We own four websites, as follows:
Each of these is a Website and together they are the Websites for the purposes of these terms and conditions. A reference to the Website is a reference to each of them. Your access to either Website is subject to these terms and conditions.
Each Website is being run by WM People Limited a company incorporated and registered in England and Wales (Company no: 5714476/VAT reg no. 877 6054 83). If you do not agree to these terms you should not use a Website. Therefore by continuing to use a Website you agree to be bound by these terms and conditions and agree that you will not use the Website(s) for any purpose that is unlawful or prohibited by these terms and conditions (the “Conditions”).
The Websites allow corporate subscribers to advertise jobs, business opportunities and services and allows Users to register their career profile for job opportunities and access to other content.
In order to simplify these Conditions, it is useful to provide a definition for certain words and phrases. Where the following words or phrases are used in these Conditions, this is what is meant (unless the particular context clearly requires an alternative interpretation):
“Advertisements” – Job opportunities, products, events, services, business opportunities, hypertext links to other websites and career profiles and anything else submitted electronically to the Websites by Customers for posting on the Websites.
“Advertiser”- includes but is not limited to any of the following “Jobs Advertiser” “Business Opportunities Advertiser” “Website Advertiser” “Publisher” “Sponsor” and any other company or person placing Advertisements on the Websites from time to time.
“Business Opportunities Advertiser” – the business opportunity provider / franchisor advertising its business opportunity / franchise on the Websites.
“Company” – the corporate body which owns the Websites.
“Jobs Advertiser” – a company or person advertising its jobs on the Websites.
“Customers” – Users and Advertisers.
“Publisher” – a company or person with text or images published on the Websites.
“Purpose” – the potential recruitment of Users and administrative functions ancillary to online recruitment through use of the Services.
“Services” – services provided via and on the Websites including placing of Advertisements on the Websites.
“Sponsor” – a company or person with sponsored material on the Websites.
“Users” – users of either or both of the Websites who have applied and who have been accepted by the Website(s) as Customers enjoying certain extra privileges such as being able to place their career details/resumee/CV on the Website(s) for viewing by Advertisers.
“Website Advertiser” – a website provider posting an advert or hypertext link to its website on the Website.
A REFERENCE TO WE OR US OR THE COMPANY WITHIN THESE CONDITIONS IS A REFERENCE TO WMPEOPLE LIMITED (05714476) A COMPANY INCORPORATED AND REGISTERED IN ENGLAND AND WALES.
DISCLAIMER: THE WEBSITES ALLOW USERS TO FIND OUT ABOUT JOB OPPORTUNITIES AND SERVICES AIMED AT USERS AND EMPLOYERS OR SERVICE PROVIDERS TO ADVERTISE JOBS OR SERVICES ON A WEBSITE DESIGNED SPECIFICALLY FOR USERS OF A TARGET MARKET.
PLEASE NOTE THAT THE SERVICES ADVERTISED ON THE WEBSITES OR JOBS BEING OFFERED ON THE WEBSITES ARE NOT BEING OFFERED BY THE COMPANY AND THE COMPANY DOES NOT RUN ANY BACKGROUND CHECK OR VET ITS CUSTOMERS.
THE COMPANY AND THE WEBSITES CANNOT BE HELD LIABLE FOR ANY SERVICES OFFERED VIA THE WEBSITES OR ANY EMPLOYERS POSTING JOBS ON THE WEBSITES. BEFORE PURCHASING ANY SERVICES FROM, ACCEPTING ANY JOB OR ATTENDING ANY INTERVIEW WITH AN ADVERTISER, A USER SHOULD ENSURE THAT THEY HAVE CARRIED OUT ADEQUATE RESEARCH TO ENSURE THAT THE ADVERTISER IS BONA FIDE.
SIMILARLY THE COMPANY AND THE WEBSITES DO NOT RUN ANY BACKGROUND CHECKS OR VET THE USERS IN ANY WAY AND CANNOT BE HELD LIABLE TO ADVERTISERS WHO SHOULD CARRY OUT ALL DUE DILIGENCE INCLUDING REFERENCE CHECKS ON ANY USER BEFORE PROVIDING SERVICES OR EMPLOYMENT TO ANY USER.
