Terms and Conditions
1.1 Welcome to www.researchwatercooler.com(“Website”, “we”, “our”). Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you (“you” or “your”) agree to be bound by these terms and conditions.
1.2 These terms and conditions apply to all Users. The Addendum (at the end of these terms and conditions) contains additional terms which apply only to Recruiters. In the event of any conflict, the Addendum takes priority.
2.1 Capitalised terms have the following meanings in these terms and conditions:
2.1.1 Advertisements” means any kind of promotion our service including Job advertisements.
2.1.2 Agency” means a person or organisation acting in an agency-type role (including recruitment agencies, headhunters, executive search).
2.1.3 “Content” means all information of whatever kind including Advertisements, CVs, images, photos, videos, forum posts, messages etc published or sent by Users on or in connection with our Service.
2.1.4 “CV” means the résumé, curriculum vitae or similar document provided via our Service which sets out details of a person’s education, qualifications, experience, skills and/or activities and/or other information for the purpose of finding a Job.
2.1.5 “Job” means employment or an assignment of any kind whether permanent, temporary, contract or otherwise or any other contract to provide services.
2.1.6 “Jobseeker” means a User who uses our Service with a view to finding a Job.
2.1.7 “Recruiter” means a person or organisation (including an Agency) who places an Advertisement on, or otherwise uses, our Service with a view to matching a person with a Job.
2.1.8 “Service” means the services we offer by means of our website as well as our related software and services.
2.1.9 “User” means any person who uses our Service (whether or not registered with us).
3. Changes to the terms and conditions
3.1 We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective . Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.
4. Use of our Service
4.1 We grant Users a limited personal right to use our Service subject to these terms and conditions.
4.2 You are not eligible for, and must not use or register on, our Service if:
4.2.1 you are below the legal age to form a binding contract with us; or
4.2.2 if display of or access to the material contained on this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (eg because the country does not permit such a Service or display of or access to such material at all or because you are under the relevant age limit in that country).
4.3 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
4.4 If you are an Agent, you promise to procure that any client / employer for whom you act in connection with any Job via offered via our Service is also bound by these terms and conditions.
4.5 You agree that you will not in connection with the Service:
4.5.1 breach any applicable law, regulation or code of conduct or infringe any rights of others;
4.5.2 engage in any inappropriate behaviour including threatening, harassing or invasion of privacy;
4.5.3 publish or send any Content which involves revealing any personal data of another person (ie information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
4.5.4 publish or send any Content which links to any third party websites which are illegal or contain inappropriate Content;
4.5.5 use the Service for junk mail, spam and pyramid or similar or fraudulent schemes;
4.5.6 do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
4.5.7 gain unauthorised access to any part of the Service or equipment used to provide the Service; or
4.5.8 attempt, encourage or assist any of the above.
4.6 You must comply with any guidelines or requirements on our website (for example, any file-size or other technical requirements in relation to the publication or sending of Content on or via our Service). You must promptly comply with any reasonable request or instruction by us in connection with the Service.
4.7 You must ensure that all contact and payment information (eg email and postal addresses, credit card numbers) which you provide is accurate and not misleading and that you will update it so that it remains so.
5. Your Content
5.1 You are responsible for your Content. You must ensure that such information is accurate and up to date, not misleading, complies with all applicable laws, regulations and codes of conduct and does not infringe any third party intellectual property or other rights. Also, the Content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.
5.2 You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the Service and these terms and conditions.
5.3 We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
5.4 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
5.5 It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such losses.
5.6 We reserve the right to irretrievably delete your Content following cancellation of this agreement or if your account has been inactive for sixmonths.
6. Content of other Users
6.1 We do not verify Advertisements or other Content. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, such information or in connection with any consequent communications or transactions with third parties or with use by third parties of the information comprised within any Advertisement or related enquiry.
6.2 If you are a Jobseeker and you respond to an Advertisement, please note that any consequent contract for sale or other transaction is between you and the Recruiter concerned. We may provide tools to facilitate a transaction but we are not a party to that contract. You acknowledge that any legal recourse in connection with such transactions is against the Recruiter and not us. Please direct any queries or complaints to the Recruiter.
6.3 You acknowledge that in using the Service you may be exposed to offensive or other inappropriate Content or behaviour. If so, you must notify us immediately by [insert how they should report abuse].
7. Our Content
7.1 Any Content which we ourselves make available on our Service is intended for very general guidance but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. The information is not intended as professional or other advice. You rely on such information at your own risk.
8.1 Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
9. Suspension / cancellation
9.1 You may at any time cancel this agreement (including any subscription) by following the instructions on our Service. A request for cancellation under this clause does not give rise to any refund.
9.2 We may at any time without cause immediately cancel this agreement including your right to use of our Service. If so, we will refund in full any fees already paid for the period in respect of which we take such a step.
