(Client Terms and Conditions Version 2 – July 2009)
General Terms & Conditions
Terms of use
This web site is owned and operated by Apply4U Ltd and is made available to you
on the following terms and conditions. By using the site and the services available
on it you are deemed to accept these terms and conditions and any additional terms
and conditions which expressly apply to services and information provided by third
parties.
These Conditions and any contract, into which these Conditions are incorporated,
shall be governed by and construed in accordance with English law and the parties
submit to the non exclusive jurisdiction of the English courts:
Data protection
Our use of CVs and other personal information supplied by users of this site is
governed by our privacy policy.
You can view our privacy policy by clicking the link at the bottom of the website.
Use of the site
The information and services available on the site are provided for the sole purpose
of individuals looking for employment opportunities and career information and for
employers seeking to recruit staff. You may use, print and download information
from the site for these purposes only and for no other personal or commercial purpose.
You may not otherwise copy, display, transmit or distribute any material from the
site.
The Client agrees to provide Apply4U, in such a format as Apply4U may request, any
information, design work, artwork and logos necessary to enable Apply4U to provide
those Services
Apply4U shall make such modifications to any Advertisement as are reasonably requested
by the Client provided that Apply4U reserves the right to charge at the rate of
50 Pounds Sterling per hour for the time involved in connection with such modifications.
Apply4U reserves the absolute right, without giving any reasons, to decline, cancel
or remove any Advertisement or provision of Services for any reason and at any time
without prior notice. An Advertisement or Service which indicates, or can reasonably
be understood as indicating, an intention to discriminate on grounds of sex, race
or age will not be accepted unless it is exempted from the requirements of the Sex
Discrimination Act or the Race Relations Act or the Age Discrimination Act. A statement
must be made at the time the Advertisement is placed or Service used saying which
of the exemptions in the Act(s) is considered to apply.
Apply4U will use its reasonable endeavors to publish the Advertisement/Vacancy/Vacancies
or provide the Services on the agreed date. Apply4U does not accept liability for
any consequences, howsoever arising, due to error or delay in provision of the Services
and has the right at its sole discretion to decline to publish or omit, suspend
or change the position of any Advertisement accepted by it.
Apply4U may at its discretion and without prior notice, report any Advertisement
or Service used which is being used for an improper or illegal purpose by a Client
to the relevant authorities including, without limitation, the Department of Employment,
the Office of the Information Commissioner and the Recruitment and Employment Confederation.
Apply4U may also disclose information about any Client to any third party, as Apply4U
shall deem necessary to protect its interests or the interests of Clients, Recruiters,
Candidates, Applicants and/or other users of the Site.
All copyright, database rights and other intellectual property rights in the site
and the material available on the site belong to Apply4U Ltd or its third party
suppliers. Use of the site does not give you any proprietary rights in such materials.
The Client is responsible for notifying Apply4U of any changes to its email address
& contact information. Such notification shall request an acknowledgement of receipt
and shall be confirmed in writing and sent to Apply4U by email or to address on
site.
Failure or delay by Apply4U in enforcing or partially enforcing any provision of
these Conditions will not be construed as a waiver of any of its rights under these
Conditions. The parties to these Conditions do not intend that any clause of these
Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties)
Act 1999 by any person that is not a party to it.
Insofar as the Client is a consumer (as that term is defined in the Consumer Protection
(Distance Selling) Regulations 2000, the Client agrees that the provision of Services
under these Terms may, by agreement between the Client and Apply4U, take place before
the end of any applicable cancellation period, in which case the right to cancel
such provision of Services shall not apply.
Client Obligations
Client hereby abides by these Terms and Conditions.
Client agrees that they have read, understood and agree with Apply4U Privacy statement
on this site. That password’s are kept confidential and not disclosed to any person.
Any misuse of passwords will hereby be your responsibility. These Conditions are
deemed accepted by the Client when the Services of Apply4U have been accessed by
the Client or ordered and upon signature of the Service Agreement by the Client.