THE CONTENTS OF THE WEBSITES DO NOT CONSTITUTE ADVICE AND SHOULD NOT BE RELIED UPON IN MAKING OR REFRAINING FROM MAKING ANY DECISION.
1. WEBSITE REGISTRATION/SERVICE
the Website requires its Customers to provide correct registration details to be eligible to use its Services. Advertisers must (i) provide the Website with accurate contact details, and (ii) be held responsible in reporting to us any and all changes to this information.
2. MEMBER’S ACCOUNT, PASSWORD, SECURITY
upon registration, Customers will receive their profile log in details, where they can access the Website. It is the responsibility of the Member to keep their username and password confidential so that no unauthorised person may access the Website on behalf of the Member.
The Website is not responsible for edits made to a Member’s content information without your consent due to reasons beyond our control. Member must notify the Website immediately upon discovering any unauthorized use of your account.
3. EMAIL COMMUNICATIONS
4. ORDERING PROCESS
prior to any Advertisement’s publication by us on the Website, payment is required in accordance with Condition 6. For Advertisements submitted to us for publication through the Website, an invoice will be produced immediately upon an Advertiser’s submission. For Advertisements submitted to us by email, we will produce an invoice for payment and this will be returned to you by way of email with a purchase order number. This invoice is payable in accordance with Condition 6 and upon receipt of payment we will endeavour to publish the Advertisement in accordance with Condition 5.
If an Advertisement is submitted by way of email to us, we may in our absolute and unfettered discretion agree to publish an Advertisement without payment in advance of such publication. If we exercise our discretion and publish an Advertisement without payment in advance from a Member, this shall under no circumstance be (i) interpreted as a waiver of our right to payment (in full) in accordance with the invoice submitted or (ii) taken to mean that payment of our invoice is conditional upon the success of any Advertisement including but not limited to any interview or job offered.
Any publication of an Advertisement by us without payment in advance from a Member does not derogate from the terms of any invoice for payment raised and upon our publication of an Advertisement, a Member irrevocably and unconditionally agrees to the amount and terms of any invoice so raised without any set off, deduction, or conditional arrangement.
Unless otherwise confirmed in writing, we shall be deemed to have accepted your Advertisement submission upon the earlier of (i) receipt of payment or (ii) our publication, at which point a contract is formed with us.
unless agreed in advance in writing with us, all Advertisements must be submitted electronically by Advertisers through the Website and the relevant fees must be paid at the point of submitting the Advertisement online. We will not accept an Advertisement submission unless we have received payment in full from you or confirmed otherwise in writing. Jobs submitted by Advertisers will remain advertised on the Website for up to one calendar month after our publication. After this time the Job advertisement will be removed unless renewed by the Jobs Advertiser as outlined below. Unless otherwise confirmed in writing by us, the Company will make every effort to post Advertisements on the Website within 2 working days of our acceptance of your submission. The Company cannot however be held liable for any failure to post any Advertisement on the Website in this timeframe or at all. The Advertiser will be liable for the fees payable for the Services in accordance with the “Payment” section below. At all times, the Customers are solely responsible for submitting the Advertisements to us. The Company will not be liable for or responsible for checking the content of the Advertisements to ensure that it is correct, accurate, complete or that it does not contain any errors. The Customers will keep the Advertisements up to date and ensure that each and every Advertisement is correct at all times. The Company is not responsible for misuse or theft of uploaded intellectual property. Customers upload materials protected by intellectual property rights at their own risk and the Website cannot take any responsibility in relation to such rights. By uploading any intellectual property rights to the Website, Customers confirm to us that they own the rights so uploaded or have the full and unconditional authority of the proprietor to use and upload the intellectual property rights to a public domain. The Company reserves the right to refuse publication of an Advertisement if it is deemed unsuitable for our audience, or discriminatory in any way. We may in our unfettered and absolute discretion make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly. The Company will no longer accept adverts promoting network marketing opportunities. For all other self employed opportunities, featured on the Website, Advertisers must adhered to our guidelines. ADVERTISING GUIDELINES FOR SELF EMPLOYED OPPORTUNITIES
7. MISSED PAYMENTS
if you miss a payment we will send you a reminder to pay the outstanding debt within 7 working days. If we do not receive payment we will suspend your account until payment and you shall have no rights or remedies against us in respect of any such suspension.
