Website Terms & Conditions
Website Terms and Conditions, Version 1 – 7th November 2011
This is the Chefsxpress website. Your use of this website is subject to the following terms and conditions, which you are deemed to accept each time you use the website.
1. DEFINITIONS
1.1 The following definitions apply:
"we" means Chefsxpress and "our" shall be construed accordingly.
"you" means the person, firm, company or organisation browsing and/or using the Chefsxpress.co.uk website, and "your" shall be construed accordingly
2. INTERRUPTIONS AND OMISSIONS IN SERVICE
2.1 Whilst we try to ensure that the standard of this website remains high and to maintain the continuity of it, the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate this website (or any particular part of it) or to provide the service offered on this website. We may vary the specification of this site from time to time without notice.
3. LINKS TO OTHER SITES
3.1 On this site you will be offered automatic links to other sites which we hope will be of interest to you. We do not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites is entirely at your own risk.
4. INFORMATION OBTAINED THROUGH THIS SITE
4.1 Whilst we make every effort to ensure that the information you obtain through this site and any associated sites, articles, blogs, postings, submissions, social media links and other media, is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. Irrespective of the source of the information, we supply it as a goodwill gesture to casual visitors, registered members, candidates and to clients who engage our services. We strongly advise you to obtain your own qualified legal and professional advice as appropriate. We do not accept any liability arising from any inaccuracy or omission in any of the information you obtain through this site or any liability in respect of information on this site supplied by you, any other site user or any other person.
5. YOUR USE OF THIS SITE
5.1 You may only use this Site for lawful purposes when seeking employment or help with your career or when recruiting staff. You must not under any circumstances seek to undermine the security of the Site or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of this Site or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Site.
5.2 You are solely responsible for any information submitted by you to this site. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trade mark or other intellectual property rights of any person in any jurisdiction. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to this site. We reserve the right to remove any information supplied by you from the website at our sole discretion, at any time and for any reason without being required to give any explanation.
6. INFORMATION SUBMITTED BY YOU
6.1 Chefsxpress and associated businesses or companies will use information supplied by you (including, without limitation, sensitive personal data) to aid the recruitment process and associated administrative functions or other services deemed as appropriate from time to time. This involves us and/or the Chefsxpress Corporate Family, amongst other things, processing and storing information (including, without limitation, sensitive personal data) and passing or making available online such information to prospective employers and clients; information about vacancies and placements will be passed to candidates and may be posted directly onto the website. We use third parties to help us process your information as part of the recruitment process. We may collect and aggregate data from the information supplied by you to help us to understand our users as a group so that we can provide you with a better service. We may also share aggregate information with selected third parties, without disclosing individual names or identifying information. You consent to us and the Chefsxpress Corporate Family using information provided by you (including, without limitation, sensitive personal data) in each of these ways.
6.2 Please note that all Third Party recruitment agencies have to abide by our Terms and Conditions and should they be found to be in breach of the Terms and Conditions, they will be prevented from using our services.
6.3 We will process any data which you provide in completing the online registration or application forms and any further forms, assessments or personal details which you complete or provide to us when using this site in accordance with UK data protection legislation. We explain more about your personal data in our Privacy Policy.
7. TERMS OF BUSINESS
7.1 Each employment assignment or placement arising as a result of an introduction made by Chefsxpress will be subject to our standard Terms of Business as they are applicable in the circumstances. All prospective employers and clients for whom we arrange assignments or placements will be provided with a copy of the Terms of Business applicable to them at or following registration. Separate terms and conditions also apply to the use of our Recruiter site.
8. CONTENT RIGHTS
8.1 The rights in material on this site are protected by international copyright, software and trademark laws and you agree to use this site in a way which does not infringe these rights. You may copy material on this site for your own private or domestic purposes, but no copying for any commercial or business use is permitted.
9. SECURITY AND PASSWORDS
9.1 In order to register with this site and to sign in when you visit the site, you will need to use a user name and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.
10. TERMINATION
10.1 We may terminate your registration and/or deny you access to the site or any part of it (including any services, goods or information available on or through the site) at any time in our absolute discretion and without any explanation or notification.
11. LIABILITY
11.1 We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the site and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to this website and your use of it to the maximum extent permitted by law.
11.2 You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this site.
11.3 You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of this site.
12. CHOICE OF LAW AND JURISDICTION
12.1 The use of this website and any agreements entered into through this website are to be governed by and construed in accordance with English law. The courts of England are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of this website or any agreement made through this website.
