Terms and Conditions of Supply
Terms and Condition of Supply
Terms and Conditions of Supply
This page (together with the documents referred to on it) tells you the terms and conditions on which we provide you with services and provide you with any information and supply any services listed on our website www.finalcrit.com (our site) to you. Please read these terms and conditions carefully before you register on our site in particular we draw your attention to paragraph 12 (Our Liability). You should understand that by registering on our site you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to register on our site.
INFORMATION ABOUT US
www.finalcrit.com is a site operated by Finalcrit Limited (we). We are registered in England and Wales under company number 5912878 and with our registered office at Robson Welsh, Queen Insurance Buildings, 7 Queen Avenue, Dale Street, Liverpool, L2 4TZ.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After registering on our site, you will receive an e-mail from us acknowledging that you have registered. Please note that this does not mean that you will be entitled to use our services and/or download any information posted on our site. Your registration constitutes an offer to us to provide you with services and information. All registrations are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail (Confirmation Email). The contract between us (Contract) will only be formed when we send you the Confirmation Email.
OUR SERVICES
Our site is a useful tool for individuals, employers and recruitment agencies/consultants.
If you are an individual our site will enable you to create and update a portfolio and CV on-line. Our site also provides associated on-line resources including but not limited to communication tools (messaging), information contributed by others (tutorials, articles, news, reviews, competitions, events & exhibitions), career tools (CV builder, featured jobs and job alerts),
If you are a recruiter or someone who is looking for suitable candidates for a job vacancy (Recruiter) our site will enable you to post a vacancy which will then be advertised on the job board on our site.
It is completely free to register on our site. We reserve the right to refuse to provide services to any person / organisation for any reason at any time.
If you are an INDIVIDUAL:
A. You will be entitled to a free portfolio and you will have the ability to upload 100 high resolution images and your CV to the portfolio once you register. The free portfolio contains 8 folders. This service is provided free of charge provided that you register on our site
B. You will be entitled to one free portfolio and you agree you may not hold more than one free portfolio.
C. You must upload a minimum of three images to your portfolio otherwise your portfolio will not be visible to others on our site. The maximum image size which you can upload to your portfolio is 2Mb.
D. Your portfolio will remain on our site for as long as you log onto your account every 365 days. If you fail to log onto your account every 365 days your portfolio, CV and your entry on our site will be removed and your account will be closed. Upon closure of your account all the information and files, except for the registration details, which you have uploaded to our site, will be deleted immediately and permanently. Once the information has been removed it cannot be recovered once your account has been cancelled. You may register on our site again, but you will be required to register and upload your images, text and CV again.
E. You agree not to contact other individuals through our site to alert them of any job opportunities or to offer them employment.
If you are a RECRUITER:
A. If you decide to post jobs on our site you will be able to purchase job credits. One credit will allow you to post one job on our site for 30 days. You will be charged one additional credit for each additional 30 days that you wish to post that job. If you decide to post more than one job on our site you will be charged one credit per 30 days in respect of these additional jobs. Unused job credits must be used within 12 months of the date that we receive payment in relation to the job credits.
B. Further details of the services which are available to you can be found on our site. Prices will vary please see PRICE AND PAYMENT.
C. The length of time that your job vacancy will remain on our site will depend on the length of time you have selected to post that job. Please see our site for details.
D. You agree to include the details of only one vacancy per job posting.
Please note that we do not provide a data store facility we do not provide a backup of users' information. You should not rely on our site as your only storage facility and you should ensure that you have backup copies of all information which you have uploaded.
We cannot guarantee that we will publish all the information which you submit to us for inclusion on our site. We reserve the right not to publish any information for any reason at any time. We may edit any information that you submit to us at any time, which shall include but is not limited to your portfolio, CV, profile, job postings, tutorials and information presented to a group.
YOUR PORTFOLIO
This paragraph applies to you if you are an individual.
Your CV is only accessible through your portfolio.
You can adjust your privacy/exposure settings which will enable you to decide if your portfolio and your CV are visible.
Your portfolio and your CV will be visible to anyone who visits our site if you do not adjust your privacy/exposure settings.
If your current employer or a past employer is looking for a candidate for a job vacancy you should be aware that your current or past employer may see your portfolio and CV.
We cannot guarantee that anything that you upload to our site will be protected. By displaying your work on the internet you do run the risk that a third party may take screen shots or screen grabs of your portfolio. All portfolios are flash based and it should not be possible to save or download images from your portfolio.
RECRUITMENT TOOLS
We are a facilitator for the introduction between an individual and a Recruiter.
Our site is not an employment site. We do not participate in the communication between an individual and Recruiters, other than providing them with a forum to view each others details. We allow Recruiters to post opportunities and view potential candidates for employment vacancies. We allow individuals to create a portfolio and post their CV on our site. We do not screen or sensor any of the job opportunities/portfolios or any other information uploaded onto our site.