9.3 We may at any time cancel this agreement without refund if we terminate our Service as a whole.
9.4 We may at any time cancel this agreement (giving notice by email to the extent reasonably practicable) or suspend part or all of our Service if we have reason to believe thatyou have breached our terms and conditions or it is necessary to protect us or others or if we are required to do so by law or appropriate authority. There will be no refund of any subscription.
9.5 Following cancellation of this agreement, your registration for and right to use our Service are terminated. Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.
9.6 We cannot be held legally responsible for loss or damage resulting from cancellation of this agreement provided we act in accordance with this agreement.
10. Functioning of our Service
10.1 We cannot guarantee that the Service will be uninterrupted or error-free. We will use reasonable endeavours to rectify faults if they occur.
10.2 We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason. If so, we will use reasonable endeavours to ensure that the suspension takes place at a time when our Service is least likely to be used and that the suspension is for the shortest period possible.
11.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
11.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
11.3 Very important: If you are a consumer (ie not acting in the course of a business),we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
11.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
11.3.2 such loss or damage was not reasonably foreseeable by both parties;
11.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
11.3.4 such loss or damage relates to a business.
11.4 Very important: If you are a consumer (ie not acting in the course of a business),you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
11.5 The following clauses apply only if you are a business:
11.5.1 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
11.5.2 Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to £100 or the total fees payable by you in the 12 months before the event(s) complained of, whichever is higher.
11.5.3 In no event (including our own negligence) will we be liable for any:
a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
b) loss of goodwill or reputation;
c) special, indirect or consequential losses; or
d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
11.5.4 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
11.5.5 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
12. Intellectual property rights
12.1 All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our business partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
12.2 For the avoidance of doubt you may not collect, scrape or harvest any data on our Service or deep-link to or frame data on our Service without our specific prior written consent.
12.3 You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.
12.4 If you publish any Content on our Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such Content on our Service. You also grant each User a licence to use your Content to the extent permitted by the functionality of the Service and these terms and conditions.
12.5 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our Service (“Submissions”) which you provide us are non-confidential and shall become our sole property. We shall own exclusive intellectual property rights in, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
13.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy.
14. Third party websites
14.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer. You use such third party sites at your own risk.
15. “Act of God”
15.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control including third party telecommunication failures.
16.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
17. English law
17.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
18.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
19.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.
ADDENDUM APPLICABLE ONLY TO RECRUITERS
20.1 We reserve the right in our discretion without notice to edit the text or layout of Advertisements or to locate or relocate Advertisements on our Service in order to ensure that your Advertisement complies with our terms and conditions and otherwise to the extent that we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package).
20.2 You accept that we cannot guarantee the quantity or quality of applicants or Jobs or revenue that may be generated through use our Service.
20.3 Your Advertisement must not link to another website without our specific prior written consent.
21. Dealing with Jobseekers
21.1 You agree to keep any CVs or other Jobseeker personal data received by you in connection with the Service strictly confidential. You may not disclose any such material to any third party without the prior explicit consent of the relevant Jobseeker and you must comply with all applicable data protection laws.
21.2 Except with the prior explicit consent of the Jobseeker, you agree to use any CVs or other Jobseeker personal data supplied to you via the Service for the sole purpose of matching a person with a Job applied for by the Jobseeker.
21.3 You agree to deal with Jobseekers in accordance with the highest industry standards.
22. Payment for Advertisements
22.1 Advertisements are payable by subscription. These can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.
22.2 Where specified on the payment page of our Service when you subscribed, your subscription will be auto-renewed for the periods stated. You can cancel auto-renewal by following the instructions on our Service.
22.3 We may at any time change our subscription prices. The new rate takes effect if you apply for or renew a subscription after we post the new prices on our Service.
22.4 Prices include VAT or other sales tax unless otherwise stated.
22.5 You are legally committed to pay for your Advertisement once we confirm your order.
22.6 You may at any time cancel your Advertisement by following the instructions on our Service. Such cancellation does not give rise to any refund.
22.7 If any amount due to us is unpaid, we may:
22.7.1 charge reasonable additional administration costs; and/or
22.7.2 charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998; and/or
22.7.3 suspend or remove any or all of your Advertisements; and/or
22.7.4 cancel this agreement on written notice (including email).
23.1 You acknowledge that we may permit Users to provide ratings, reviews or other feedback (“Feedback”) in relation to you and your services and that Feedback will be publicly available for viewing. We are not responsible for monitoring or editing Feedback. You acknowledge that such Feedback may be critical or defamatory of you. Notwithstanding that we may be aware or ought reasonably to be aware that such Feedback caused or contributed to publication of a defamatory statement about you, you release us from any liability in connection with such defamatory statements.