JOBSEEKER TERMS & CONDITIONS
If you wish to have your details included on the BSME Website, you are requested to agree to the terms below (the “Terms”)
1. DEFINITIONS
In this agreement (the “Agreement”), the following terms shall mean:
1.1. "User`s Details" means information submitted by a User, which may be held by BSME either the whole or excerts of which may be included on the Website.
1.2. “BSME’s Privacy Policy” means the Privacy Policy published on the Website, as amended from time to time
1.3. "Service" means the service of advertising educational vacancies online at the Website and providing a mechanism enabling the User to apply direct to the School.
1.4. "Website” means www.bsme.org.uk
2. THE AGREEMENT
2.1. In consideration of the User abiding by the terms of this Agreement and subject to the effects of the failure or interruption of services provided by third parties, BSME agrees to provide the Service
2.2. BSME may refuse to process or post the whole or any part of the User`s Details if BSME deems it to be offensive or inappropriate or in its absolute discretion it believes to be inaccurate or untrue.
3. WARRANTIES
3.1. BSME warrants that User’s Details shall be held and processed in accordance with BSME’s Privacy Policy. BSME shall not transfer any personal data without the express written consent of the User, other than for the express purpose of the recruitment function.
3.2. BSME does not warrant that:
3.2.1. Details of vacancies will be current, complete or accurate; or
3.2.2. User`s Details will not be provided to a User`s existing employer or their relevant Education Authority; or
3.2.3. the provision of the Service will be uninterrupted or error-free;
3.3. The User shall bear sole responsibility for ensuring the accuracy of the User’s Details supplied to BSME
3.4. The warranty set out in Clause 3.1 is exclusive of and in lieu of all other conditions and warranties, either express or implied, statutory or otherwise, including without limitation those relating to satisfactory quality or fitness for purpose
4. WEBSITE CONTENT
4.1. The User recognises and accepts that he/she bears sole responsibility for the content of the User`s Details
4.2. BSME agrees that upon written notice from the User of any inaccuracies in the User`s Details it will use reasonable efforts to rectify the inaccuracies provided always that the correct information is provided to BSME by the User.
4.3. BSME shall retain the right at all times to refuse to provide the Service or any part thereof, including without limitation, posting any User`s Details to the Website and to prohibit the User from using the Website in the future where it reasonably believes that the User`s Details are incorrect or deliberately misleading and any message or notice in the opinion of BSME under the laws of any jurisdiction from which it is possible to access the Website may:
4.3.1. be obscene, indecent, defamatory, illegal, illicit, infringing of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights) or otherwise unlawful under any jurisdiction from which the Website may be accessed;
4.3.2. be in breach of any applicable regulations, standards or codes of practice (notwithstanding that compliance may not be compulsory);
4.3.3. harm the reputation of BSME in any way.
4.4. BSME shall retain the right at all times to refuse to post any User`s message and to prohibit a User from using the Website in the future where it reasonably believes that the User`s message or notice is incorrect, deliberately misleading, illegal, illicit, indecent, obscene, defamatory, infringing of third party rights (of whatever nature and including, without limitation, any Intellectual Property Rights) or is likely to harm the reputation of BSME and upon receipt of notification from a third party to the effect that any such message or notice appears on the Website, BSME may in its absolute discretion take down such message or notice without reference to the User who posted it. In the event that BSME believes that the User is persistently abusing any facility on the Website it may in its absolute discretion prohibit the User from using the Website in future.
4.5. BSME’s rights under Clauses 4.2 and 4.4 above shall be without prejudice to the sole responsibility of the User for content of User`s Details and messages or notices posted under Clause 4.1 and to the warranties given by the User relating to that content in Clause 4.6 below. Posting of User`s Details, messages or notices by BSME on the Website shall not under any circumstances constitute a waiver of any of BSME’s rights under this Agreement.
4.6. The User warrants, represents and undertakes in relation to all User`s Details (including, for the purposes of this Clause 4.6, any User`s Details which it requests BSME to post on the Website) that no such User`s Details shall be obscene, indecent, defamatory of any persons or otherwise illegal or unlawful under the laws of any jurisdiction from which the Website may be accessed.
5. USER’S OBLIGATIONS AND RESPONSIBILITIES
5.1. The User undertakes to notify BSME of any changes to the User`s Details from time to time.
5.2. The User undertakes to check the User`s Details posted to the Website and promptly notify BSME in the event of any inaccuracies therein
5.3. The User warrants, represents and undertakes that no data, information, or material provided by the User (including, for the purposes of this Clause 5.3, any messages or notices posted to the Website) shall be obscene, indecent, defamatory of any persons or otherwise illegal or unlawful under the laws of any jurisdiction from which the Website may be accessed.