12.2 Some of the goods or services offered through this website may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom. If you attempt to order, receive, purchase or otherwise benefit from any such goods or services, we do not accept any liability for any losses suffered by you in using this website which you would not have suffered had you been accessing this website as a United Kingdom resident (including as a result of us being prevented from dealing with any application or enquiry by any law, regulation or other ruling applicable in any country).
13. CHANGES TO TERMS AND CONDITIONS AND INVALIDITY
13.1 These website terms and conditions may be changed by us at any time. You will be deemed to accept the terms and conditions (as amended) when you next use this site following any amendment.
13.2 If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Job Seeker Terms & Conditions
Job Seeker Terms and Conditions, Version 1 – 7th November 2011
1. DEFINITIONS
1.1. In these Conditions the words and phrases listed below shall have the following meanings unless contextually otherwise obvious:
"Advertisement" means any Advertisement issued by Chefsxpress on behalf of the Client;
"Applicant" means a Candidate who applies for a vacancy advertised on the Site;
"Application" means an Application made by a Candidate to a vacancy advertised on the Site;
"Candidate" or "Job Seeker" means a person who uses the Site for the purpose of finding employment;
"Client" means the person(s) who have signed a Service Agreement for use of the Chefsxpress Site and Services;
"Conditions" means these Standard Terms and Conditions;
"CV" means the curriculum vitae or brief outline details of a Candidate's education, training, skills and employment experience which is provided to Chefsxpress by a Candidate for distribution to Clients with a view to securing employment;
"CV Online" means a CV Service which enables the Client to upload or to search for and view CVs online using various search criteria;
"End Client" means the person to whom the Client's services are provided;
"Chefsxpress" means the trading name and Brand of the business through which recruitment a services are offered to potential employers and employees;
"Registration" means the process of application which a Candidate completes in order to register or to store and save their details and CV on Chefsxpress, for the purposes of securing employment;
"Screening Process" means the whole process through which the Candidate will be placed in the assessment for suitability for employment in specific roles or in general and includes the registration process, CV presentation, undertaking of a recorded Telephone or Video Interview and a Job Match & Personal Profile Blueprint (PPB), which is specifically designed to assess or compare the general and specific intelligence, logic, cognitive function, outward characteristics, underlying characteristics and the general traits and the basic integrity of the Candidate;
"Services" means the Services which Chefsxpress has agreed to provide to the Client and the Services which are available on the Site for use by Candidates;
"Service Agreement" means the service agreement entered into between the Client and Chefsxpress;
"Site" means the Site at www.Chefsxpress.co.uk or any other website operated and maintained by Chefsxpress;
1.2 In these Conditions:
1.2.1. references to any statute or statutory provision shall, unless the context otherwise requires be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;
1.2.2. references to the masculine include the feminine and the neuter and the singular include the plural and vice versa as the context admits or requires;
1.2.3. words importing persons include individuals, bodies corporate and unincorporate; and
1.2.4. headings will not affect their construction.
2. APPLICATION OF THE TERMS
2.1. These Terms and Conditions, to the exclusion of all previous terms and conditions issued by Chefsxpress, in conjunction with the Website Terms and Conditions and the Privacy Policy shall apply to any Candidate who registers for the services of Chefsxpress after the date on which these Conditions were posted on the Site.
2.2. These Conditions are deemed to be fully read and accepted by the Candidate upon electronic acceptance of these Conditions during Registration, or in the case of a Candidate who has not completed Registration, when an Application is made.
2.3. No variation or alteration to these Conditions or any representations about the Services shall have any effect unless expressly agreed and confirmed in writing by a director of Chefsxpress.
3. SERVICES GENERALLY
3.1. Chefsxpress does not make any representation whatsoever about any Advertisement accessed either on, by virtue of or by way of any links from the Site nor about any of the Clients who use Services on the Site. Chefsxpress relies on information provided to it by Clients and via third parties and accordingly it is a matter for the Candidate to satisfy itself as to the suitability of any Client using Services on the Site or of any Advertisement found directly or indirectly through the Site.
3.2. Chefsxpress shall be entitled at anytime without notifying the Candidate to make changes to the Services which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided
3.3. Any intellectual property, ideas, concepts, know-how or techniques developed by Chefsxpress or obtained during the execution of the Services will be owned exclusively by Chefsxpress.
