Brightgrad's Terms of Use
Brightgrad Limited is a company registered in England and Wales under company number: 06535773 (“Brightgrad” or “we” or “our” or “us”) and operates www.brightgrad.com ("Website”) which services are hosted in the United Kingdon ("UK"). Brightgrad Limited is registered in the UK for Value Added Tax ("VAT") under registration number 929 8752 64.
The terms “you” or “user” refer to any visitor to or user of the Website and includes graduate members and/or recruiter/advertiser members using this Website. The term “member” refers collectively to graduate and recruiter/advertiser members as the context permits.
The term “working day” shall refer to any day except Saturday, Sunday or a day on which the Banks in England and Wales are closed.
By using the Website or subscribing to the services provided by us through the Website, you acknowledge that you have read, understand and agree to be bound by the terms of use and services (“Terms of Use and Services”) whether or not you are a registered member.
We may modify, add or delete parts of the Terms of Use and Services at any time and if we do so, we shall indicate at the end of the page the date these were last revised. Your continued use of the Website or the services provided through the Website following any change to the Terms of Use and Services indicates your acceptance of the same and it is your responsibility to regularly check the Terms of Use and Services for any changes. If you do not accept the Terms of Use and Services at any time please immediately stop using the Website and our services.
Registration
In order to use the Website and subscribe to the services we offer you will need to register as a member. We will ask you to provide certain details on registration (“registration details”) and then issue you with a username (which shall be the email address you provide on registration) and password (together your “membership details”). You are responsible for maintaining the accuracy and confidentiality of your membership details and for all uses of your membership details whether or not authorised by you. You agree to immediately notify us of any changes to or unauthorised use of your membership details.
The Website is intended to create a networking platform for graduates and to allow recruiters/advertisers access to graduates who may suit their specific employment opportunities. Consequently by using this Website and registering as a graduate member you represent that you are 18+ years old and have completed at least one recognised higher education course, equivalent level vocational training course or local equivalent if outside the UK.
TERMS OF USE
1. Your Use of The Website
The Website may be used for lawful purposes by members either seeking or providing employment opportunities and careers information. Neither you nor any party under your control may use the Website for any purpose that falls outside the aforementioned areas and specifically you shall not:
1.1. Register for more than one membership account nor register as or on behalf of another individual, company or other legal entity other than yourself;
1.2. Use or attempt to use the membership details of someone other than yourself in order to access the Website and our services;
1.3. Upload, post, share or otherwise make available:
1.3.1. false, incomplete or inaccurate information nor, if a graduate member, post information which is not your own accurate curriculum vitae or equivalent statement of skills and experience (your “CV”);
1.3.2. content that is unlawful, harmful, threatening, offensive, defamatory, obscene, vulgar, abusive, racist, sexist, discriminatory, likely to cause anxiety or embarrassment to others or prevents users from enjoying the Website;
1.3.3. information likely to encourage or incite criminal behaviour, violate the rights of another member, including intellectual property rights or create either civil or criminal liability under national or international law;
1.3.4. content containing viruses, computer code, files or programs, which interfere with the correct operation of any computer software, hardware or telecommunications equipment; or
1.3.5. private information of any third party including addresses, phone numbers or email addresses;
1.4. Collect email addresses or other personal data from members for the purposes of sending unsolicited emails or making unsolicited phone calls or faxes;
1.5. Use the Website to advertise, promote or source people to join a pyramid scheme, distributorship, sales agency arrangement or other business opportunity that requires an upfront or periodic payment, pays commissions only (or nominal salary) or requires the recruitment of others including sub-distributors or sub-agents;
1.6. List employment opportunities that require graduate members to provide sensitive personal data such as their racial or ethnic origin, political beliefs, philosophical or religious beliefs, membership of a trade union or political party, physical or mental health, sexual life or that relate to the commission of criminal offences or proceedings;
1.7. Use any device, software or similar mechanism to impede or attempt to impede the operation of the Website or the services being provided by the Website;
1.8. Use the Website in such a manner that it becomes overburdened, damaged or disabled in any way;
1.9. Attempt to decompile, disassemble or reverse engineer the Website (or any part thereof);
1.10. Use or attempt to use any search engines, software, agents, tools or other devices to search or navigate the Website other than those already available on the Website or industry recognised third party internet browsers, such as Microsoft Internet Explorer;
1.11. Copy or duplicate the Website in whole or in part, otherwise than in accordance with the Terms of Use and Services; nor
1.12. Act in a manner that is likely to interfere with or threaten the security of the Website including (but without limitation) accessing servers or data without authorisation, attempting to scan or test the vulnerability of a system or network, breach security or authentication measures or in any way attempting to interfere with the service to any user, member or network. Such activities may result in either civil or criminal liability and we shall co-operate fully with law enforcement agencies wherever necessary in respect of these matters.
