Terms and conditions of service
1: Terms and Conditions
1.1 - DEFINITIONS
In these Terms and Conditions:
- “Candidate” means an individual who is registered to use the website for the purpose of seeking employment from employers directly (“Employers”) or through recruitment companies or agencies (“Recruiters”).
- “Subscriber” means an individual who has registered to use the website and is therefore receiving one or more of the additional services listed in paragraph 2.3.
1.2 - ACCEPTANCE OF TERMS AND CONDITIONS
- By using the website from any device, you are subject to the Terms and Conditions as laid out here and any applicable laws. Use of our site includes accessing, browsing or registering to use our site. By using our site, you confirm that you accept these Terms and Conditions and that you agree to comply with them and not to facilitate the infringement of them. If you do not agree to these Terms and Conditions, please refrain from using the site.
- You should print a copy of these Terms and Conditions, or save them to your computer, for future reference .
1.3 - CHANGES TO TERMS AND CONDITIONS
- We reserve the right to change these Terms and Conditions with or without your notice at our own discretion. The version of the Terms and Conditions that are applicable to your use of the site will be displayed on the site and any changes will be effective at the point at which they are visible on the site. Any use of the site after a change has occurred is subject to the new Terms and Conditions. Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
You can find relevant information regarding your registration by checking the website. See https://my.nextmoveup.com/my_details.php
2 - REGISTERING WITH NEXT MOVE UP
2.1 - REGISTRATION CRITERIA
To register with us you must:
- Be at least 18 years old;
- Agree to provide us with certain pieces of personal information (including: name, contact details etc) This information must be maintained by you so as to be up to date at all times. If your personal details change at any point, you must ensure that this is updated on the website as soon as possible.
2.2 - REFUSAL OF APPLICATION OR PURCHASE
- We retain the right to refuse any application to the site for any reason. In addition, by providing us with your telephone information, unless otherwise stated, we have the right to contact you regarding your account or special offers or promotions that we may want to offer you. You have the right to opt out of marketing at any point.
- Any additional terms, conditions, rules or similar statements on the website or any device relating to our services are deemed to be a part of these Terms and Conditions.
2.3 - NEXT MOVE UP’S SERVICES
Our services for Subscribers include:
- To display the Candidates visual cv and associated cv to NextMoveup Employers /Recruiters searching for potential employees
- To enable NextMoveup clients to review Candidates and make contact via NextMoveUp’s private email service
- To provide a record of those Employers/Recruiters searching for staff, where a particular candidate has been identified as part of the search
- To provide feedback to the candidate on the outcome of the search
The specific services available to Subscribers are set out on the site. my.nextmoveup.com/services
System Maintenance - we need to ensure that we can undertake system upgrade/software change activities. This may involve taking the system offline for an unspecified period. During this time the system would not be available to users.
3 - SERVICE INFORMATION
- Next Move Up provides its service via the internet.
4 - CANCELLATION
4.1 - CANCELLATION PERIOD
- You may cancel your registration at any point.
4.2 - TERMINATION BY US
We reserve the right to terminate or restrict the use of our service for any reason whatsoever. We have no obligation to give notice if we wish to terminate a service. In addition, if you breach our Terms and Conditions or Acceptable Use Policy, we have the right to terminate your subscription and membership and further remove you from our site completely.
4.3 - METHOD OF CANCELLATION
5 - MATERIAL ON THE WEBSITE
5.1 - COPYRIGHT
- All materials contained on this website are owned by us or our third party affiliates and licensors unless otherwise stated on the site. We are the owner or the licensee of all intellectual property rights in our site. You agree that the materials that constitute the site are valuable property and thus you will not attempt to gain ownership of any such material. These materials may only be used according to these Terms and Conditions and any other terms and conditions stated unless prior permission is gained.
- You acknowledge that where any materials are owned by our licensors or affiliates they may have the right to enforce the relevant provisions of these Terms and Conditions.
- You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
- You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
- If you print off, copy or download any part of our site in breach of these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5.2 - USER MATERIAL
- The phrase ‘User Material’ refers specifically to media information such as images, videos, music clips, CV , employment history, education and the like that you wish to upload to the site and make visible to potential Employers / Recruiters on the site.
- You warrant that any contribution of User Material does comply with the Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty.
- You agree that any User Material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such User Material for any suitable purpose on our site [connected with the recruitment of staff by Employers and Recruiters or the running of our site].
- We also have the right to disclose your identity to any third party who is claiming that any User Material posted or uploaded by you to our site constitutes an infringement of their intellectual property rights, their right to privacy, or any other legal right as required by law.
- Any User Material that is uploaded is uploaded at your own risk and if you do not wish to agree to these User Material terms, then you should not upload anything to the site. You will take full responsibility for any User Material that is uploaded. We are not responsible for any User Material uploaded and we do not take responsibility or endorse any opinions or beliefs contained in User Material. We disclaim all liability in connection with User Material to the extent that is acceptable by law.
- We reserve the right to remove any material that does not comply with the Acceptable Use Policy or is in any way unlawful or grossly offensive, to be interpreted at our sole discretion. The removal can occur without prior notice. By submitting User Material you are accepting that:
- You own or have the rights to use the material you have uploaded.
- You are not infringing any third-party rights, copyrights, trademarks or other intellectual property rights
- The material is in no way illegal, offensive, obscene or in any way inappropriate.
- You are not advertising products or services without the permission of Next Move Up.
- You do not identify individuals specifically without their prior permission.
The views expressed by other users on our site do not represent our views or values.
6 - LINKS TO OUR SITE
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our site in any website that is not owned by you.
- Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
- We reserve the right to withdraw linking permission without notice.
