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Candidate Terms and Conditions: 3 - 14th February 2008

1. Definitions

• 1.1 In these Conditions the following words and phrases shall have the following meanings unless the context requires otherwise:-

• • Advertisement

    any advertisement issued by the Client;

  • Applicant

    a Candidate who applies for a vacancy advertised on the Site;

  • Application

    an Application made by a Candidate to a vacancy advertised on the Site;

  • Candidate

    a person who uses the Site for the purpose of finding employment;

  • Client

    the recruiter and/or its agent placing a job vacancy on the Site;

  • Conditions

    these Standard Terms and Conditions;

  • CV

    the curriculum vitae or brief outline details of a Candidate's education, training, skills and employment experience which is provided to Your Job by a Candidate for distribution to Clients with a view to securing employment;

  • Aberdeen Journals Limited

    Aberdeen Journals Limited. Registered office: Lang Stracht, Aberdeen, AB15 6DF Registered in Scotland with company number SC15256

  • Jobs-by-Email

    a service which matches and sends vacancies via email to Candidates who have subscribed to this service;

  • Registration

    the process a Candidate completes in order to store and save their details and CV with Your Job, for the purposes of securing employment;

  • Services

    the Services which Your Job has agreed to provide and which are available on the Site for use by Candidates;

  • Site

    the website at yourjob.ajl.co.uk

• 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 these Terms and Conditions

• 2.1 These Conditions to the exclusion of all previous terms and conditions shall apply to any Candidate who uses the Services after the date on which these Conditions were posted on the Site.
• 2.2 These Conditions are deemed to be fully read, understood and accepted by the Candidate upon acceptance of these Conditions during Registration, or in the case of a Candidate who has not completed Registration, when an Application is made.

3. Services Generally

• 3.1 Aberdeen Journals Limited 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. Aberdeen Journals Limited 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 or of any Advertisement or job vacancy found directly or indirectly through the Site.
• 3.2 Aberdeen Journals Limited shall be entitled at any time without notifying the Candidate to make changes to the Services which are necessary to comply with any applicable legislation 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 Aberdeen Journals Limited or obtained during the execution of the Services will be owned exclusively by Aberdeen Journals Limited.
• 3.4 Aberdeen Journals Limited 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 Aberdeen Journals Limited 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 Aberdeen Journals Limited, in such a format as Aberdeen Journals Limited may request, any information necessary to enable Aberdeen Journals Limited to provide those Services.
• 3.7 Aberdeen Journals Limited shall not be obliged to provide those Services until the Candidate has supplied it with the information, necessary to provide those Services.
• 3.8 The Candidate accepts that Aberdeen Journals Limited cannot be held responsible for the content of Advertisements on the Site and that no obligations are imposed on Aberdeen Journals Limited in this regard.

4. Jobs By Email

If the Candidate has signed up to receive Jobs-By-Email, the provisions of this clause 4 shall apply thereto.

• 4.1 Jobs-By-Email are sent once a day on any day of the week and each Jobs-By-Email will contain a limited listing of live vacancy Advertisements posted or renewed since the last Jobs-By-Email sent to the Candidate and matching the Candidate's search criteria.
• 4.2 The Candidate accepts that Aberdeen Journals Limited cannot guarantee the number of vacancy Advertisements distributed in the Jobs-by-Email and that no obligations are imposed on Aberdeen Journals Limited in this regard.

5. CV's

If the Candidate has saved their details and stored a CV with Your Job, the provisions of this clause 5 shall apply thereto.

• 5.1 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 Aberdeen Journals Limited will only make available or supply copies of the CVs which have been received by Your Job for distribution to Clients of Aberdeen Journals Limited solely for the purpose of securing suitable employment for the Candidate.
• 5.2 Aberdeen Journals Limited cannot guarantee the minimum number of times a CV will be viewed by or distributed to Clients on any given day.
• 5.3 Aberdeen Journals Limited 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 Your Job, and in the event of so doing does not require to give any reason therefor.
• 5.4 Aberdeen Journals Limited 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 Aberdeen Journals Limited 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.