2. Member Content
2.1. As a member you are fully and solely responsible for the information, photographs, CVs, advertisements, listings and other content that you upload, post, share or otherwise make available on the Website and communicate to other members through the Website (collectively referred to as “Member Content”). Brightgrad does not warrant the accuracy or reliability of Member Content and any reliance placed upon any Member Content is entirely at your own risk.
2.2. We are not under any obligation to monitor or screen Member Content but where we are notified of Member Content in violation of the Terms of Use and Services, we may after investigating the allegation remove without notice any Member Content that we reasonably believe to be unlawful or otherwise offensive or abusive and in violation of the Terms of Use and Services. However we have no liability or responsibility in relation to the carrying out or failure to carry out these activities.
2.3. Notwithstanding the above, you accept that we may do whatever necessary in relation to Member Content that we deem appropriate in the circumstances if we believe that the Member Content will lead to liability for Brightgrad or may cause Brightgrad to lose the services of its Internet Service Providers or other suppliers.
2.4. The use of hyperlinks and hidden keywords within Member Content is prohibited unless these are directly related to the Member Content where they appear (for example a hyperlink connected to an email address and contained within a CV).
2.5. By creating and adding to your Member Content you consent and authorise us to make as many copies of the Member Content, in whole or in part, as we deem necessary in order to facilitate the use of Member Content on the Website and you automatically grant, and warrant that you have the right to grant, to Brightgrad an irrevocable, perpetual, transferable, fully paid, non-exclusive right (including any moral rights) and worldwide license (with the right to sub-licence) to copy, use, adapt, publish, modify, translate, create derivative works from, publicly perform, publicly display, distribute for any purpose, commercial, advertising, or otherwise in connection with the Website, and to display the Member Content and/or incorporate it in other works in any form, media or technology available now or in the future for the full term of any rights that may exist in such Member Content. In addition, you consent to any member accessing, viewing, storing and reproducing your Member Content in accordance with the Terms of Use and Services. If you remove Member Content the licence as set out above ends immediately in respect of the removed Member Content although you accept that we may retain archived copies of your Member Content. Subject to the Terms of Use and Services, you retain ownership at all times of your Member Content and any intellectual property rights or other proprietary rights associated with it.
3. Website Content and Intellectual Property
3.1. The contents and arrangement of the Website, including (without limitation) text, graphics, logos, images, software, databases, web pages and the HTML code used to create the Website (“the Website Content”) are the property of Brightgrad or its members and protected by international and domestic copyright, trademark and other laws.
3.2. We authorise you to view and download one copy of the Website Content for your personal use only and you must retain all copyright, trademark and other proprietary notices contained on the original Website Content on any copy made. You are prohibited from selling, modifying, reproducing, displaying in public, distributing or otherwise using the Website Content for any public or commercial use.
3.3. We respect the intellectual property rights of our members and in return we expect our members to abide by the Terms of Use and Services, which prohibit members uploading or otherwise making available content that violates the intellectual property rights of another. Please notify us immediately if you believe that there is material on the Website that has been uploaded or otherwise made available in violation of your intellectual property rights.
3.4. If we receive notification that a member’s use of the Website repeatedly violates the intellectual property rights of another, we reserve the right in those circumstances, without notice and without liability to the member, to immediately terminate their membership and remove their Member Content from the Website.
4. Third Party Websites
The Website contains links to external websites (“Third Party Websites”) as well as images, text, photographs, logos, information and other content provided by third parties (“Third Party Content”). We are not responsible for the Third Party Websites or the Third Party Content that may be accessed through the Website and we do not in any way endorse or guarantee the accuracy, suitability or completeness of the same. If you decide to access Third Party Websites or Third Party Content you do so entirely at your own risk and upon leaving the Website, the Terms of Use and Services shall no longer apply. We suggest that you read the terms and policies that govern the Third Party Websites and the Third Party Content to which you navigate from the Website.
5. Privacy and Your Information
5.1. We use your personal information to facilitate the recruitment of graduate employees and to create a networking facility for graduate members and recruiter/advertiser members. In pursuit of these purposes, Brightgrad may send you email and/or SMS alerts and by accepting the Terms of Use and Services, you consent to your personal data being used for this purpose.
5.2. We take the privacy of our members seriously and ask you please to view our Privacy Policy. By using the Website and subscribing to the services provided by Brightgrad you consent to your personal data being processed in accordance with the Terms of Use and Services and the Privacy Policy.