7- LINKS TO OTHER SITES
- We may provide links to other sites but you access these at your sole discretion and we do not review or endorse these sites. We take no responsibility for sites or their content or policies/terms and conditions. We are not responsible for any loss or damages that result from the use of these links.
8- GENERAL TERMS AND CONDITIONS
8.1 - PRIVACY
8.2 - PROMOTIONS
- You may only simultaneously use one promotion/discount code at a time and not in conjunction with any other offers.
8.3 - INDEMNITY
- You agree to hold Next Move Up Limited. and all of its affiliates, directors, officers, employees, partners and contractors harmless from and indemnify against any loss, liability, claim, damages, costs, expenses (whether legal or not) arising from any breach of these Terms and Conditions and /or Acceptable Use Policy.
8.4 - LIABILITIES & WARRANTIES DISCLAIMER
Next Move Up Limited may not be excluded from any of the following liabilities as a result of these Terms and Conditions.
- Death or personal injury as a result of negligence on the part of Next Move Up Limited.
- Liability which it would be unlawful for Next Move Up Limited to exclude or limit, or to attempt or purport to exclude or limit.
We assume no responsibility for omissions in the website and services as they are represented on a ‘as is’ and ‘when available’ basis. Next Move Up Limited makes no warranties in relation to the website or information and materials on this website. We make no warranties that:
- This website will be constantly available for use or available at all.
- The information in this website is complete or accurate
Information contained on the site, is provided by us in good faith, but we make no representations or warranties of any kind, express or implied, as to the operation of the site, the information, the content, materials or products included on this website. Except to the extent as provided by applicable law, Next Move Up Limited disclaims all responsibility as to the information, content, materials or products arising from the use of this site, whether direct, indirect, consequential or otherwise.
You agree that in no event shall Next Move Up Limited’s shareholders, directors, officers or employees be liable to you or any third party for any damages whatsoever resulting from loss of use, data or profits regardless of advice of potential loss.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment , computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
8.5 - APPLICABLE LAW
- Your use of our services is governed by these Terms and Conditions and the Acceptable Use Policy and are to be construed in accordance with the laws of England and Wales. Disputes associated with your use of the website or the purchase of services from us is subject to the non-exclusive jurisdiction of the English courts.
8.6 - DELAYED ENFORCEMENT
- The delay or lack of enforcement of these Terms and Conditions do not act as a waiver of our rights under these Terms and Conditions and the Acceptable Use Policy.
8.7 - FORCE MAJEURE
- We will not be liable for any failures or unavailability of the site or our services or for any delays or failures to comply with these Terms and Conditions, where such conditions arise as a result of causes beyond our reasonable control.
8.8 - UNENFORCEABLE PROVISIONS
- If any of these Terms and Conditions are found to be unenforceable under English law, the remaining provisions will remain unaffected.
9 - THE FULL AGREEMENT
10 - CONTACT DETAILS
- All correspondence or queries associated with these Terms and Conditions should be directed to our email address at: firstname.lastname@example.org
- For the purpose of the Data Protection Act 1998, the data controller is Next Move Up Limited. For details see: Contact Us
11.1 - COLLECTING INFORMATION
If you are a Subscriber, you will need to provide us with certain information in order to gain access to the features of the website. Below is a list of the information we collect during registration. This information will vary depending on the user type of level of service you opt for. Here is a list of information we may collect during registration.
- First name
- Last name
- Preferred employer location (City/town) address
- Your current city/town of residence
- Preferred employer organisations
- Excluded Employer organisations
- Date availability information
- Email address
- Mobile number
- User material uploaded
- Other information for your user profile
- Facebook profile details for login
- [IP address]
- [Browser type and version]
- [Operating System and Platform]
1 1.2 - USES OF THE INFORMATION
- To monitor account/ status
- To communicate with you regarding your account
- To email you offers, news and notifications
- To improve our services
- To notify you about changes to our service
- To ensure that content from our site is presented in the most effective manner for you and your computer
- To liaise with potential employers/ recruitment agencies
- To provide feedback on client interest in your visual cv and associated cv
11.3 - COOKIES
11.4 - STORAGE
- All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted [using SSL technology]. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
11.5 - INFORMATION SHARING & SECURITY
We will not share your information with any third parties except:
- Where we are required by law, court order or any governmental or regulatory authority to disclose information
- When disclosure is vital to the maintenance of our operations
- During a sale or transfer of assets
- In accordance with the provisions of the Data Protection Act 1998
- With potential Employers/ Recruiters
We accept no responsibility for websites that are linked through the site and we advise that you consider their individual Terms and Conditions before using them.
Our site may also, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
We are continually working to improve the security of our site and services and will aim to update accordingly with technological developments. However, on the basis that by nature the internet is not 100% safe, we cannot guarantee the security of the information you transmit to use and therefore you do so at your own risk.
Your account security is heavily dependent on the efficacy of your password protection and therefore it is your responsibility to maintain the confidentiality of your password and to change it on a regular basis. In addition you must notify us immediately if there is a breach of security.
11.6 - YOUR RIGHTS
- You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at email@example.com.
11.7 - ACCESS TO INFORMATION
- The Data Protections Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
11.8 - EDITING YOUR ACCOUNT
- All information on your account is password protected and therefore you are the only individual who can access it. If you decide to cancel your account it will be deactivated immediately. However, we are required to retain information for tax and accounting purposes or as may be required by applicable laws.
11.10 - CONTACT
- All correspondence or queries associated with these Terms and Conditions should be directed by post to our address. For details see: Contact Us or by email to firstname.lastname@example.org
Published and valid from 10th January 2015