91app

The Vacancies Site (JobOnline) are operated by The Careers Group, 91app ("The Careers Group", "we" or "our"). The 91app is a company registered in England and Wales with the company registration number RC000661. Our registered office address is Senate House, Malet Street, London WC1E 7HU and our VAT number is GB 222 7971 03.

We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of them. Any changes are effective immediately upon posting to the Vacancies Site. Your continued use of the Vacancies Site constitutes your agreement to all such Terms.

3.1. By means of the Vacancies Site, we make available an online vacancies board where recruiters may place advertisements for positions which they have and receive responses from interested candidates ("the Services").

3.2. The use of the Services by recruiters is only available to holders of valid "Employer Accounts". To obtain an Employer Account please register online at https://jobonline.targetconnect.net/employer/login.html

3.3. Whether or not we accept your application for an Employer Account is entirely at our discretion. If we do accept your application you will be required to select a password. You must treat your username and password as confidential and you must not disclose it to any third party. If you know or suspect that your username and/or password have become known to any third party, you must inform us immediately.

4.1. For the purposes of these Terms: "Content" includes, but is not limited to, all or part of any text, layout, logos.

4.2. While accessing, browsing and/or using the Vacancies Site or the Services you must:

4.2.1. comply with all applicable laws, regulations and codes including, without limitation: (i) the Data Protection Act 1998; (ii) the Privacy and Electronic Communications (EC Directive) Regulations 2003; (iii) the Employment Agencies Act 1973; (iv) the Conduct of Employment Agencies and Employment Business Regulations 2003; (v) the Equality Act 2010; (vi) the National Minimum Wage Act (1998) (you must also comply with The Careers Group, 91app national minimum wage policy please see http://thecareersgroup.co.uk/policies-and-statements/work-experience-and-national-minimum-wage-policy/); (vii) the Rehabilitation of Offenders Act 1974 and (viii) the British Code of Advertising, Sales Promotion and Direct Marketing (all as amended from time to time);
4.2.2. not impersonate another person or use a false name or email address;
4.2.3. act in good faith with, not misuse and treat in confidence any information provided to you from those who respond to any use which you may make of the Services;
4.2.4. not make any misrepresentations in your use of the Services;
4.2.5. not use the Vacancies Site or the Services to seek details of individuals when you do not have a job vacancy that you are actively seeking to fill;
4.2.6. not use the Vacancies Site or Services to compile a database of potential employees that you or any third party may exploit for any commercial purpose (whether or not for profit), save that this section 4.2.6 will not prevent you from compiling a list of potential employees for the job vacancy you are advertising by means of your use of the Services from those who have responded to you.;
4.2.7. not affect, restrict, limit, inhibit anyone from using the Services or the Website;
4.2.8. not post, transmit, submit, refer to, make available or link to or from (or authorise or permit any other person to do the same), or provide to The Careers Group for posting on or making available by means of the Vacancies Site and/or the Services, any material which in our opinion:

• a) is untrue, fraudulent, inaccurate or incomplete; and/or
• b) is obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright, designs or trade or service marks (whether registered or unregistered)) or otherwise is in breach of or violates any applicable law or regulation or code, and/or
• c) directly or indirectly discriminates on grounds of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex or sexual orientation; and/or
• d) makes excessive demands for bandwidth; and/or
• e) constitutes advertising for anything other than a position of employment;

4.3. Recruiters are solely responsible for verifying the information contained in responses to adverts for positions of employment including, without limitation, verifying the identity of respondents or candidates, their eligibility to work, training, qualifications and any authorisations required by law or any professional body.

4.4. The employer must make clear the nature of the work offered and specify any necessary skills required, the proposed wages and other terms.

4.5. The employer should be aware of student's study obligations and as a guide should not ask full time students to work in excess of 20 hours per week, except during vacations or other periods when a student does not have the usual pressure of study.

4.6. It is the duty of the employer to meet all statutory legal requirements, in particular the employer is reminded of the following:

a) Adherence to the national minimum wage
b) Working time directive legislation including holiday entitlement
c) Payment of National Insurance contributions, tax, or where appropriate, submission of Declaration of Income forms [P38(s)] to the Inland Revenue and adherence to health and safety regulations and provision of adequate insurance
d) Adherence to The Children's Act
e) Compliance with legislation against discrimination in employment in accordance to the Equality Act 2010
4.7. The employer shall satisfy themselves as to the suitability of any employee and shall be responsible for taking up any references provided by the employee before engaging the student.