6. Feedback
We appreciate receiving feedback from our members regarding the Website and the services we provide. However we are not able to accept creative ideas, suggestions, inventions or other similar information (collectively “Original Ideas”) unless we have specifically requested these from you. You must be aware that any Original Ideas that we receive are non-confidential and we are not responsible for the disclosure or use of such Original Ideas. We exclusively own all rights known or subsequently discovered in any Original Ideas received by us and we are entitled to use such Original Ideas for any purpose without compensation to you or any third party who submits an Original Idea to us.
7. Responsibility
7.1. We are an independent networking resource connecting graduate members and recruiter/advertiser members in relation to specific employment opportunities. We are not an employer in respect of the members using the Website and we are not responsible for any employment decisions made by our members.
7.2. We are not involved in the interaction between members nor do we screen Member Content or have any control over the legality, safety, accuracy or quality of the Member Content. There are risks in forming connections and relationships with members, including but not limited to the risk of physical harm, dealing with strangers, underage persons or those acting under false pretences. You assume all risks associated with becoming a member and connecting, sharing or otherwise dealing with other members through the Website. We do not and cannot control the behaviour of members using the Website and if a dispute does arise between you and another member, you release Brightgrad from any and all claims, demands and damages (direct and indirect, actual and consequential) of every kind whether or not known, suspected or disclosed, arising from or in any way connected to such disputes.
7.3. Although we have rules for using the Website, we generally do not and are under no legal obligation to control Member Content or Third Party Content, which may be offensive, harmful, inaccurate, misleading or deceptive. As a member you are solely responsible for the accuracy of the Member Content you provide and we expect members to use caution when viewing Member Content and Third Party Content.
7.4. The Website may contain typographical errors or inaccuracies and we make no representations as to the accuracy, reliability or completeness of the Website or the Website Content. We reserve the right to make changes to the Website, Website Content and any or all of the services offered through the Website, at anytime and without notice.
7.5. We do not warrant that the Website will operate without error and on occasion it may be temporarily unavailable. We are not responsible for any omission, errors, defects, deletion, interruption or delay in transmission that may interfere with the proper use or function of the Website or the communications equipment of our members. We assume no responsibility for technical problems associated with the communication networks, computer systems, servers, providers, computer equipment or failure of email on account of Internet traffic congestion or technical problems or any combination thereof.
7.6. We are not responsible for any loss or damage, including loss or damage to Member Content, mobile phone equipment, computers and other hardware or software, resulting from the use of the Website or the services offered via the Website, Third Party Websites or Third Party Content, whether online or offline.
7.7. The Website, Website Content and any service offered through the Website is provided on an “as-is” basis and we disclaim all warranties and representations, express or implied, to the extent permitted by law. We cannot and do not guarantee specific results from the use of the Website or the services provided through it nor the functionality, performance or reliability of the same.
7.8. We do not warrant that the Website, Website Content, Third Party Websites or Third Party Content are free of viruses or other harmful elements and users must exercise caution when accessing the Website or downloading Website Content. We suggest that you have industry recognized anti-virus software to detect and disable potential threats before using the Website and you accept that use of the Website (including use of mobile phone related services) is at your own risk and you are solely responsible for your use of the same and for any damage to your computer, mobile phone, loss of data or other damage that may result.
Terms of Services
In this section:
The term “start date” shall refer to the date of the email that we send to you following registration and (where appropriate) during your membership to confirm our agreement to provide you with either the Graduate Services or Recruiter/Advertiser Services as applicable (“the confirmation email”). The confirmation email will be sent to the email address that you provide at registration and it is your responsibility to ensure that this address is valid and you must notify us immediately if this address changes.
The term “month” shall refer to one calendar month and the first month begins on the start date and continues until the day numerically before the start date in the following calendar month and if there is no such date then the month shall end on the last day of the calendar month following the start date e.g. if the start date is the 30 January then the month ends on the 28 February (or the 29 February in a leap year). Each month shall start and end on the same numbered day in each month for as long as you remain a member of the Website.
1. Graduate Members
1.1. In consideration of you providing your registration details, we shall from the start date provide the following services to you free of charge (“the Graduate Services”):
1.1.1. We agree to host your Member Content, which may include one or more CVs, photographs, text, images or related content depending upon what you choose to upload, within a specific area of the Website accessible only using your membership details (“your Graduate Page”);
1.1.2. We provide you with access to a database of current graduate jobs posted by recruiter/advertiser members (“Live Job Posts”);
1.1.3. Through our application service we enable you to make initial contact with recruiter/advertiser members and supply your choice of CV to those whose Live Job Posts or adverts are of interest to you;
1.1.4. We supply to recruiter/advertiser members on request, for the purpose of identifying suitable candidates for Live Job Posts, one CV that you have specified on your Graduate Page as suitable for this purpose (your “Primary CV”);
1.1.5. We may alert you to relevant Live Job Posts and/or promotions by email, SMS messages or RSS feeds unless you have elected not to receive such communications;
1.1.6. We enable you to connect with other graduate members to create networks of members with whom you can communicate via the Brightgrad internal mail system or by leaving messages on the Graduate Pages of the members within your network. Your Graduate Page will only be viewable by those whom you invite in to your network;
1.1.7. We provide a facility for you to advertise your events to other graduate members and we display events listed by recruiter/advertiser members on your Graduate Page; and
1.1.8. Such similar or related services that we choose to make available to you through the Website during your membership.
