us of the recruitment of a Candidate. We recommend that you maintain contact with your candidates and inform us when you believe you have made a successful referral (email referral@jobtonic.com). When we are informed by you of a successful referral we shall use reasonable endeavours to verify this and obtain the Reward.
10.3 Any communications regarding referrals, a Reward and payments due must be made to JobTonic.com and not with the Advertiser/employer. Failure to abide by this clause will nullify any right you may have to claim a Reward.
10.4 Payment of the Reward will be by cheque to you. Any costs and expenses incurred by you in respect of the payment method will be borne by you. Our payment to you is conditional on our first having received payment of the Reward from the Advertiser for the position you referred successfully.
10.5 You are responsible for paying any tax which becomes due by you as a result of our payment to you of the Reward and indemnify us against any liability for tax due by you which results from such payment.
11.6 You must claim your share of the Reward within 12 months of successful referral. If you do not, your right to receive payment will terminate.
This Part sets out the terms which apply to Candidates referred for jobs through the Website.
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Candidates
11.1 If someone refers a position to you we shall contact you by email and provide you with details of the position in question together with a link to our Website. If more than one person refers you for the same position, you will receive a unique link in respect of each referral, and can choose which referrer should receive the Reward by clicking on their unique link. If you wish to apply for the position, you must send your curriculum vitae to us, via this link which we shall then pass on to the Advertiser. The Advertiser will contact you direct if they wish to consider you for the position. Please note that we shall not otherwise become involved in the recruitment process or contact the Advertiser on your behalf. Only once we obtain your consent will we disclose your details to the applicable Advertiser.
11.2 If you wish to apply to the position but do not wish the referrer/s to receive a Reward should you accept it, you must go directly to the site and apply, not through the link.
12.3 You acknowledge that we do not act as an agent for Advertisers nor do we act as your agent. We shall also not act as an intermediary between you and the Advertiser, and you acknowledge and agree that we shall not enter into correspondence or discussions or negotiations with any Advertiser on your behalf.
11.4 We cannot advise you on issues of employment law and you should consult a suitably qualified lawyer if you have any specific legal questions or problems. Any information contained on the Website is general information only and nothing on the Website can be construed as advice on legal or employment issues.
11.5 We make no warranties or representations in respect of any positions offered by Advertisers, including, but not limited to, the quality of any position.
11.6 Advertisers of positions on the Website will include various businesses from a range of market sectors and could include individual companies and recruitment agencies. Whilst we shall use our best efforts in good faith to check that Advertisers who advertise position on the Website are legitimate businesses, you acknowledge that by providing your details to an Advertiser we are simply introducing you to the Advertiser and are not endorsing or recommending the Advertiser nor making any warranties or representations about the Advertiser's business activities or any position which is claimed to be offered. We suggest that you use common sense and exercise normal caution when making arrangements to visit or meet with Advertisers.
11.7 We shall not become involved in any dispute which may arise between a Candidate and an Advertiser in respect of a position including but not limited to, any dispute about the quality of work, availability of hours or pay. If, however, you have legitimate concerns or complaints about a particular Advertiser or its activities in connection with the Services and the Website, these can be directed to us using the contact details set out on our Contact Us page.
11.8 If you wish, you can prevent a referrer from referring any further positions to you by clicking on the appropriate link on the email. This may result in the referrer earning a slightly smaller Reward from the next successful referral. Click this link if you feel the referral was unsolicited, if you do not know the referrer, or if the referrer continues to refer irrelevant jobs.
11.9 In the event that you are referred for a position by someone you do not know or someone who did not obtain your consent to your referral, then please direct your concerns or complaints to us using the contact details set out on our Contact Us page. If you request, you can opt-out of receiving any further referrals for positions.
If you have any queries, comments or complaints about the Terms and Conditions, our Website or the Services please email us [via the Contact Us].