5.4. The User agrees to notify BSME once it no longer wishes to have the User`s Details advertised on the Website
5.5. The User undertakes fully to virus-check all data supplied to BSME pursuant to this Agreement.
5.6. The User hereby acknowledges that it is fully responsible for all consequences of the User`s Details and any message and/or notice being posted on the Website.
6. INDEMNITIES
6.1. The User agrees to indemnify BSME against all damages, liabilities, costs and expenses which BSME may incur or sustain including without limitation the costs of defending any suit arising from the use of any of the User`s Details or data provided by or on behalf of the User in relation to the Website or any act or omission by the User
7. LIMITATION OF LIABILITY
7.1. BSME is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by the User and arising in any way in connection with this Agreement or for any liability of the User to any third party.
7.2. BSME is not liable for any viruses uploaded to the Website by third parties or the User.
7.3. BSME is not liable for any errors, omissions or delays of the User.
7.4. BSME shall not be liable for ensuring that User`s Material and any message or notice posted to the Website by the User is legal and lawful and is not obscene, defamatory or otherwise infringing of any third party rights whatsoever.
7.5. BSME is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
7.6. The Parties agree that the User is the sole author, editor or publisher of all User`s Details on the Website.
7.7. BSME and the User shall use reasonably up to date virus checking software to ensure that the material does not contain any element which is designed to corrupt data or adversely impact upon the performance of computer systems including without limitation any virus, worm, logic bomb, disabling code or routines or expiration dates as these terms are generally understood within the computer industry.
8. TERM AND TERMINATION
8.1. The User`s Details will remain on the Website for such time as BSME sees fit and it is the User`s responsibility to ask BSME to remove or revise them if they are no longer applicable or accurate.
8.2. BSME may terminate this Agreement at any time to the email address provided to BSME by the User
8.3. The User may terminate this Agreement by sending an email request to unsubscribe to website@bsme.org.uk
9. GENERAL
9.1. Subject to Clause 9.2, these Terms and any other expressly incorporated document constitute the entire agreement between the Parties hereto relating to the subject matter hereof and neither Party has relied on any representation made by the other Party unless such representation is expressly included herein. Nothing in this Clause 9.1 shall relieve either Party of liability for fraudulent misrepresentations and neither Party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable
9.2. If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
9.3. Neither Party shall be liable for any loss suffered by the other Party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from “Force Majeure” acts or causes beyond its reasonable control or acts or regulations of any governmental or supra-national authority.
9.4. Any delay or forbearance by either Party in enforcing any provisions of these Terms or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
9.5. This Agreement shall be governed by the laws of England and the Parties submit to the exclusive jurisdiction of the Courts of England and Wales.
10. SCHEDULE
10.1. You can access our home page and browse our site without disclosing your personal data
10.2. Who may process data
Your personal information (which includes your name, address and any other details you provide to us which concern you as an individual) may be processed by us and by educational employers..
10.4. Security measures
BSME has implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss
10.5. Access to information
You may ask us whether we are storing personal information about you by emailing us at website@bsme.org.uk and, if you wish, we will provide you with a copy of the personal data we hold about you by email. We may ask for proof of your identity before providing any information and reserve the right to refuse to provide information requested if identity is not established.
10.6. Disclaimer of Warranty and Liability
The following provisions may be curtailed or disallowed by the laws of the country in which the person accessing this Website is situated. In such case, the terms hereof are to be read as excluding or limiting such term so as to satisfy such jurisdiction. We do not represent or warrant that the information accessible via this Website is accurate, complete or current. We have no liability whatsoever in respect of any use which you make of such information.
The information provided on this Website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior that they are suitable for your purposes.
Whilst we make all reasonable attempts to exclude viruses from the Website, we cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended to take all appropriate safeguards before downloading information or images from this Website.
All warranties, express or implied, statutory or otherwise are hereby excluded.
Neither we nor any of our employees or affiliated entities will be liable for any kind of damages and howsoever arising including, without limitation, loss of profits, compensatory, consequential, direct, exemplary, incidental, indirect, punitive or special, damages or any liability which you may have to a third party, even if we have been advised of the possibility of such loss.
We are not responsible for the direct or indirect consequences of you linking to any other website from this Website.
These terms and this disclaimer and any claim based on use of information from this Website shall be governed by the laws of England and Wales and for our benefit you agree to submit to the non-exclusive jurisdiction of the Courts of England and Wales.
10.7. Consent and enquiries
In order to access the information on this website, you must signal acceptance of the terms and disclaimer set out above by clicking on the tick box on the registration page or in the “BSME” profile page on the Website. If you do not accept any of these terms, please do not use this Website.
If you have any enquiry or concern about BSME’s Privacy Policy or the way in which we are handling personal data please contact BSME support website@bsme.org.uk. If at any time you wish us to cease processing your information please send a message to website@bsme.org.uk and insert "unsubscribe" as the subject heading.