1.2. Your graduate membership is subject to your continued acceptance of and compliance with the Terms of Use and Services and our Privacy Policy. We may terminate your graduate membership and cease providing the Graduate Services at any time if you are in breach of the Terms of Use and Services or the Privacy Policy or both or if we decide not to continue operating the Website. In the event that we decide to stop operating the Website, we are not responsible to you for the loss of the Graduate Services, your Graduate Page or Member Content that may result from that decision.
1.3. By receiving the Graduate Services you agree that:
1.3.1. The details contained in your CV and on your Graduate Page are a true and accurate reflection of your skills, experience, qualifications and personal details;
1.3.2. Where your Member Content contains the name or pictorial representation of another living person and/or can identify another living person, you have obtained authorisation from that living person to make use of their name or image;
1.3.3. We cannot guarantee the number of Live Job Posts available on the Website nor the number of requests made to view your CVs during your membership;
1.3.4. We are not responsible for the content of any events, advertisements or Live Job Posts displayed on the Website;
1.3.5. We may at any time without notice remove or decline to provide Member Content including your CVs to interested recruiter/advertiser members where we receive notice that the information contained in the Member Content is illegal, obscene, offensive, infringes a third party’s rights, is likely to cause disruption to any computer system or network, is false, misleading or inaccurate. In these circumstances we may also suspend the provision of Graduate Services to the member concerned; and
1.3.6. From the start date, we shall use reasonable endeavours to keep you periodically updated by email and/or SMS message about Live Job Posts that match your skill sets and preferences that you have specified to us through your Graduate Page. You accept that we are not responsible for the number of Live Job Posts provided by this service and that we may periodically use this service to send you details from our recruiter/advertiser members that may not relate to specific Live Job Posts. If you want to stop receiving this service then you may unsubscribe at any time by following the instructions set out in the last email or SMS message received.
2. Recruiter/Advertiser Members
2.1. Your membership details allow you to access a secure profile page containing your registration details, current employment related events that you choose to list (“careers and related events”) and such other Member Content that you choose to upload on to the Website (collectively “your Recruiter/Advertiser Page”).
2.2. You may submit through your Recruiter/Advertiser Page details of careers and related events to be displayed on Graduate Pages and in an area of the Website that we designate for the display of careers and related events. You agree that all careers and related events are subject to the Terms of Use and Services, must be current and must not contain:
2.2.1. references to products or services connected to pyramid selling, distributorship, sales agency arrangements or other business opportunities that require an upfront or periodic payment, pays commissions only (or nominal salary) or requires the recruitment of others including sub-distributors or sub-agents;
2.2.2. references to Live Job Posts or other details that we deem equivalent to a Live Job Post; or
2.2.3. contact details, including your own, which shall include without limitation email addresses, telephone numbers, postal addresses and website addresses;
2.3. Through your Recruiter/Advertiser Page you are given the option to purchase one or more of the services listed on the Website, which may include advertising, Live Job Posts, access to CVs, direct communication with graduates via the Brightgrad internal mail system, the opportunity to display your logo in a prominent area of the Website that we provide for this purpose (a “featured recruiter/advertiser page”) or such other services that we choose to provide through the Website from time to time (collectively “the Recruiter/Advertiser Services”).
2.4. If you register as a recruiter/advertiser member before the end of the pre-registration phase on 12 August 2008(“the Launch Date”) you automatically receive an unlimited number of Live Job Posts during the period from the Launch Date until 31December 2008 (“the Offer Period”) During the Offer Period any Live Job Posts that you purchase as part of the Recruiter/Advertiser Services will remain unchanged irrespective of the number of Live Job Posts that you upload or otherwise display on the Website. At the end of the Offer Period the unlimited Live Job Posts facility will terminate and any Live Job Posts uploaded or otherwise submitted on to the Website from the end of the Offer Period will count against the number of Live Job Posts contained in your Recruiter/Advertiser Services. All Live Job Posts uploaded or otherwise displayed on the Website during the Offer Period are subject to the Terms of Use and Services and the specifications for Live Job Posts as set out on the Website during the Offer Period.
