Vocation Wizard Job Board Terms of Use 

1. Introduction 

1.1 We are Seecloud Limited, a company registered in England and Wales with company number 10473953 and registered office at Lytchett House, 13 Freeland Park, Wareham Road, Poole, Dorset BH16 6FA  trading as Vocation Wizard (we, us). We provide job board services (the Job Board) on our website and mobile application. These Terms apply to all access and use of our Job Board. By using the Job Board, you agree to be bound by these terms of use (the Terms). These Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms, do not use the Job Board. 

1.2 We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Job Board. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email and the change will take place 30 days after you receive such email.  Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

1.3 We take your privacy seriously. We process all personal data in accordance with our privacy policy available on our website and mobile application.

1.4 We are an intermediary platform, and we are not bound in any way by any contract that may arise at any time between an individual seeking a job (a Job Seeker) and an organisation posting information (a Recruiter) about a vacancy  (a Vacancy).

2. Registering on the Job Board and Use of the Job Board

2.1 You are responsible for keeping your password confidential and you are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately if you believe there has been any unauthorised use of your account.   You can also register a Job Seeker account on the Job Board though your social media account. 

2.2 When you use the Job Board you must comply with all applicable laws. In particular, you agree not to:

(a) Try to gain unauthorised access to the Job Board or any networks, servers or computer systems connected to the Job Board; 

(b) Add a Job Board user to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes; 

(c) Transmit spam, chain letters or other unsolicited emails; and/or 

(d) Reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Job Board save to the extent expressly permitted by law not capable of lawful exclusion;

(e) Use or access the  Job Board to build or support, and/or assist a third party in building or supporting, products or services competitive to us;  

(f) Use the Job Board in any manner that could damage, disable, overburden, impair, obstruct or otherwise interfere with the Job Board.

2.3 We may freely use any data that we learn, acquire or obtain in connection with your use of the Job Board including through online tracking tools, in order to improve, review and analyse the Job Board.  

2.4 The copyright in all content on the Job Board is owned by or licensed to us. All rights are reserved.    

3. Job Seeker

3.1 If you wish to register as a Job Seeker on the Job Board, you must be at least 18 years old  (or if you are 16 or 17 years old, your parent or legal guardian agrees to these Terms) and be legally capable of entering into a contract.

3.2 Job Seekers can search all Vacancies on the Job Board. If a Job Seeker wishes to apply for a Vacancy, they will be redirected to the Recruiter’s website or app.  We have no liability for the content of a Recruiter’s website or app and you should review the Recruiter’s terms of use and privacy policy before submitting any personal data to a Recruiter.

4. Recruiters  

4.1 If you wish to register as a Recruiter on the Job Board, you must have the authority to bind the Recruiter to these Conditions and be at least 18 years old.

4.2 We shall consider your application to register, and if at our sole discretion you are accepted as a Recruiter on the Job Board you shall be entitled to upload Vacancies. 

4.3 Recruiters warrant and represent that all content that they post on the Job Board, including within a Vacancy, must not:

(a) Breach the provisions of any law, statute or regulation including the Equality Act 2010 and the Data Protection Act 2018; 

(b) Infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party; 

(c) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; 

(d) Be illegal, dishonest, false, inaccurate or misleading; 

(e) Include any content which promotes fraudulent, obscene, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory; and/or 

(f) Contain content that is not in keeping with the intention of the Job Board, such as containing content solely to promote goods or services; and/or 

(g) Give rise to any cause of action against us.

4.4 We may at our sole discretion and without any liability, require a Recruiter to amend or remove any such content at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 4.3.  

4.5 Provided we receive the fee in full, and subject to Condition 4.4, we shall host the Vacancy in accordance with these Terms on the Job Board for the duration relating to the fee paid by the Recruiter.  

4.6 Recruiters agree that we shall be entitled to reproduce and use the Recruiter’s name and associated logos within publicity for the Job Board and our business.

4.7 The fee for hosting a Vacancy is non-refundable in any circumstances.

5. Suitability of Recruiters and Job Seeker

5.1 Recruiters and Job Seekers acknowledge and agree that the Job Board is provided for information purposes only.  We do not seek to introduce or supply Job Seeker to Recruiters or Recruiters to Job Seeker in respect of any Vacancy or otherwise. We do not act as an employment agency and/or an employment business. This means that we do not have the obligations of an employment agency and/or an employment business under the applicable laws, including any obligation to confirm the identity and/or suitability of a Job Seeker for a particular Vacancy and/or the suitability of a particular Vacancy for a Job Seeker.