1. Definitions
1.1. These Conditions are deemed accepted by the Client when the Services of Apply4U
have been accessed by the Client or ordered and upon signature of the Service Agreement
by the Client. In these Conditions the following words and phrases shall have the
following meanings unless the context requires otherwise:-
Account Type
a Client will use Apply4U Services & Site on the basis of Profile Only, Pay on placement
or Subscription account type. Restriction will be applied to Profile Only & pay
on placement Account Types.
Advertisement
any recruitment Advertisement including Job Advertisements, Company Profile, Recruiter
Profile, Display Advertisements, Logo Buttons and Homepage Banners, Client advertising
together with any other form of Advertisement as shall appear on the Apply4U Site
from time to time; any Advertisement issued by Apply4U on behalf of the Client;
Advertising Agency
a Client who in relation to the Services is receiving them on behalf of an End Client,
Third Party Client or is directly or indirectly providing the Services on to an
End Client or Third Party Client.
Applicant
a Candidate who applies for a vacancy advertised on the Site or is introduced by
Apply4U to the Client (for interview for an appointment with the Client); Recruiters
are responsible for updating the status of applications. Status updates are automatically
sent to the candidate/s.
Application
an Application made by a Candidate to a vacancy advertised on the Site;
Appointment
any temporary or permanent employment or work for the Client, such Appointment being
made either directly with the Applicant or via a third party;
Apply4U
Apply4U Limited (company number 06249243);
Associated Employer
Shall have the same meaning as for the purposes of the Employment Rights Act 1996.
A – Z Directory
pages on the Site featuring a complete list of buttons logos of Clients of Apply4U
with a link to their company profile
Candidate
a person who uses the Site for the purpose of finding employment;
Candidate Profile
Candidates profile viewable online with candidate’s permission;
Candidate Search Services
a Profile & CV Search Service which enables the Client to search for and view profiles
& CVs online using various search criteria;
Client
any person using and purchasing the Services, where a person includes but is not
limited to, Direct Employers, Recruitment Agencies, Recruitment Process Outsourcing
Agencies and Advertising Agencies. In the circumstance of any Recruitment, Recruitment
Process Outsourcing or Advertising Agency acting on behalf of one of their own End
Clients, Apply4U will charge the Agency and not the Agency's End Client; the person(s)
who have accessed the services of Apply4U.co.uk or who have signed a Service Agreement
for use of the Apply4U Site and Services;
Conditions
these Standard Terms and Conditions;
Contract
the contract for the supply of any Services by Apply4U to the Client comprising
these Conditions and a Service Agreement;
Company Profile
a personalised page of the Site where a recruiter can attach company logo & details
(profiling company) in order to attract potential candidates
CV
the curriculum vitae or brief outline details of a Candidate's education, training,
skills and employment experience which is provided to Apply4U by a Candidate for
distribution to Clients with a view to securing employment;
Direct Employer
a Client who in relation to the Services is receiving them for the purpose of their
own recruitment needs and not on behalf of any other 3rd party End Client; A Direct
Employer can not be a Recruitment Agency;
End Client
the person to whom the Client's services are provided;
Head Hunt
the unique function of showing interest in a potential candidate for a specific
role a client is recruiting for.
Hide Info
the unique function to keep personal details hidden – You can hide your name, contact
info etc.
Introduction
can be a Client selecting to Head hunt or Send Message to a Candidate using the
site, the Client interviewing the Applicant either by telephone or in person; or
Apply4U supplying any information which identifies the Applicant and which leads
to the Appointment of that Applicant by the Client.
Job Advert
Clients advertise job vacancy for potential candidates to view and apply for. Job
adverts can be direct from employer or third party (e.g. agency) as long as it’s
permissible and within agreement.
Messages (Send Message)
Clients receive & Send messages via apply4u.co.uk to candidates for potential employment
My Apply4U
a personalised page of the Site where a Recruiter may access his / her personal
details, profile, Job adverts, Messages, matched jobs list, Applicants list and
a range of other services;
Recruiter
any person working on behalf of the Advertising Agency, Direct Employer or Recruitment
Agency Client and who is authorized by the client to use the Services.
