TERMS OF BUSINESS LOGISTICS JOB SHOP LIMITED & THE CANDIDATE
1.1 In these Terms, the following definitions apply:
Advertisement: any advertisement published and promoted by LJS on behalf of a Client in respect of a Job Vacancy.
Application: an application made by a Candidate for a Job Vacancy advertised on the Website or via any other LJS service.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Candidate: the person who uses the Website and LJS’s services for the purposes of seeking employment or other work.
Client: a person, firm or company who uses LJS’s services to seek to recruit a person for employment or other work.
Contract: the contract between LJS and the Candidate for the supply of Services in accordance with these Terms.
CV: the curriculum vitae or details of a Candidate’s education, training, skills and employment experience which is provided to LJS by a Candidate in order to try to secure employment or other work.
LJS: Logistics Job Shop Limited (company number 07371933) whose registered address is Redland House, 157 Redland Road, Redland, Bristol BS6 6YE.
Disclaimer: LJS’s disclaimer as set out in the Website.
End Client: the person, firm or company to whom the Client provides its services in respect of the finding of suitable candidates for a Job Vacancy.
Intellectual Property Rights: all patents, rights to inventions, copyright and related rights, trade marks, service marks, trade, business and domain names, rights to sue for passing off, rights in designs, rights in computer software, database right, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Jobs By Email: a service provided by LJS where matched Job Vacancies are sent by email to Candidates who have subscribed to this service.
Job Vacancy: a job vacancy with either the Client or an End Client which is being advertised by the Client (and which LJS is aware about).
Services: the services which LJS agrees to supply to the Candidate in writing (via the Website or otherwise) and in connection with the Candidate’s search for employment or other work.
Terms: these terms and conditions as amended from time to time in accordance with clause 10.6.
Website: the site at www.logisticsjobshop.com or any other website owned or controlled by LJS for the provisions of any Services.
1.2 In these Terms, the following rules apply: (a) a person includes a natural person, corporate or unincorporated body; (b) words denoting the singular number only shall include the plural and vice versa, and words denoting any gender include both genders; (c) a reference to a party includes its personal representatives, successors or permitted assigns; and (d) a reference to writing or written includes faxes and e-mails.
2. APPLICATION OF THE TERMS
2.1 The Contract constitutes the entire agreement between the parties. The Candidate acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of LJS which is not set out in the Terms. Any Advertisement shall not form part of the Contract.
2.2 These Terms apply to the Contract to the exclusion of any other terms that the Candidate seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. SERVICES GENERALLY
3.1 The Candidate may access the Website and/or subscribe to the Jobs by Email service, or receive other services provided by LJS, subject to these Terms and in order to review (and potentially respond to) Advertisements and other information in respect of Job Vacancies.
3.2 LJS does not give any representation or warranty about (a) any Advertisement accessed on or via its Website or via any LJS service, or (b) any work offered by its Clients or any End Clients.
3.3 It is the responsibility of the Candidate to ascertain (a) the suitability of any work offered by a Client or an End Client and (b) the accuracy of any Advertisement or any information provided by a Client or End Client.
3.4 LJS shall have the right to make any changes to the Services which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the Services, and LJS shall notify the Candidate in any such event.
3.5 All Intellectual Property Rights in or arising out of or in connection with the Services and the Website shall be owned by LJS, except where any such Intellectual Property Rights have been licensed to LJS by any third party.
3.6 The Candidate shall not infringe any such Intellectual Property Rights referred to under clause 3.5.
4. JOBS BY EMAIL
4.1 This clause 4 shall only apply if the Candidate has requested to receive Jobs By Email.
4.2 The Jobs By Email service is sent by email [at least [once] per [week]] to Candidates with criteria which match any advertised Job Vacancies.
4.3 The Candidate acknowledges and agrees that LJS shall not be liable for the number of Job Vacancies or Advertisements delivered to the Candidate via Jobs By Email or via any other service.
5.1 If a Candidate sends their CV to LJS, a Client or an End Client (whether via the Website or otherwise) in connection with any Job Vacancy or otherwise in connection with the Services, the provisions of this clause 5 shall apply.
5.2 If the Candidate wishes to forward his CV (or otherwise provide information about himself) to a Client or End Client in response to an Advertisement, he acknowledges that LJS cannot guarantee that any Client or End Client will keep a CV or Candidate information confidential.
5.3 Subject to clause 5.4, LJS may retain a copy of any CV which is delivered via its Website but shall only reproduce and distribute any CV for the purpose of trying to secure (directly or indirectly) suitable employment or other work for a Candidate, except that LJS may, as part of the sale of the whole of any part of its business, transfer a copy of any CV to a purchaser of such business.
5.5 The Candidate acknowledges and agrees that (a) LJS cannot guarantee that any Application will be successful and (b) LJS shall not be liable for any act or omission of any Client or End Client.
5.6 The Candidate also acknowledges and agrees that, due to the nature of the internet, LJS cannot guarantee the transmission speed or security of any CV or other document transmitted to a Client or End Client via the Website.
6. CANDIDATE'S OBLIGATIONS
6.1 The Candidate shall ensure (a) that any information which it provides to LJS, a Client or an End Client is accurate and not misleading or illegal and (b) that any CV which the Candidate provides via the Website or directly to a Client or End Client contains a true and accurate reflection of their education, employment and training history.
6.2 The Candidate shall keep confidential any password which it receives from LJS and not disclose any such password to any person except to the Candidate’s professional advisers on a confidential basis or except as required under law.
7.2 The parties acknowledge and agree that there are terms within the Disclaimer which are relevant to the Candidate and that the terms set out in the Disclaimer shall form part of these Terms.
8. LIMITATION OF LIABILITY: THE CANDIDATE’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
8.1 Nothing in these Terms shall limit or exclude LJS's liability for death or personal injury caused by its negligence; for fraud or fraudulent misrepresentation, or for anything which may not be limited or excluded under law.
8.2 LJS shall not be liable to the Candidate, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for (a) any failure to secure employment or work, (b) any misrepresentation or inaccuracy in any information provided by any Client or End Client, (c) any breach of contract or law by any Client or End Client, or (d) any indirect or consequential loss arising in connection with the Services or otherwise under the Contract.
8.3 LJS shall not be liable for any loss of any CV, data or other materials which the Candidate may supply to LJS, a Client or any End Client, and the Candidate shall be responsible for retaining a copy of any CV or other data or materials which it may so supply.
8.4 Except as set out in these Terms, all warranties and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
8.5 LJS shall not be liable to the Candidate or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of LJS’s obligations in relation to the Services, if the delay or failure was due either to: (a) any delay or failure of the Candidate in performing its obligations under these Terms; or (b) any cause beyond LJS’s reasonable control.
8.6 This clause 8 shall survive termination of the Contract.
9.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party.
9.2 On termination of the Contract for any reason the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected and clauses which expressly or by implication have effect after termination shall continue in full force and effect.
10.1 LJS may at any time assign, transfer, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
10.2 Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, or sent by fax to the other party's main fax number or sent by e-mail.
10.3 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that right or remedy.
10.4 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between the parties, nor constitute any party the employer or employee of the other party.
10.5 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
10.6 Any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by LJS.
10.7 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.