you can end Advertisements online by using the account management option or by e-mailing email@example.com. No refunds are available for any cancelled Advertisement. To avoid being charged recurring monthly advertising fees, where such fees have been agreed in advance with the Company, the Company must receive your cancellation notice before the first day of the month or one week in advance of your advert expiring. This shall not apply to Advertisements that are purchased for a period longer than one month. All fees are non-refundable and non-transferable. The Company operates a strict no refund policy. The Advertisements of Customers who cancel their membership, or fail to make a proper prepayment, may be removed at any time in our absolute discretion.
9. DATA & SUBSCRIPTIONS
you may unsubscribe and cease to be a Member of the Websites at any time. To unsubscribe notify us by sending an email to firstname.lastname@example.org. We do not charge termination or cancellation charges. However you will be required to pay any outstanding debts owing to the Company within 30 days of any cancellation or termination.
10. ADVERTISER DATA OBLIGATIONS
The Company is committed to ensuring the protection of personal data belonging to and concerning Users. If you are an Advertiser, then you will have access to certain personal data belonging to and concerning Users. We will share the personal data of Users with you solely for the Purpose.
As an Advertiser, you are solely responsible for the maintenance and protection of any personal data that you receive from us via the Services. To ensure that the personal data of Users is protected in accordance with legislative frameworks, as an Advertiser you warrant and represent to us that:
You are advised to regularly check the Website for any updates to these Conditions.
As an Advertiser, you shall, and shall use all reasonable endeavours to procure that any third party shall, execute and deliver such documents and perform such acts as may be required for the purposes of giving full effect to this Condition 10.
You as an Advertiser shall indemnify the Company against all claims, costs, damages, losses, expenses and liabilities suffered or incurred by the Company for any failure of yours under this Condition 10.
11. WEBSITES AND THE ADVERTISING CONTENT
The Company makes no representation or warranty that the whole or part of the Website will be accessible at all times, or useable by all Users and/or Customers, or error free. The Company reserves the right without notice to a Member, to suspend temporarily or alter the operation of the Website, for legal or technical reasons. The Company will try to give the Customers as much notice where possible either by email or telephone or posting notice on the Website. You are required to check the Website on a regular basis for any such updates. The Member will ensure the Advertisements or any other information provided by the Advertiser is legal, decent, honest, truthful, accurate and not misleading in any way and the Member will not use the Website for fraudulent or illegal purposes or any other purposes likely to cause offence. The Member will ensure the Advertisements comply with all the applicable legislation, regulations, codes and guidelines applicable to such advertising content being advertised on the Website. The Member will ensure the Advertisements do not contain material that is obscene, blasphemous, defamatory, infringing on any rights of any third party or otherwise legally actionable by such third party. The Company will have sole control over the “look and feel” of the Website, including the Advertisements and the display, appearance and placement of the Customers’ respective names and/or brands. If you are an Advertiser, you grant to us a non exclusive royalty free licence to display and use your names, logos, brands, and domain names on the Website and other marketing materials that we may produce from time to time. This licence shall cease automatically upon us ceasing to provide Services to you.
12. FRANCHISE MODEL
13. EQUAL OPPORTUNITIES
the Company takes the matter of equal opportunities very seriously. When using the Website you should ensure that you comply with all legislation regarding equal opportunities including not discriminating on any of the protected characteristics as provided for by the Equality Act 2010.
14. EMPLOYMENT AGENCIES
Employment agencies are bound by certain legislation including new regulations (the Conduct of Employment Agencies and Employment Businesses Regulations 2004). When posting jobs or forming agreements with the Company, you agree to fully comply with these regulations and any other legislation.