3.4. Chefsxpress shall not be responsible for any failure to provide the Services, or unavailability of the Site, as a result of circumstances beyond its reasonable control.
3.5. The Candidate accepts that Chefsxpress shall not be liable for any failure to provide the Services (or any part thereof) as a result of the Candidate's failure to comply with these Conditions.
3.6. The Candidate agrees to provide Chefsxpress, in such a format as Chefsxpress may request, any information necessary to enable Chefsxpress to provide those Services.
3.7 Chefsxpress shall not be obliged to provide those Services until the Candidate has supplied it with the information, necessary to provide those Services.
4. CVS
If the Candidate has saved their details and stored a CV on Chefsxpress, the provisions of this clause shall apply thereto.
4.1. The Services are subject to any instructions from a Candidate that his or her details should or should not be made available to the Client and Chefsxpress will only make available or supply copies of the CVs which have been received by it for distribution to Clients of Chefsxpress solely for the purpose of securing suitable employment for the Candidate.
4.2. Chefsxpress cannot guarantee the minimum number of times a CV will be viewed by or distributed to Clients over any given period of time.
4.3. Chefsxpress will (under normal circumstances) ensure that CVs are made available to suitable Clients as soon as practical after receipt of the CV from a Candidate,
4.4. Chefsxpress may, at its discretion and without notice, report improper or illegal use of CVs or the Services by the Candidate to its Clients.
4.5. Chefsxpress has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Candidate information or CV accepted by it.
4.6. Chefsxpress may refuse, withdraw, or require to be amended, any Candidate information or CV which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon Chefsxpress or the Candidate or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
4.7. The Candidate hereby undertakes that:
4.7.1 the details and CV they store and save on Chefsxpress are a true and accurate reflection of their education, employment, training history and that their personal details are correct;
4.7.2 that if any of the information stored and saved on Chefsxpress for the purposes of securing employment is found to be false or inaccurate in any way, that Chefsxpress reserves the right to remove those details and/or suspend the use of the Services on the Site for the Candidate;
4.7.3 in respect of any information or CV submitted by the Candidate which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Candidate has obtained the authority of such living person to make use of such name, representation and/or copy;
5. APPLICATIONS AND APPLICATIONS FORMS
If the Candidate makes an Application or is required to complete an Application Form as part of an Application, the provisions of this clause shall apply thereto:
5.1. The Candidate hereby undertakes that:
5.1.1. they have fully read and understood the requirements of a vacancy Advertisement on the Site to which they make an Application;
5.1.2. they have the appropriate skills and qualifications required by the Client and the necessary qualifications required by law;
5.1.3. they satisfy or will attend to the necessary immigration requirements of the country in which the position will be situated;
5.1.4. the details they provide to the Client as part of an Application or in an Application Form are a true and accurate reflection of their education, employment, training history and that their personal details are correct;
5.1.5. that if any of the information used in an Application or Application Form is found to be false or inaccurate in any way, that Chefsxpress reserves the right to remove those details and/or suspend the use of the Services on the Site for the Candidate;
5.1.6. in respect of any information submitted during the Application by the Candidate which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, the Candidate has obtained the authority of such living person to make use of such name, representation and/or copy.
5.2. Chefsxpress has the right at its sole discretion to decline to distribute or forward, or to suspend or remove any Application accepted by it.
5.3. Chefsxpress may refuse, withdraw, or require to be amended, any Application which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon Chefsxpress or the Candidate or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
5.4. When a Candidate makes an Application through the Site, Chefsxpress will pass the Candidate's details to the Client who placed the Advertisement for the purpose of that one Application only.
5.5. The Candidate accepts that Chefsxpress cannot be held responsible for the content of Advertisements on the Site and that no obligations are imposed on Chefsxpress in this regard.
6. SCREENING PROCESS, TESTING AND INTERVIEWING
If the Candidate makes an Application or Registers by whatever means then as part of an Application, the provisions of this clause shall apply thereto:
6.1. The Candidate hereby undertakes that:
6.1.1. they will avail themselves to the Screening Process and fully accept that the results from any element of the Screening Process will be utilised by Chefsxpress at its sole discretion in its assessment of the Candidate and in its recommendation to potential employers. The Screening Process is an essential part of the Chefsxpress service and should the Candidate be unsuccessful either directly or indirectly as a result of any part of the Screening Process or the Chefsxpress recommendation, then the Candidate agrees not to hold Chefsxpress responsible or liable in any way whatsoever for any personal sufferance or consequential loss.