2.5. If you register as a recruiter/advertiser member before the Launch Date, you accept that you will not be able to upload or otherwise display Live Job Posts from your Recruiter/Advertiser Page until after the Launch Date. However we may at our discretion, invite you to provide us with your Live Job Posts before the Launch Date so that we may display these on the Website on the Launch Date. Any Live Job Posts that you provide to us before the Launch Date will be counted against the unlimited Live Job Posts available to you after the Launch Date and not against any Live Job Posts that you purchase as part of your Recruiter/Advertiser Services.
2.6. By purchasing the Recruiter/Advertiser Services you agree that:
2.6.1. The information you provide on your Recruiter/Advertiser Page or as part of the Recruiter/Advertiser Services shall be true and accurate and where this information contains the name or pictorial representation of another living person and/or can identify another living person, you have obtained authorisation from that living person to make use of their name or image;
2.6.2. We have no obligation to provide the Recruiter/Advertiser Services to you unless and until you are registered as a member and we have sent the confirmation email to you in accordance with the Terms of Use and Services;
2.6.3. If for any reason your membership of the Website terminates, you remain responsible for any part or whole of the Recruiter/Advertiser Services you have purchased but not used at the date on which your membership terminates;
2.6.4. We may at our complete discretion and without prior notice report to the relevant authority any Member Content or Recruiter/Advertiser Services which in our reasonable opinion is being used for an improper or illegal use and we may disclose information to third parties where we deem it necessary to protect our interests and the interests of our members;
2.6.5. We shall use reasonable endeavours to provide the Recruiter/Advertiser Services from the start date or the Launch Date whichever is the later, but we are not liable for any consequences arising from any errors or delays in providing the Recruiter/Advertiser Services and we may alter, decline, cancel or remove any Recruiter/Advertiser Services at any time and without prior notice or providing reasons;
2.6.6. You may submit one logo to us to be displayed on a featured recruiter/advertiser page but the decision to display your logo and the manner of its display are at our sole discretion. Any logo that we display on a featured recruiter/advertiser page is subject to the Terms of Use and Services but we can refuse to display your logo for any reason and without liability to you;
2.6.7. You have full responsibility for your use of the Website and accordingly you accept liability for any third party use of the Website, including by your agents, employees or sub-contractors, which is permitted by you and is in breach of the Terms of Use and Services;
2.6.8. You will use your reasonable endeavours to prevent the unauthorised use of the Website and the Recruiter/Advertiser Services;
2.6.9. You do not acquire any proprietary rights in relation to the Website or Member Content and particularly in CVs or in any additional information provided by graduate members;
2.6.10. You will not resell any Recruiter/Advertiser Services to third parties, including without limitation access to CVs, Live Job Posts and advertising, unless first disclosed and agreed with us;
2.6.11. If you do resell Recruiter/Advertiser Services without first disclosing and agreeing such with us we shall be entitled in addition to our right to terminate your membership and without liability to you, to remove all Recruiter/Advertiser Services then being provided;
2.6.12. You will comply with the Privacy Policy and your obligations under the Data Protection legislation in relation to Member Content (whether your own or that of another member);
2.6.13. The Recruiter/Advertiser Services may be limited in either number or time, as set out on the Website in the specifications for the particular services that you purchase or in the Terms of Use and Services
2.6.14. The Website sets out where particular Recruiter/Advertiser Services require you to enter in to a rolling subscription (the “Rolling Recruiter/Advertiser Services”) which expires and automatically renews on the last day of each month (“the renewal date”);
2.6.15. If you choose a Rolling Recruiter/Advertiser Service we shall use reasonable endeavours to email you up to five working days before the renewal date to remind you that unless you notify us that you do not wish to renew, the Rolling Recruiter/Advertiser Service automatically renews on the Terms of Use and Services set out on the Website at the renewal date; and
2.6.16. If you notify us that you do not wish to renew the Rolling Recruiter/Advertiser Service, we shall cease providing the same to you from the renewal date following the date that we receive such notice.