Registration
the process a Client completes in order to store and save their details on Apply4U,
for the purposes of recruitment;
Recruitment Agency
an Employment Agency or Employment Business as defined by the Employment Agencies
Act 1973 (and all regulations made there under);
Recruitment Process Outsourcing Agency
a Recruitment Agency who also carry out the selection and placement process on behalf
of the End Client;
Pay on placement
the fees and charges payable by the Client to Apply4U if they have selected Account
Type: Pay on placement. No fees are charged except where an Applicant Introduced
by us is engaged, and/or the Client has made an Appointment of a Candidate.
Profile Only
Service Apply4U offer to a Client who has selected Account Type: Profile Only, Services
will be restricted to Advertising on A – Z directory & advertising of their Company
Profile.
Services
the Services which Apply4U has agreed to provide to the Client and the Services
which are available on the Site for use by Candidates;
Service Agreement
the service agreement entered into between the Candidate, Client and Apply4U;
Site
the Site at www.Apply4U.co.uk or any other website operated and maintained by Apply4U
Ltd;
Subscription
Service Apply4U offer to a Client who has selected Account Type: Subscription, Service
will NOT be restricted and NO other fees, Pay on placement or placements fee will
be charged, unless they are upgrading from Pay on placement to Subscription.
2. Application of the Terms & Conditions
2.1. These Terms & Conditions issued by Apply4U shall apply to any Client who uses
Apply4U after the date on which these Terms & Conditions were posted on the Site.
2.2. These Conditions are deemed to be fully read, understood and accepted by the
Client upon acceptance of these Conditions during Registration.
2.3. No variation or alteration to these Conditions or any representations about
the Services shall have any effect unless expressly agreed and confirmed in writing
by a director of Apply4U.
3. Candidate, profiles, CV’s, Services and Job Advertisements
Upon Client Registration, the provisions of this clause 3 shall apply thereto.
3.1. 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. In the event that
Apply4U has reason to believe or suspect that its CV Services are being abused by
the Client, including but without limitation to the breach of this Clause 3, Apply4U
reserves the right to immediately suspend or terminate the Contract.
3.2 Copies of the CVs which have been received by it for distribution to Clients
of Apply4U solely for the purpose of securing suitable employment for the Candidate.
CV’s contained on the site are provided by candidates and agree to be viewed by
prospective employers and their agents and Apply4U consultants.
3.3 We accept no responsibility or liability for the contents of CVs or advertisements
and expect candidates and prospective employers to carry out such verification procedures
as are customary and prudent in the circumstances.
3.4 The Candidate Search Service will (under normal circumstances) be available
to the Client at all times and will allow the Client access to candidate profiles,
information and CVs on the Site. Apply4U cannot guarantee the minimum number of
times a CV will be viewed by or distributed by Clients on any given day.
3.5 Apply4U may, at its discretion and without notice, report improper or illegal
use of Candidate Search Service or any Services by the Client. Apply4U has the right
at its sole discretion to decline to distribute or forward, to suspend or remove
Client information.
3.6 Apply4U may, at its discretion and without notice, report improper or illegal
use of Candidate Search Service or the Services by the Client. (i.e. is illegal,
immoral, obscene or offensive or so as to comply with the legal or moral obligations
placed upon Apply4U or to avoid infringing a third party’s rights or any statutory
or regulatory requirement or is designed to or is likely to cause disruption to
any computer system or network.)
3.7 Any 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
can not used for any other reason apart from filling a job vacancy.
3.8 Apply4U cannot guarantee the minimum number of new Candidates or CVs available
on any Candidate Search Service on any given day. In relation to the Candidate Search
Services the Client shall ensure that no automatic extraction software (to include
software tools commonly known as robots and spiders) or any other means, are engaged
or deployed, either on a temporary or a permanent basis, or unless specifically
requested by the Client and approved in writing by a director of Apply4U, to facilitate
the downloading or capturing of volume quantities of CVs from the Apply4U database
irrespective as to Candidate Search Service has been purchased from Apply4U.
