Terms and conditions of use
Welcome to our website
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you or your company register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
- Copyright notice
2.1 Copyright (c) 2016 Ergeno Limited.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control or are otherwise entitled to use all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved;
- Licence to use website
3.1 You may view pages from our website in a web browser subject to the other provisions of these terms and conditions.
3.2 You must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own business purposes, expressly for progression of the services we offer and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
- Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means; or
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(g) use our website in any way that is not genuinely for the sole use of utilizing our services.
4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
- Enforcement of copyright
5.1 We take the protection of our copyright very seriously.
5.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
6.1 You may request permission to use the copyright materials on our website by writing to us by email, using the contact details published on the website.
- Registration and accounts
7.1 To be eligible for an Ergeno Office Account (referred hereinafter as ‘account’) on our website under this Section 5, you must be qualified and authorised to represent your organisation.
7.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that will be sent to you.
7.3 You must not allow any other person or organisation to use your account to access the website.
7.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
7.5 You must not use any other person’s or organisation’s account to access the website.
- User login details
8.1 If you register for an account with our website, you will be asked to choose a user ID and password.
8.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 11; you must not use your account or user ID for or in connection with the impersonation of any person.
8.3 You must keep your password confidential.
8.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
8.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Cancellation and suspension of account
9.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
9.2 You may cancel your account on our website using your account control panel on the website.
- Your content: licence
10.1 In these terms and conditions, “your content” means all works and materials (including without limitation any curriculum vitae or similar documents for professional candidates (in full or in part), professional staff rates or fees, text, graphics, images, audio material, video material, audio-visual material, files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website or via our email.
10.2 You grant to us a worldwide licence to use reproduce, store, adapt, translate and, with your specific consent, publish your content (in full or in part) on and in relation to this website.
10.3 You grant to us the right to sub-license the rights licensed under Section 10.2.
10.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 10.2.
10.5 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
- Your content: rules
11.1 You warrant and represent that your content will comply with these terms and conditions.
11.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
11.3 You warrant and confirm that in the case of submitting candidates for secondment on our website, that their employment agreement with your organisation allows for secondments and related transfers to another organisation.
- Limited warranties
12.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
12.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
12.3 To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- Limitations and exclusions of liability
13.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
13.2 The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:
(a) are subject to Section 13.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
13.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
13.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
13.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
13.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
13.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- Breaches of these terms and conditions
14.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) commence legal action against you, whether for breach of contract or otherwise; and/or
(e) suspend or delete your account on our website.
14.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
15.1 We may revise these terms and conditions from time to time.
15.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
15.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
16.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
16.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
19.1 Subject to Section 13.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
19.2 Should you request a service from our website, an additional set of terms and conditions relating to the specific scope and requirements of the service agreement will be sent to you for review and confirmation. These specific service agreement terms and conditions (combined with these terms and conditions and our privacy and cookies policy listed in Section 19.1) will constitute the entire agreement between you and us in relation to the specific service(s) requested by you and agreed by us and any third party.