2.7. If your Recruiter/Advertiser Services (and/or Rolling Recruiter/Advertiser Services) include advertising you also agree that:
2.7.1. The Website shall only be capable of supporting CPM Banner adverts from 31 October 2008 (“the Advertising Start Date”). In respect of our obligations to you for advertising services that you purchase prior to the Advertising Start Date, references in the Terms of Use and Services to start date shall mean the Advertising Start Date;
2.7.2. Once you have submitted an advert for display on the Website you may not modify it in any way unless specifically agreed in writing with Brightgrad;
2.7.3. We shall use reasonable endeavours to make the advert available for display on the Website from the start date or within 24 hoursof us receiving the advert from you, whichever is the later;
2.7.4. The positioning of adverts on the Website is at our sole discretion and subject only to any specifications set out in the Recruiter/Advertiser Services on the Website on the start date;
2.7.5. Any advert that you submit for display on the Website is randomly selected by our system for display and periodically rotated with adverts of other recruiter/advertiser members;
2.7.6. The number of times an advert can be displayed on the Website is reduced each time the advert is selected for display and is subject to the limits set out in the Recruiter/Advertiser Services that you choose. You can increase the number of times the advert can be displayed by purchasing the relevant Recruiter/Advertiser Services but this is subject to the Terms of Use and Services and the fees set out on the Website;
2.7.7. The advert must not contain:
2.7.7.1. references to products or services connected to pyramid selling, distributorship, sales agency arrangements or other business opportunities that require an upfront or periodic payment, pays commissions only (or nominal salary) or requires the recruitment of others including sub-distributors or sub-agents;
2.7.7.2. references to Live Job Posts where these form part of your Recruiter/ Advertiser Services; or
2.7.7.3. contact details, including your own, which shall include without limitation email addresses, telephone numbers, postal addresses and website addresses;
2.7.8. The advert complies with the specifications set out on the Website for adverts of its type, including but not limited to requirements of size, format and compatibility;
2.7.9. The advert is lawful and complies with all relevant advertising codes and the display of the advert on the Website will not breach any agreement or infringe the rights of any person or result in liability for Brightgrad and you agree to indemnify Brightgrad for all costs, claims, damages, loss, expenses and liabilities that arise as a result of this warranty being incorrect; and
2.7.10. We have not made any guarantees or representations as to the number of times the advert is selected for display or usage statistics for any advertisement and we reserve the right to cancel or reject any advertisement at any time and particularly if it fails to comply with applicable laws, regulations, the Terms of Use and Services, the Privacy Policy or it is no longer functioning correctly or we deem it unsuitable for linking to the Website.
2.8. If your Recruiter/Advertiser Services (and/or Rolling Recruiter/Advertiser Services) includes Live Job Posts, you also agree that:
2.8.1. Each and every Live Job Post shall relate to a single specific current graduate job and not generic job descriptions and in the event Live Job Posts do relate to generic job descriptions, or contain text or other material that is in breach of the Terms of Use and Services or the Privacy Policy, we reserve the right to remove such Live Job Posts without liability to you and you acknowledge that you have no claim against us for losses incurred in these circumstances;
2.8.2. Live Job Posts must not contain unnecessarily repeated words or phrases that may cause a false positioning in the search results seen by members;
2.8.3. Live Job Posts must not contain contact details, including your own, which shall include without limitation email addresses, telephone numbers, postal addresses and website addresses;
2.8.4. Unless otherwise specified on the Website, Live Job Posts shall be displayed on the Website for a period of 28 days from and including the date on which the Live Job Post is first uploaded on to the Website;
2.8.5. Unless you choose a Rolling Recruiter/Advertiser Service, there is a limit on the number of Live Job Posts as set out in the Recruiter/Advertiser Services that you choose. You may if you wish, purchase additional Live Job Posts in accordance with the Terms of Use and Services and by paying the fees set out on the Website;
2.8.6. Where reference is made to unlimited Live Job Posts this is subject to fair use of this service and if we become aware that you are abusing this service, we reserve the right to immediately stop providing this service to you and we are not responsible for any losses incurred by you in these circumstances;
2.8.7. Once a Live Job Post is displayed on the Website it cannot be modified in any way. The modification (however minor), refreshment, renewal, repositioning of any Live Job Post or re-activation of an expired Live Job Post shall constitute the use of a new Live Job Post and be set against the number of Live Job Posts provided in your Recruiter/Advertiser Services;
2.8.8. We do not monitor or edit the content of any Live Job Posts unless required to do so by law or where we reasonably believe that such action is required to protect our interests or the interests and safety of our members or the continuing operation of the Website;
2.8.9. Copies of Live Job Posts displayed on the Website shall be sent periodically by email and/or SMS to relevant graduate members who have not opted out of receiving such communications; and
2.8.10. To the extent permitted by law, any Live Job Post must not encourage responses from persons under the age of 18 years and who have not undertaken at least one higher education course, equivalent level vocational course or local equivalent if outside the UK.