4. Account Types
4(a) Profile Only
If the Client selects Account Type Profile Only the provisions of this clause 4(a)
shall apply thereto:
4(a).1 No fees or cost will be charged with this Account type. This service is offer
FREE of charge
4(a).2 Apply4U may refuse, withdraw, or require to be amended, any information which
is illegal, immoral, obscene or offensive or is likely to cause disruption to any
computer system or network. They must comply with the legal and moral obligations
placed upon Apply4U.
4(b) Pay on placement
If the Client selects Account Type Pay on placement the provisions of this clause
4(b) shall apply thereto:
4(b).1 No fees are charged except where an Applicant introduced by Apply4U is engaged
or hired (Appointment). A Pay on placement is calculated according to the Applicants
first year’s salary. Starting salary is considered to include any taxable and/or
guaranteed bonuses. An expensed cat will be assessed as remuneration at the rate
of £3,800 per annum.
|
Applicants Starting Salary
|
Apply4U Pay on placement (exc. VAT)
|
|
£0 - £21,999 |
12.5%
|
|
£22,000 - £24,999 |
15% |
|
£25,000 - £29,999 |
17.5% |
|
£30,000 + |
20% |
Apply4U reserve the right to vary its scale of fees from time to time but will ensure
that it gives the Client reasonable notice of any variation.
4(b).2 The Client hereby agrees that if they ‘Send Message’ or ‘Head Hunt’ a Candidate
on Apply4U.co.uk, the Introduction has been made through Apply4U Ltd. And the client
agrees to pay the associated fee with the Appointment of that Candidate.
4(b).3 The Client is aware that Messages are tracked, viewed & reported by Apply4U
Ltd. The client is not allowed to disclose any contact information via the “Send
Message’ function.
4(b).4 Apply4U may refuse, withdraw, or require to be amended, any Message which
is illegal, immoral, obscene or offensive or is likely to cause disruption to any
computer system or network. They must comply with the legal and moral obligations
placed upon Apply4U Ltd.
4(b).5 When an offer of an Appointment is made either by the Client or any of its
Associated Employers the Client shall notify Apply4U of such offer within 7 days
of it being made. If an Applicant is taken on by the Client without the prior knowledge
and consent of Apply4U the appropriate fee will be due immediately.
4(b).6 Within 7 days of the acceptance of an offer of an Appointment by the Applicant
the Client shall notify Apply4U of such acceptance and the yearly pay on Appointment
to be paid to the Applicant.
4(b).7 All Introductions are confidential. If any Applicant is passed to any third
party by the Client resulting in engagement of employment, then the Client is liable
to pay our fees.
4(b).8 All Clients that upgrade from Pay on placement to Subscription Service will
still pay the Pay on placement for the Appointment of a Candidate which was added
to the website before their Subscription start date, for these Clients no Pay on
placement will be payable for the Appointment of Candidate which were added after
their Subscription start date.
4(b).9 Refunds; If the Applicant’s Appointment is lawfully terminated without breaking
these Terms and Conditions by either the Client or the Applicant within 4 weeks
of its commencement, and provided the Client notifies Apply4U in writing within
7 days of such termination and the account has been settled in full in accordance
with these terms the client shall be entitled to a free replacement candidate or
free advertising on Apply4U.co.uk.
4(c) Subscription
If the Client selects Account Type Subscription the provisions of this clause 4(c)
shall apply thereto:
4(c).1 The Client hereby agrees to the Terms & Conditions outlined in this document
and that of the signed Service Agreement between Apply4U and the Client.
4(c).2 The Client hereby agrees that they will abide by Apply4U fair use policy
and will comply with the legal and moral obligations placed upon Apply4U Ltd.
4(c).3 The Client is aware that Messages are tracked, viewed & reported by Apply4U.
4(c).4 Apply4U may refuse, withdraw, or require to be amended, any information which
is illegal, immoral, obscene or offensive or is likely to cause disruption to any
computer system or network. They must comply with the legal and moral obligations
placed upon Apply4U.
5. Messaging
If the Client sends a Message to a Candidate the provisions of this clause 5 shall
apply thereto:
5.1 The Client hereby agrees that if they ‘Send Message’ to a Candidate on Apply4U.co.uk,
the Introduction have been made through Apply4U.co.uk. All Pay on placement Clients
will pay the associated fee for the Appointment of that Candidate and will charged
accordingly.
5.2 The Client is aware that Messages are tracked, viewed & reported by Apply4U.
5.3 Apply4U may refuse, withdraw, or require to be amended, any Message which is
illegal, immoral, obscene or offensive or is likely to cause disruption to any computer
system or network. They must comply with the legal and moral obligations placed
upon Apply4U.
6. Head Hunt
If the Client Head Hunts a Candidate the provisions of this clause 6 shall apply
thereto:
6.1 The Client hereby agrees that if they Head Hunt a Candidate the Introduction
was made through Apply4U.co.uk. All Pay on placement Clients will pay the associated
fee for the Appointment of that Candidate and will be charged accordingly.
6.2 The Client is aware that all Head Hunt activity is tracked & reported by Apply4U.
7. Applicants
If the Client receives an Application the provisions of this clause 7 shall apply
thereto:
7.1 The Client is responsible for any response which is sent to the Candidate after
an Application is made.
7.2 It is the Clients responsibility to update the status of an Applicant using
the site.
7.3. Apply4U may refuse, withdraw, or require to be amended, any Application which
is illegal, immoral, obscene or offensive or is likely to cause disruption to any
computer system or network.
7.4 Client and agents will use Apply4U site solely for recruiting a job vacancy
within their company or Third Party Company and no other reason.
7.5 Apply4U cannot be responsible for the content of Job Advertisements on the site
that no obligations are imposed on Apply4U in this regard. Any discrimination or
immoral adverts uploaded will be reported and fees will not be refundable.
8. Fair use policy
8.1 Apply4U will use its reasonable endeavors to allow Client to utilise the site
to its full potential, however any Clients found to be abusing the site, including
but not limited to the use of robots, spiders, or any hardware / software to download
CV’s without permission will be removed and fees will not be refundable.
9. Obligations of Apply4U
9.1 Apply4U will use its reasonable endeavors to enable Applicants/Candidates the
facility of viewing the Clients' Advertisements on the Site and to provide the Services
to the Client. However, the Client accepts that Apply4U cannot guarantee the number
of occasions on which any individual Advertisement appears on the Site and that
no obligations are imposed on Apply4U in this regard.
9.2 Client is aware that there is a ‘Hide Info’ feature which allows them to hide
confidential information (e.g. name, telephone number, email address, etc).
10. Obligations of the Client
10.1. The Client hereby undertakes and warrants to Apply4U:
10.1.1. to use all reasonable precautions against access of the Site (or any website
that is, or may become linked to any website) by any unauthorised persons, including
but not limited to, the use of passwords and the securing of information relating
to communications between the Client's hardware and the rest of the Site;
10.1.2. to comply with the provisions of the Data Protection Act 1998 or relevant
legislation with regard to any Applicant information received by it and in particular
to keep such information confidential.
10.1.3. in relation to any Advertisement the Client is a principal notwithstanding
that the Client may be acting directly or indirectly for a third party;
10.1.4. the reproduction and/or publication of the Advertisement by Apply4U as originally
submitted or as amended will not breach any agreement or infringe or violate any
right of any person or render Apply4U liable to any proceedings whatsoever and the
Client indemnifies Apply4U against all costs, claims, damages, loss, expenses and
liabilities suffered or incurred by Apply4U as a result of this undertaking and
warranty being incorrect;
10.1.5. any information supplied by the Client in connection with the provision
of the Services is accurate, complete and true;
10.1.6. in respect of any Advertisement 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 Client has
obtained the authority of such living person to make use of such name, representation
and/or copy;
10.1.7. each Advertisement is legal, decent, honest and truthful and complies with
all applicable laws, rules, regulations and codes relating to advertising as may
be appropriate;
10.1.8. no Advertisement contains any data, image or other material which;
(a) is offensive, obscene or indecent, or capable of being resolved into obscene
or indecent images or material;
(b) is defamatory, threatening or racially, ethnically or otherwise objectionable;
(c) is designed or likely to cause annoyance, inconvenience, unwanted attention
or needless anxiety to any other person;
(d) infringes the rights (including, without limitation, the intellectual property
rights) of another person;
(e) is designed or likely to cause disruption to any computer system or to any network;
(f) is illegal or designed or likely to induce an illegal act.
10.2. The Client is responsible for ensuring that the content of any Advertisement
and the use of the Services are not discriminatory, obscene, defamatory, or in any
other way illegal or in breach of any legislation. The Client also agrees to comply
with all relevant industry Codes of Practice.
10.3. The Client acknowledges that it is not vested with any proprietary rights
in respect of the Site, or any CV or other information submitted by any Candidate.
10.4. The Client shall indemnify Apply4U against all claims made by the third parties
in respect of the misuse of the data supplied to the Client.
10.5. The Client shall obtain from the Applicant, as much information about the
Applicant's qualifications and experience, as is necessary for determining whether
the Applicant is suitable for employment, and shall ascertain that the Applicant
has such qualifications as are required by law.
10.6. The Client shall ensure that the Applicant is fully aware of any conditions
imposed by law, which must be satisfied by the Applicant and that any employment
resulting there from shall be legal.
10.7. The Client agrees not to employ, or make arrangements to employ, a young person
(being a person under the age of 18) who is attending, or has ceased to attend school,
unless the Client has made all such enquiries as are reasonably practicable for
the purposes of ascertaining that the young person has received vocational advice.
10.8. The Client will obtain at least two character references from suitable persons,
not being relatives of the Applicant but being resident or based in the vicinity
of the normal place of residence of the Applicant, in respect of any Applicant applying
for a job in the United Kingdom where the Applicant is resident outside the United
Kingdom.
10.9. The Client shall ensure that the Applicant, before departing for the employment,
receives a written statement in a language they understand giving full details of
their employment.
10.10. The Client agrees to keep a written record of all job applications, for a
period of not less than one year from the date of employment or, where no employment
results, from the date the job application is rejected.
10.11. The Client shall:
10.11.1. use all CVs supplied for the sole purpose of endeavoring to provide or
locate suitable employment on behalf of Candidates;
10.11.2. ensure that it is notified as a data controller to the Office of the Information
Commissioner under the Data Protection Act 1998 to the extent that it applies and
complies with its obligations under that Act;
10.11.3. keep confidential the CVs and all other information supplied by Apply4U
or Candidates to the Client or its employees or agents and shall only use such information
for such agreed purpose if endeavoring to seek or provide employment opportunities
for Candidates with their express consent in respect of the CVs;
10.11.4. obtain the express consent of a Candidate prior to submitting his or her
CV to any person;
10.11.5. not submit, copy, supply, re-sell, distribute or make available in any
way any CVs or other information received from Apply4U to any person provided that
where the Client is a Recruitment Agency it may make CV's available to its genuine
End Clients who intend to recruit such Candidates for their own employment:
10.12. The Client:
10.12.1. acknowledges that the Client and Apply4U may agree that Apply4U can accept
instructions in relation to the Services (without having to refer to the Client)
from any of the following persons;
(a) any person agreed between Apply4U and the Client to be a Recruiter; and
(b) any person to whom the Client or any Recruiter provides passwords to or is set
up to make use of the Services by using facilities offered by Apply4U for such purposes.