6.1.2. they will answer all questions in the Screening Process in a truthful manner and not in any way attempt to falsely skew or facilitate answers which alter the analysis of the results of the Screening Process and produce a result which is not a natural or truthful assessment of the candidate.
7. CANDIDATES OBLIGATIONS
7.1. The Candidate agrees that:
7.1.1. it has read, understood and agrees to the Privacy Policy or Statement available on the Site;
7.1.2. it will keep confidential and not disclose to any person the password used by them in relation to the Services;
7.1.3. it will be responsible for any misuse of all such passwords.
8. LIABILITY
8.1. Chefsxpress will not be liable (whether in contract or tort) for:
8.1.1. any loss of copy, artwork, photographs, data, CVs or other materials that the Candidate supplies to Chefsxpress and the Candidate shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
8.1.2. any mistakes or errors whatsoever that arise during the course of use of the Services or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Candidate;
8.1.3. for any failure to secure employment or consequential loss (whether caused by the negligence of Chefsxpress, its employees or agents);
8.1.4. any delay, costs, expense, loss, damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption, loss or removal of data) howsoever caused arising from any matter beyond the reasonable control of Chefsxpress or as a result of the acts or omissions of the Candidate;
8.1.5. any loss or damage whatsoever howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, or the wrongful disclosure of confidential information by, any Client. It is for the Candidate to satisfy itself as to the integrity and reliability of all vacancy Advertisements placed on the Site;
8.1.6. any breach of agreement or infringement or violation of any right of any person or be rendered liable to any proceedings whatsoever, as a result of any information or CV or Application submitted to it by the Candidate and the Candidate indemnifies Chefsxpress against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by Chefsxpress as a result of this undertaking and warranty being incorrect.
8.2 Nothing in these Conditions will restrict or exclude Chefsxpress's liability for death or personal injury caused by its own negligence.
8.3 The Candidate agrees and acknowledges that no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of Chefsxpress in respect of or in connection with the Services and accordingly the Candidate confirms that it has not, in accepting these Conditions, relied on any condition, warranty or representation by Chefsxpress or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services. The benefit of any such condition, warranty or representation by Chefsxpress is hereby irrevocably and unconditionally waived by the Candidate.
9. TERMINATION AND CANCELLATION
9.1 These Conditions apply unless replaced by subsequent Conditions or unless terminated under Clause 9.2 of these Conditions.
9.2. Either party may, at its sole discretion, terminate the provision of the Services to the Candidate at any time by notice in writing to the other party (the "Defaulting Party") if the Defaulting Party is in breach of these Conditions and fails to remedy such breach within 14 days of notice from the other party requiring it to be remedied.
9.3. The Candidate shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by Chefsxpress arising out of the Candidate's breach of its obligations under these Conditions (including, without limitation, on a solicitor and own client basis, any legal fees and disbursements reasonably incurred by Chefsxpress).
10. NOTICES
10.1. Notice required or permitted to be given under these Conditions shall:
10.1.1. be in writing addressed to that other party at its registered office or principal place of business or such other relevant address as may at the relevant time have been notified pursuant to this provision to the other party giving the notice; or
10.1.2. be in the form of an email addressed to Chefsxpress at info_Chefsxpress.co.uk (or such other address as supplied by Chefsxpress) or if to the Candidate, to the address provided in the Candidate's details submitted during Registration or as subsequently amended and the Candidate will be deemed to have received such notification within one hour of transmission.
10.2. The Candidate is responsible for notifying Chefsxpress of any changes to its email address. Such notification shall request an acknowledgement of receipt and shall be confirmed in writing and sent to Chefsxpress by email.
11. GENERAL
11.1. If any provision of these Conditions shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect.
11.2. Any waiver by Chefsxpress of any breach of, or any default under, any provision of these Conditions by the Candidate will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of these Conditions.
11.3. Failure or delay by Chefsxpress in enforcing or partially enforcing any provision of these Conditions will not be construed as a waiver of any of its rights under these Conditions.
11.4. The parties to these Conditions do not intend that any clause of these Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
12. LAW
12.1. These Conditions and any contract into which these Conditions are incorporated, shall be governed by and construed in accordance with English law and the parties submit to the non exclusive jurisdiction of the English courts:
