Terms and Conitions
Terms and Conitions
TERMS AND CONDITIONS FOR THIS SITE
This page (together with the documents referred to on it) contains the terms and conditions for the use of this web site, whether you are a candidate looking for a job or an organisation wanting to recruit staff. You may only use this site for lawful purposes and these terms and conditions are specific to this site and are in addition to and not in substitution for our standard Terms and Conditions relating to the placement of candidates which shall be submitted separately when an enquiry is received by us.
1. Information about us
GPA Procurement LLP (trading as GPA) is registered in England and Wales under company number OC348048 and our registered office is at Windsor House, Cornwall Road, Harrogate HG1 2PW.
Advertising by a third party
1.1 If advertising on our site, you undertake to ensure that any information placed on our site or received from you for placing on our site meets the following content standards:
1.1.1 it is true, accurate, relevant and genuinely stated (in the case of opinions) and not in any way misleading;
1.1.2 it is not in breach of any applicable laws, codes, guidance or regulations (including but not limited to those relating to advertising standards);
1.1.3 it does not and will not infringe any third party intellectual property rights; and
1.1.4 it does not contain any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
1.2 Any information placed on our site or received from you for placing on our site must not:
1.2.1 be defamatory of any person;
1.2.2 be obscene, offensive, hateful or inflammatory;
1.2.3 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
1.2.4 disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual unless such individual has provided consent for use of his or her data in this way;
1.2.5 infringe any copyright, database right or trade mark of any other person;
1.2.6 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
1.2.7 be in contempt of court;
1.2.8 be likely to harass, upset, embarrass, alarm or annoy any other person;
1.2.9 impersonate any person, or misrepresent your identity or affiliation with any person;
1.2.10 give the impression that the advertisement emanates from a particular person or entity if this is not the case;
1.2.11 advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
1.2.12 contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; and/or
1.2.13 contain any advertising or promote any services or web links to other sites unless this is otherwise approved by us.
1.3 The site may only be used for lawful purposes by individuals seeking employment and by employers seeking employees.
1.4 We may decline to accept your advertisement for any reason. We may also remove any advertisement at any time without notice to you but we will only do so where it is reasonable to do so in our sole opinion. If we do so because you have breached this Contract then we shall not be liable to you for any damages or loss which you suffer as a result of such removal.
1.5 Unless otherwise agreed, we shall have absolute discretion over where any advertisement appears on our site and we may move your advertisement to a different position at any time. If you pay to have your advertisement placed in a premium advertising space on our site we shall only move your advertisement to locations within our premium advertising space.
1.6 We give no warranty as to the quantity and quality of the responses to any advertisement placed on our site and no refund will be given in the event no responses or inadequate responses are received.
2. Links to and from our site
2.1 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, but 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.
2.2 You must not establish a link from any website that is not owned by you.
2.3 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.
2.4 Where our site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
3. Our liability
3.1 Whilst we will use our reasonable efforts to make our site available for access via the Internet, we do not give any guarantee that our site will be available nor do we accept any liability for any failure of our site or any third party advertisement to be available due to any circumstances beyond our reasonable control including without limitation to any breakdown or malfunctioning of any computer software, equipment, telecommunications facilities or services.
3.2 We shall not be liable for the contents of any advertisement appearing on our site and shall be under no obligation to ensure that any content is removed from our site.
3.3 The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. We do not accept any liability arising from any inaccuracy or omission in any of the information on this site supplied by you, any other site user or any other person.
4. Events outside our control
4.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
4.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
4.2.1 strikes, lock-outs or other industrial action;
4.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
4.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
4.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
4.2.5 impossibility of the use of public or private telecommunications networks; or
4.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
4.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
5.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
5.2 No waiver by us of any of the terms and conditions of this Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
If any of the provisions of this Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
7. Entire agreement
7.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
7.2 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
8. Viruses, Hacking and other Offences
8.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
8.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
8.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 material posted on it, or on any website linked to it.
9. Our right to vary these terms and conditions
We may revise these terms and conditions at any time. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our site.
10. Reliance on Information Posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
11. Law and jurisdiction
This Contract will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of England and Wales.