10.12.2. Authorises Apply4U to accept instructions in relation to the Services (without
having to refer to the Client) from any Recruiter and any person using such passwords.
11. Rates
The rates will depend on which Account Type the Client has chosen. Profile Only
Clients will not be charged.
11.1 The rates shall be those rates as agreed between Apply4U and the Client in
the service agreement for Subscription Clients only.
11.2 The rates for Pay on placement Clients are described above in Pay on placement
4(b) Apply4U reserve the right to vary its scale of fees from time to time but will
ensure that it gives the Client reasonable notice of any variation.
12. Payment
12.1 Payment for Services will be payable within 14 days of invoice receipt or made
according to the payment terms specified in the Service Agreement.
12.2 If the Client fails to make any payment by the due time then all moneys owing
by the Client to Apply4U shall immediately become due and payable and the provisions
of clause
12.3 Apply4U will provide invoices to each Client.
12.4 The Client agrees to pay to Apply4U in respect of each item of Services for
which payment is not made by the due time:
(a) the sum of £35.00 as an administration charge; and
(b) interest on the amount paid late at the rate of 4% per month, calculated monthly
on the outstanding balance.
12.5 All sums due in respect of the Fees are exclusive of any value added tax or
other applicable sales tax, for which the Client shall be additionally liable.
13. Liability
13.1 Apply4U will not be liable (whether in contract or tort) for any loss of copy,
artwork, photographs, CV/s, or other materials that Candidate or Clients uploads
online. As required by law, this exclusion does not extend to death or personal
injury caused by negligence.
13.2 Apply4U will not be liable (whether in contract or tort) for any failure to
secure employment or consequential loss (whether caused by negligence of Apply4U,
its employees or agents).
13.3 The Client shall be responsible for obtaining work, or any other permits, for
the arrangements of medical examinations and/or investigations into medical history
of any Applicant, and shall satisfy itself of any medical or other requirements
or qualifications required by law.
13.4 Apply4U does not accept liability of any description, including liability for
negligence (except for personal injury or death), or any damages or losses (including,
but without limitation to indirect or consequential loss, or loss of business, revenue,
profits, use or opportunity) howsoever resulting from the Client's use of (or inability
to use) this Site.
13.5 Apply4U makes no warranty that this Site (or any website that is, or may become
linked to this website) is free from computer viruses, "cookies", or any other malicious
or impairing computer programmes and/or that the Site shall operate uninterrupted
and error-free.
13.6 Apply4U does not accept liability, of any description, however arising, for
any loss or damage caused to any Client, or any other third party, arising from
any virus or other impairing computer program contained in any CV submitted by any
Applicant.
13.7 Apply4U does not accept liability for:
13.7.1 any loss of copy, artwork, photographs, data or other materials that the
Client supplies to Apply4U and the Client shall be responsible for retaining in
its possession sufficient quality and quantity of such materials for whatsoever
purposes it may require;
13.7.2 any mistakes or errors whatsoever that arise during the course of publication
of any Advertisement 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 of any employees.
14. Liability
14.1 The Client agrees to indemnify Apply4U and to keep Apply4U indemnified in respect
of, but not limited to, all damages, costs or liabilities that Apply4U may incur
arising from an Advertisement or use of any Service, and in particular resulting
from the following:
14.1.1. the publication of any defamatory statement;
14.1.2 breach of copyright;
14.1.3 any claims made by any person in respect of race, religion, age, sex or disability
discrimination;
14.1.4 any breach by the Client of any warranty given hereunder.
15. Apply4U Termination and Cancellation
15.1. Apply4U, at its sole discretion, may terminate the provision of the Services
to the Client at any time.
15.2. The Client shall be responsible for all reasonable costs, claims, damages,
loss, expenses and liabilities incurred by Apply4U arising out of the Clients breach
of its obligations under these Conditions
16. Disclaimer
16.1. Except as otherwise provided by statute, Apply4U disclaims all warranties,
express or implied by law of statute, in relation to, but not limited to, the Site