• 5.5 The Candidate hereby undertakes that:

  • 5.5.1 the details and CV they store and save on Your Job are a true and accurate reflection of their education, employment, training history and that their personal details are correct, and any amendment to any of the foregoing requiring to be made will be promptly intimated by the Candidate;
  • 5.5.2 that if any of the information stored and saved on Your Job for the purposes of securing employment is found to be false or inaccurate in any way, that Aberdeen Journals Limited reserves the right to remove those details and/or suspend the use of the Services on the Site for the Candidate;
  • 5.5.3 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;

6. Applications and Application 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 6 shall apply thereto:

• 6.1 The Candidate hereby agrees and undertakes that:

  • 6.1.1 they have fully read and understood the requirements of a vacancy Advertisement on the Site to which they make an Application;
  • 6.1.2 they have the appropriate skills and qualifications required by the Client and the necessary qualifications required by law;
  • 6.1.3 they satisfy or will attend to the necessary immigration requirements of the country in which the position will be situated;
  • 6.1.4 the details they provide to the Client as part of an Application or in an Application Form will be and remain a true and accurate reflection of their education, employment, training history and that their personal details are correct;
  • 6.1.5 that if any of the information used in an Application or Application Form is found to be false or inaccurate in any way, that Aberdeen Journals Limited will be entitled to remove those details and/or suspend the use of the Services on the Site for the Candidate;
  • 6.1.6 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.
• 6.2 Aberdeen Journals Limited has the right at its sole discretion, and without requiring to give any reason therefor, to decline to distribute or forward, or to suspend or remove any Application accepted by Your Job.
• 6.3 Aberdeen Journals Limited 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 Aberdeen Journals Limited 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.
• 6.4 When a Candidate makes an Application through the Site, Aberdeen Journals Limited will pass the Candidate's details to the Client who placed the Advertisement for the purpose of that one Application only.

7. Candidates Obligations

• 7.1 The Candidate agrees that:

  • 7.1.1 he/she has read, understood and agrees to the Privacy Statement on the Site;
  • 7.1.2 he/she will keep confidential and not disclose to any person the password used by them in relation to the Services;
  • 7.1.3 he/she will be responsible for any misuse of all such passwords.

8. Liability

• 8.1 Aberdeen Journals Limited will not be liable (whether in contract, delict or otherwise) for:

  • 8.1.1 any loss of copy, artwork, photographs, data, CVs or other materials that the Candidate supplies to Your Job 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 Aberdeen Journals Limited, its employees or agents or otherwise);
  • 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 Aberdeen Journals Limited or as a result of the acts or omissions of the Candidate;
  • 8.1.5 any loss or damage whatsoever, and 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 or job 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 Your Job by the Candidate, and the Candidate shall fully and effectually indemnify Aberdeen Journals Limited against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by Aberdeen Journals Limited as a result.
• 8.2 Nothing in these Conditions will restrict or exclude Aberdeen Journals Limited'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 Aberdeen Journals Limited 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 Aberdeen Journals Limited or Your Job or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services. Any implied benefit of such a condition, warranty or representation by Aberdeen Journals Limited is hereby irrevocably and unconditionally waived by the Candidate.

9. Termination

• Either party may, at its sole discretion, terminate the provision of the Services to the Candidate at any time by notice in writing.

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 Aberdeen Journals Limited at help@yourjob.ajl.co.uk (or such other address as may be supplied by Aberdeen Journals Limited) or if to the Candidate, to the address provided in the Candidate's details submitted during Registration or as subsequently amended.
• 10.2 The Candidate is responsible for notifying Aberdeen Journals Limited of any changes to its email address.

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 These Conditions shall be governed by and construed in accordance with Scots law and the parties submit to the exclusive jurisdiction of the Scottish courts.

THIS SCHEDULE REPLACES ALL PREVIOUS SCHEDULES TO THESE TERMS AND CONDITIONS