5.1. By using the Services you automatically grant us a royalty free, worldwide, perpetual and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license, transmit, display, edit, make available on the Vacancies and otherwise deal with as necessary to provide to you the Services the whole or any part of any material which you may provide to us through your use of the Services.

5.2. You agree that we may (at our discretion) disclose your identity to any third party who is claiming that any material sent by you to the Vacancies Site is defamatory, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright), in breach of any of the warranties set out in section 5.3 below or otherwise is in breach of or violates any applicable law or regulation or code.

5.3. You warrant that the material you submit through your use of the Services is not obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise is in breach of or violates any applicable law or regulation or code.

5.4. You warrant that where you use the Services to submit material (including advertisements for positions of employment) or otherwise act on behalf of an agency or other third party, you are expressly authorised to do so and you acknowledge that you are primarily liable for such material and otherwise for ensuring compliance with these Terms.

5.5. You acknowledge that any breach of the warranties set out in sections 5.3 and 5.4 above may cause us damage or loss and you agree to indemnify us in full and permanently on demand against any third party liabilities, claims, costs, loss or damage we incur (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) as a result of any such breach.

5.6. Whilst you acknowledge that we do not necessarily pre-screen any material that you have submitted to the Vacancies Site, whether through your use of the Services or otherwise, we reserve the right to remove, at any time and without reason or prior notice or any liability to you, any material that you have submitted.

5.7. We have the right to remove any advertisements that do not comply with all statutory legal requirements.

Advertising on the Vacancies Site is free of charge if you are hiring on behalf of your own organisation. If you are a third party advertising on behalf of a client then you will be charged a fee per month per advert.

6.1. In order to hold an Employer Account and to be entitled to use the Services you must pay:

• 6.1.1. the charges (plus VAT where relevant) set out on the Vacancies Site
• 6.1.2. the charges (plus VAT where relevant) notified to you in accordance with section 6.3 below, together (the "Charges"). We will invoice you or send you an online payment link for the Charges in accordance with the payment schedule set out on the Vacancies Site (or as otherwise notified to you in writing from time to time). Payment of our invoices is due within thirty days after the date of the relevant invoice and payment shall mean the receipt by us at our principal place of business (or elsewhere as we may direct) of cash or a cheque or at our bank of moneys transferred electronically or through the clearing banks' giro credit system. Payment will be due before an advert can go live. We reserve the right to recharge you for any charges we incur resulting from your chosen method of payment.

6.2. If you are registered for VAT in a member state of the European Union other than the United Kingdom and wish to be invoiced with VAT charged at a rate of zero or such other rate as may be lower than the standard rate of VAT for the time being in force in the United Kingdom, you must provide us with your VAT registration number.

6.3. We reserve the right to change the Charges at any time.

6.4. You are solely responsible for all connection and equipment charges necessary to access and use the Vacancies Site and the Services which are made available, as well as any other costs which you may incur as a result of or pursuant to your use of the Vacancies Site and/or the Services.

6.5. Where you have purchased an advertisement for a period of time, it is up to you to fully utilise that time. We will not refund you for any under utilised periods. We make no representations as to the effect or likely rate of response to any advertisement, and accept no liability for low response rates.  It is your responsibility to check the correctness of the advertisement (and of each publication of the advertisement if more than once). We assume no responsibility for the continuation of an error in an advertisement until 48 hours after you have notified us of the error.

7.1. The Careers Group, 91app reserves the right not to advertise or terminate vacancies for employment of a nature it deems might be liable to bring the University into disrepute.

7.2. The Careers Group, 91app reserves the right not to advertise or terminate vacancies it considers unsuitable for students, and to refuse to advertise further vacancies from any company which breaches this code.

7.3. The Careers Group, 91app reserves the right not to advertise or terminate vacancies that do not comply with any of the conditions set out in section 4 and to refuse to advertise further vacancies from any company which breaches this code.

7.4. At any time and without giving you any advance notice, we may permanently or temporarily and for any reason:

• 7.4.1. terminate, suspend or deny your access to the Vacancies Site (whether in whole or in part); and/or
• 7.4.2. terminate, suspend or deny your access to the Services (whether in whole or in part) and/or your logon or password referred to in section 3.3 above; and/or
• 7.4.3. cancel, terminate, suspend or deny your access to your Employer Account; and/or
• 7.4.4. remove or edit any Content (including any material that you submit) on the Vacancies Site at any time. In such circumstances all liability of The Careers Group, 91app, its directors, employees or other representatives for any loss whatsoever arising from our removing or editing Content and/or your limited use of or inability to use the Vacancies Site (either in whole or in part), the Services, your Employer Account and/or your logon or password is excluded, insofar as it is possible to do so in law.