15. CHANGES, DELETION BY THE ADVERTISER
the Company may delete any Advertisements from the Website or refuse to post any Advertisements to the Website for any reason whatsoever including but not limited to if: the content of such an Advertisements is not consistent with the Website’s reasonable advertising standards from time to time in effect; or is likely to breach any applicable law or regulation; the Advertiser has breached or threatened to breach the terms of these Conditions; or the content of any Advertisement is obscene, blasphemous, defamatory, or infringes the intellectual property rights of any third party. The Company reserves the right to: move, change the position of, or reduce or increase the size of any advertising content on the Website at any time if necessary or desirable for organisational or presentational reasons.
16. SHORTLISTING SERVICE
we run a paid for shortlisting service whereby Advertisers will pay a premium for their job advert to be designed and advertised, and the Company will undertake the work of shortlisting all applications via agreed written criteria to deliver a set of shortlisted CVs to the Advertiser who has paid for the shortlisting service. The number of applications will vary depending on the role in question. The maximum shortlist of CVs which will be delivered is 10.This activity will run over a period no longer than two months and will be invoiced on day one of the service, with standard 30-day payment terms. During this campaign the Company will act as a representative of the Advertiser and will undertake sending out rejections on behalf of the Advertiser for those applications which do not reach the shortlist and/or interview stage. Completion of this service is upon acceptance of the final shortlist and does not include arranging interviews or interacting with the candidates past this event. Notwithstanding the 30-day payment term for any shortlisting service, the invoice produced on day one of the service is payable in full without set off or deduction. The invoice is payable in full within the stated time frame and is not conditional upon the Advertiser interviewing and or hiring any User selected by us through the shortlisting service. If the Advertiser does not interview and or hire any individual selected by us following the shortlisting service, there will be no refund or deduction of fees of any kind and the Advertiser will remain liable for the full payment of our invoice produced.
17. LINKS TO THIRD PARTY WEBSITES
the Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites or for any damage or loss caused by visiting any third party websites.
the contents of the Websites are protected by international copyright laws and other intellectual property rights. The owner of these rights is the Company, its affiliates or other third party licensors. All product company names and logos mentioned in our Website are the trade marks, service marks or trading names of their respective owners, including where appropriate us. You may not download material from these Websites. Additionally, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner or information on or downloaded from our Websites including but not limited to text, graphics, video, messages, code and or software without our prior written consent. All copyright, trade marks and all other intellectual property rights in the Websites and their content (including without limitation the Websites design, text, graphics and all software and source codes connected with the Websites) are owned by or licensed to the Company or otherwise used by the Websites as permitted by law.
19. DISCLAIMERS AND LIMITATION OF LIABILITY
the Websites are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, neither the Company nor the Websites will in any way be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Websites. The Company makes no warranty that the functionality of the Websites will be uninterrupted or error free, that defects will be corrected or that the Websites or the server that makes them available are free of viruses or anything else which may be harmful or destructive. Nothing in these Conditions shall be construed so as to exclude or limit the liability of the Company for death or personal injury as a result of the negligence of the Company or that of its employees or agents. If the Company is liable to a Member for any reason, our liability will be limited to the amount paid for the Services concerned. This limit does not apply to any liability the Company may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation. Customers are responsible for ensuring that their computer systems meet all relevant technical specifications necessary to use these Websites and are compatible with the Websites. Customers also understand that the Company cannot and does not guarantee or warrant that any material available for downloading from the Websites will be free from infection, viruses and/or other code that has contaminating or destructive properties. Advertisers are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy their particular requirements for the accuracy of data input and outputs. Customers agree to indemnify and hold the Company and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Websites arising out of any breach by you of these Conditions or other liabilities arising out of your use of these Websites.
if any of these Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Condition shall be severed and the remaining Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
21. GOVERNING LAW- ENGLAND & WALES
these Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
all notices shall be given: To us via e-mail at email@example.com or by post at wmpeople Ltd, 54 Sun Street, Waltham Abbey, Essex, EN9 1EJ. To Customers, via the email of record being the email address provided during the subscription process as may be updated by you from time to time. Notices provided electronically to this email address will be deemed to be valid notice. Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or in the case of post on the seventh day after the date of posting.