5.2 It is therefore the responsibility of a Recruiter to ensure the Job Seeker is suitable for a particular Vacancy, and also the responsibility for the Job Seeker  to ensure that the Vacancy and Recruiter is suitable for their purposes.  All normal, prudent checks should be carried out by Recruiter and Job Seeker, including identity checks, qualifications, experience, a detailed understanding of the Vacancy (hours, location, pay), health and safety issues and legal requirements. 

6. Disclaimer – Your attention is particularly drawn to these provisions

6.1  Notwithstanding any other provision of these Terms, you agree that we cannot and do not warrant that any Job Seeker  shall find a suitable job, or that a Recruiter shall find a suitable Job Seeker  for their Vacancy.    

6.2 Subject to Condition 6.5,  if you are a Recruiter, we shall in no circumstances be liable to you in respect of your use of the Job Board in contract, tort (including negligence) or otherwise for any:

(a) Loss of profits; 

(b) Loss of business; 

(c) Depletion of reputation, goodwill and/or similar losses; 

(d) Loss of anticipated savings; 

(e) Loss of goods; 

(f) Loss of contract; 

(g) Loss of use; 

(h) Loss due to corruption of data or information; or 

(i) Any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses whether or not they advised of the possibility of the same.

6.3 Subject to Condition 9.5, our total liability to a Recruiter in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these Terms shall be limited to the Fee paid by the Recruiter for the Vacancy that is the subject of the claim.

6.4 If you are a Job Seeker, we shall be liable only for direct losses that you suffer as a result of our breach of these Terms or our negligent act or omission.

6.5 Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.

7. Indemnity

Recruiters shall indemnify, defend and keep us indemnified and defended, and hold us harmless from and against any costs, claims, losses, damages, expenses and liabilities that we may suffer or incur arising as a result of any claim or allegation in relation to the content of their Vacancies; and any claim or allegation from a Job Seeker or any third party relating to the acts or omission of the Recruiter.

8. Termination or Suspension

8.1 We reserve the right to suspend or terminate the account of a Recruiter or a Job Seeker  at any time and without liability.  We will continue to host any Vacancy until the end of the period paid for by the Recruiter unless the Recruiter is in breach of these Terms.

8.2 You can terminate your account at any time within the Job Board.  But, if you are a Recruiter, you understand that as soon as you terminate your account, your Vacancies will be deleted and no refund will be due for any unexpired term that you have paid for.   

8.3 Following termination by us of your account, you must cease to use the Job Board and you must not re-register on the Job Board under any other name.  

8.4 Termination shall not affect the accrued rights of the parties or the operation of any provision which expressly or by implication should continue after termination, including the right to claim damages in respect of any breach of these Terms which existed at or before the date of termination.

9. General  

9.1 These Terms contain the entire agreement of the parties with respect to its subject matter and supersedes all prior agreements and representations, standard conditions or other implied conditions, whether written or oral, with respect to the subject matter of these Terms.  

9.2 Neither the Recruiter nor the Job Seeker may assign or delegate its rights or obligations under these Terms, in whole or in part, to any third party by operation of law or otherwise, without our prior written consent.  Any attempted assignment or delegation that does not comply with this Condition 9.2 shall be of no effect.  We shall be entitled to assign or delegate our rights or obligations under these Terms, in whole or in part, to any third party without the prior written consent of the Recruiter or the Job Seeker.

9.3 Any failure by any party to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision.  

9.4 If any provision of these Terms is found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely approximating the intention of the parties. 

9.5 Nothing in these Terms shall create or imply an agency, partnership or joint venture between the parties.  Neither party shall act or describe itself as the agent of the other party nor shall either party have or represent that it has any authority to make commitments on behalf of the other.

9.6 All notices under these Terms shall be delivered by hand or by email or by registered mail,  and shall be deemed delivered on delivery if delivered by hand or email, and within 2 (two) working days if delivered by mail.  

9.7 These Terms are governed by and will be construed in accordance with the laws of England and Wales.

9.8 The parties submit to the exclusive jurisdiction of the courts of England and Wales in relation to any legal actions or proceedings arising out of or in connection with these Terms.

10. Additional Terms for Users who download our App from the Apple App Store

You and we both acknowledge that these Terms are concluded between you and us only, and not with Apple, and therefore, we, not Apple, are solely responsible for the App and the content thereof.

The licence granted to you for the App is limited to a non transferable licence to use the App on any Apple branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable laws. You and we both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price you paid to Apple (if any) for the App. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

You and we both acknowledge that we, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation.

You and we both acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You and we both acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

Last updated: September 2021

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