7.5. If you cancel your Employer Account further to section 7.6 below you will remain liable for all Charges payable up until the date that any such cancellation takes effect.

7.6. The cancellation of your Employer Account does not and will not affect the accrued rights and liabilities of The Careers Group, 91app or the enforceability of sections 6, 7.6 or any other provisions of the Terms that are intended to remain in force after cancellation.

For full details of our policies please see: 

The website contains hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the Vacancies Site, you do so entirely at your own risk.

10.1. The Careers Group, 91app is only responsible for the operation of the Vacancies Site and the making available of the Services, subject to the limitations set out in these Terms. We do not guarantee that you will receive any responses to adverts placed for positions of employment or otherwise.

10.2. The Careers Group, 91app will not be a party to any communications whatsoever between you and those responding to any use which you may make of the Services, although we reserve the right (but not the obligation) to monitor any such communications which are made by means of the Vacancies Site and/or the Services and you now consent to any such monitoring. Notwithstanding the first part of this section 10.2, The Careers Group, 91app excludes insofar as it is possible to do so in law all liability to you concerning such communications and your dealings with third parties.

10.3. It is the responsibility of the employer to let all candidates know the result of an application as soon as possible or to state that only successful candidates will be contacted.

10.4. All information and/or data on the Vacancies Site is provided on an "as is" basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Vacancies Site or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose. Your use of such Content is entirely at your own risk.

10.5. Neither The Careers Group, 91app nor any of its data providers or affiliates gives any warranty or guarantee relating to availability of the Vacancies Site or that the Vacancies Site and/or our operation of it, the Content or the server that makes the Vacancies Site available are error or virus free or free of other harmful components or that your use of the Vacancies Site and/or the Content will be uninterrupted.

10.6. The Careers Group, 91app shall use reasonable endeavours to ensure that the Vacancies Site and the Services are kept secure. However, due to the nature of the Internet, we cannot accept any liability for those who intentionally attempt to and/or manage to gain unauthorised access to the same by means such as, without limitation, computer hacking (save to the extent that The Careers Group is unable to exclude such liability by law).

10.7. You agree that The Careers Group, 91app, its directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:

• 10.7.1. interruption of business; or
• 10.7.2. access or other delays, terminations, suspensions, denials or access interruptions to the Vacancies Site and/or the Services; or
• 10.7.3. data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data; or
• 10.7.4. third party website links on the Vacancies Site; or
• 10.7.5. reliance on the information contained on the Vacancies Site; or
• 10.7.6. computer viruses, system failures or malfunctions which may occur in connection with your use of the Vacancies Site and/or the Services; or
• 10.7.7. any inaccuracies, omissions or misleading, false or deceptive statement in the Content; or
• 10.7.8. events beyond our reasonable control.

10.8. Notwithstanding any provision of these Terms, The Careers Group, 91app does not exclude or limit its liability for:

• 10.8.1. death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
• 10.8.2. fraudulent misrepresentation; or
• 10.8.3. any liability which it is not lawful to exclude either now or in the future.

You will indemnify and will keep indemnified The Careers Group, 91app and its data providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:

11.1. any breach of these Terms by you; or

11.2. your access to and/or use of the Vacancies Site and/or Services; or

11.3. your fault, negligence or breach of statutory duty; or

11.4. your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Suppliers.

12.1. You may not assign, transfer, sublet, lease, sub-license or delegate all or any of your rights or obligations in respect of the Vacancies Site and/or the Services without our prior written consent. In particular, but without limitation, you must not allow a third party to access and/or use the Services using your logon and password (or otherwise as a result of your Employer Account) without our prior written consent.

12.2. The Careers Group may freely assign, transfer, sublet, lease, sub-license or delegate all or any of its rights or obligations in respect of the Vacancies Site and/or the Services (in whole or in part) to any third party at any time.

13.1. Any contractual or legal relationship between you and The Careers Group, 91app will be concluded in English.

13.2. These Terms (together with any variations to them pursuant to section 2 ) form the entire agreement between the parties concerning your access to, browsing and/or use of the Vacancies Site and the Services and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Vacancies Site and/or the Services.

13.3. Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

13.4. If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.

13.5. No waiver by The Careers Group, 91app of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and The Careers Group, 91app shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.

13.6. The rights and remedies of The Careers Group, 91app under these Terms are independent, cumulative and without prejudice to its rights under the law.

13.7. These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

13.8. These Terms and/or your use of the Vacancies Site and/or the Services shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.