2.9. If your Recruiter/Advertiser Services (and/or Rolling Recruiter/Advertiser Services) includes access to CVs and/or communications with graduate members, you agree that:
2.9.1. Your access to CVs and communications with graduate members is subject to the Terms of Use and Services, the Privacy Policy and the specifications for these services set out on the Website on the start date;
2.9.2. Your access to CVs is limited to the Primary CV of those graduate members who are of interest to you and your access to CVs other than the Primary CV is at the discretion of the graduate members;
2.9.3. You will access CVs and communicate with graduate members in relation to specific Live Job Posts only and will not offer graduate members any other services;
2.9.4. You will not access CVs or communicate with graduate members in relation to employment opportunities that are not contained within a specific Live Job Post;
2.9.5. You will not communicate with graduate members in order to connect to or otherwise join a graduate member’s network nor to invite a graduate member to connect to or otherwise join your network;
2.9.6. If we receive complaints from graduate members or become aware of graduate members being contacted for any purpose other than in relation to specific Live Job Posts, we reserve the right to terminate your membership and suspend the Recruiter/Advertiser Services without liability to you and you accept that you have no claim against us for losses incurred in those circumstances;
2.9.7. We cannot guarantee the number of new CVs that become available whilst you are a member;
2.9.8. We shall use reasonable endeavours to make Primary CVs available for search within 24 hours of submission by the graduate member;
2.9.9. You will use CVs and obtain such information from graduate members as is necessary to establish whether or not their level of experience and qualifications are suitable for particular Live Job Posts;
2.9.10. You will keep confidential all CVs and other information supplied to you by graduate members, Brightgrad or its agents;
2.9.11. Unless otherwise set out in the Terms of Use and Services, you will not submit, copy, sell, distribute or otherwise make available any CVs or Member Content to any person and including but not limited to recruitment agencies or similar third party employment agencies;
2.9.12. The number of CVs that you can access and the time period during which you may communicate with graduate members are subject to the limits set out in the Recruiter/Advertiser Services that you choose. You may purchase additional services in order to increase the number of CVs that you can access and/or extend the period during which you can communicate with graduate members but this is subject to the Terms of Use and Services and the fees and specifications set out on the Website;
2.9.13. Where reference is made to unlimited access to CVs this is subject to fair use of this service and if we determine that you are abusing this service, we reserve the right to immediately stop providing this service to you and we are not responsible for any losses incurred by you in these circumstances; and
2.9.14. You may access a graduate member’s CV once and download one copy in to your Recruiter/Advertiser Page for the purposes set out above. If you search for and/or access the same CV more than once from anywhere other than your Recruiter/Advertiser Page, then each time you access it in this manner will count against the number of CVs that you are permitted to access under your Recruiter/Advertiser Services.
2.10. Payment
2.10.1. You agree to pay the fees set out on the Website (and as revised from time to time) relating to the Recruiter/Advertiser Services that you choose. All fees are exclusive of VAT or similar sales taxes for which you are additionally liable.
2.10.2. For Recruiter/Advertiser Services, payment must be made in the manner set out on the Website at the time you purchase.
2.10.3. For Rolling Recruiter/Advertiser Services you must provide us with valid credit card or debit card details in order to set up a direct payment system. We shall debit your credit or debit card for payment of the first month’s fee for Rolling Recruiter/Advertiser Services when you subscribe and you authorise us to use your card details to take further payments on each subsequent renewal date until we receive notice from you that you do not wish to renew the Rolling Recruiter/Advertiser Service. Where we receive notice that you do not wish to renew the Rolling Recruiter/Advertiser Services, we agree to terminate the direct payment system after taking the final payment on the renewal date following receipt of such notice.
2.10.4. We may authorise a third party to collect and receive payment of the fees on our behalf.
2.10.5. In the event that we refuse to provide the Recruiter/Advertiser Services to you for whatever reason and therefore do not send the confirmation email to you, we agree to return to you the monies received in connection with the Recruiter/Advertiser Services that we have refused to provide and without further liability to you.
2.10.6. If you exercise your right to terminate the Recruiter/Advertiser Services as set out in clause 2.11.1 below, we shall return monies received from you in connection with Recruiter/Advertiser Services that you wish to terminate and we may also terminate your membership of the Website but in each case without further liability to you.
2.11. Termination of Recruiter/Advertiser Services (including Rolling Recruiter / Advertiser Services)
2.11.1. You have the right to cancel your Recruiter/Advertiser Services within 7 working days of the date of the email confirmation by sending notice of your intention to cancel in accordance with the Terms of Use and Services. However if at your request, we begin performing the Recruiter/Advertiser Services in whole or in part at any time before the end of the cancellation period stated above, your right to cancel will be lost and any fees paid in respect of the Recruiter/Advertiser Services will be forfeited to us.
2.11.2. We reserve the right to terminate the Recruiter/Advertiser Services and to suspend your membership details where we:
2.11.2.1. reasonably believe you are in breach of the Terms of Use and Services and/or the Privacy Policy;
2.11.2.2. receive notification of your insolvency or bankruptcy; or
2.11.2.3. you do not pay the fees within 28 days of the due date and in these circumstances the outstanding amount is subject to interest at 6% above the base rate of HSBC Bank Plc.
3. Liability
3.1. We are not liable to you or any third party for any loss of profits, loss of business, loss of Member Content or Third Party Content, business interruption, cost of replacement services, indirect or consequential or special losses or damages of any type whatsoever or howsoever caused, and your exclusive remedy for any claim, loss or damage related to any Graduate Services, Recruiter/Advertiser Services or your use (or inability to use) the Website shall be limited to the aggregate value of the relevant services that you purchased through the Website during your membership, which shall in all cases be limited to a maximum of £2000.00 (Two Thousand Pounds) and where no charge has been paid for the services we have provided to you, you accept that you are not entitled to claim damages, unless otherwise permitted by law, irrespective of the type of claim made.
3.2. Nothing in the Terms of Use and Services shall preclude our liability in respect of personal injury or death arising from our negligence or prevent either us, or our members, from seeking injunctive relief.
3.3. To the extent permitted by law, we make no representations, warranties, express or implied, in relation to the Website, the Graduate Services, the Recruiter/Advertiser Services or the functionality, performance or results relating to the same.
4. Indemnity
4.1. You agree to indemnify, defend and hold Brightgrad and its employees, directors, officers, agents, partners and contractors harmless against any claims, actions, loss, liability, costs and expenses including, without limitation, reasonable legal and accounting expenses resulting from:
4.1.1. any Member Content;
4.1.2. any Website Content that you use;
4.1.3. your breach of the Terms of Use and Services;
4.1.4. your use of the Recruiter/Advertiser Services;
4.1.5. your use of the Graduate Services;
4.1.6. any claims made by persons in respect of race, sex, religion, age or disability discrimination;
4.1.7. infringement of the proprietary rights of another;
4.1.8. publication of any defamatory or otherwise offensive statement; and
we shall notify you of any such claim and you agree to co-operate fully, at your expense, in defending any such claim.
5. Termination
5.1. In addition to the provisions for termination set out elsewhere in the Terms of Use and Services, we reserve the right to pursue all lawful remedies, including but not limited to deleting Member Content, terminating member registration and preventing further access to the Website, against any member who we consider to be in breach of the Terms of Use and Services. Where we find a member to be in breach of the Terms of Use and Services, the decision to terminate that member’s subscription shall be final and binding upon the member.
5.2. Subject to the remainder of the Terms of Use and Services, you may terminate your membership of the Website and cancel the services being provided at any time, by giving to us one months notice in accordance with the Terms of Use and Services.
5.3. Immediately upon termination of your membership, all licences granted to you under the Terms of Use and Services for whatever purpose shall cease.
6. Jurisdiction
6.1. The laws of England and Wales govern the Terms of Use and Services and jurisdiction to hear any claims or disputes arising under the Terms of Use and Services shall lie exclusively with the English Courts.
6.2. We do not warrant that the Website or Website Content may be lawfully used, viewed or otherwise accessed outside the UK and if you do access the Website from outside the UK you do so at your own risk and are responsible for compliance with the laws of that locality.
7. Force Majeure
We are not liable to you for a breach of the Terms of Use and Services which arises out of circumstances beyond our reasonable control and includes without limitation, acts of God, fire, flood, perils of the sea or air, drought, explosion, embargo, riot, sabotage, telecommunications and utilities failure, acts of local government and parliamentary authority, civil commotion, breakdown of plant or machinery or software or hardware.
8. Miscellaneous
8.1. Nothing in the Terms of Use and Services is intended to confer on any person a right to enforce the Terms of Use and Services under the Contracts (Rights of Third Parties) Act 1999.
8.2. Unless otherwise expressly provided or contained in additional or supplemental terms on the Website, the Terms of Use and Services constitute the entire agreement with our members in respect of the use of the Website and the services we offer through the Website.
8.3. If we fail to enforce a right or provision of the Terms of Use and Services, it shall not constitute a waiver of that right or provision either at the time of the failure to enforce or in the future.
8.4. If any provision of the Terms of Use and Services is found to be invalid, unlawful or unenforceable by a court having competent jurisdiction, that provision shall be deemed severable from the remaining Terms of Use and Services and not affect the validity and enforceability of the remaining terms.
8.5. Your rights and obligations under the Terms of Use and Services may not be directly or indirectly assigned or sold or otherwise transferred in whole or in part. We may assign our rights and obligations under the Terms of Use and Services at any time.
8.6. Notices provided under the Terms of Use and Services shall be sent by email to the email address that you provide at registration or such other email address as you may notify to us from time to time. Any notices or other correspondence with us under the Terms of Use and Services must be sent to the Website Administrator to info@brightgrad.com or such other email address as we list in the Terms of Use and Services for this purpose from time to time.
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