We have not approved or recommended any of the candidates, and assume no responsibility for a candidates suitability to fulfill a job vacancy. We do not check any references. We shall not be responsible for any employment decisions.
Each individual and Recruiter is responsible for contacting each other, and we are accepting no responsibility for any communication between the parties, which shall include responding to queries and any applications.
If you are a Recruiter you agree that you are responsible for administering the vacancies.
We are not acting as your agent whether you are a Recruiter or an individual and we will not place individuals with a Recruiter.
SERVICE AVAILABILITY
Our site is only intended for use by people resident in the United Kingdom individuals who reside outside the United Kingdom should not register on our site.
YOUR STATUS
By registering on our site, you warrant that:
A. you are legally capable of entering into binding contracts;
B. you are at least 18 years old;
C. you are resident in the United Kingdom;
D. you are accessing our site from the United Kingdom; and
E. all the information which you are submitting is true.
OUR STATUS
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services that you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality. We cannot give any undertaking that any information acquired from any third party websites linked to our site will be accurate and will comply with all applicable laws, and regulations. Any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
CONSUMER RIGHTS
If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you registered with us.
To cancel a Contract, you must first submit a ticket through our support desk . and then confirm this by writing to us at our postal address which is displayed on our site. In the event that you cancel a Contract any content which you have downloaded onto our site will be removed.
PRICE AND PAYMENT
It is completely free to register on our site.
Prices are liable to change at any time, any price changes will be set out on our site from time to time.
Payment for the services must be by credit or debit card. We accept payment with;
If your credit/debit card is declined we will attempt to re-charge your card two times before suspending or terminating your account. In the event that your account is suspended Finalcrit will accept no liability in relation to the loss of your job posting and other information that you may have uploaded onto our site.
TERMINATION, CANCELLATION AND OUR REFUNDS POLICY
If you are an individual and you want to cancel your account you can cancel your account by clicking the Delete Account button in your user homepage. Upon cancellation of your account all the information and files, except for the registration details, which you have uploaded to our site, will be deleted immediately and permanently. Once the information has been removed it cannot be recovered once your account has been cancelled.
If you are a recruiter and you want to cancel your account you must first submit a ticket through our support desk and then confirm this by writing to us at our postal address which is displayed on our site. Upon cancellation of your account all the information, except for the registration details, which you have uploaded to our site will be deleted immediately. Once the information has been removed it cannot be recovered once your account has been cancelled.
You can cancel your account at any time however you will not be entitled to a refund for any unused job credits on your account.
If you have unused job credits with us you will be entitled to a refund if you inform us that you no longer want to have an account on the site due to a change in our terms and conditions or a change in any of our other policies. We agree to refund you with a sum which shall be calculated by reference to the unused job credits on your account up to the time of cancellation and based on the original agreed purchase price. We will notify you of your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for the job credits. We reserve the right to use an alternative method where necessary.
You will be refunded in full if you cancel the Contract within the seven day cooling-off period (see paragraph 9.1 above).
If you are an individual or a Recruiter we may terminate your account immediately if you are in material breach of any of these terms and conditions or our site; the terms of use or the acceptable use policy or the privacy policy or upon any failure by you to pay for your job credits in accordance with these terms and conditions
We reserve the right to modify, suspend or terminate any account at any time for any reason without notice.
OUR LIABILITY
We warrant to you that any services purchased from us through our site will be of satisfactory quality.
We do not represent or warrant that access to our site or any part of it will be uninterrupted, reliable or fault free.
We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
We cannot provide any warranties in relation to any material that is uploaded to our site by our users, and we do not accept any liability in relation to any statements made by those users.
We exercise no control and bear no responsibility for the content and information displayed on any third party website that is linked to/from our site. If you access any third party websites which are linked to our site you do so at your own risk.
To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
A. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
B. the unavailability of our site (or any part of it), or any services;
C. any delay in providing, or failure to provide or make available any services or any negligent provision of services;
D. any misrepresentation on or relating to our site or the provision of services (other than a fraudulent misrepresentation made by us or on our behalf);
E. any damage caused as a result of any virus or harmful software that has been downloaded from our site.
You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase services or download information from our site you will enter into a separate contract with the supplier in each case.
Our liability in connection with any services purchased through our site is strictly limited to the purchase price of those services. This does not include or limit in any way our liability:
A. for death or personal injury caused by our negligence;
B. under section 2(3) of the Consumer Protection Act 1987;
C. for fraud or fraudulent misrepresentation; or
D. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site and services to you.
Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This paragraph does not affect your statutory rights.
NOTICES
All notices given by you to us must be given to Finalcrit Limited via our support desk . We may give notice to you at the e-mail you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our site or 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
A. Strikes, lock-outs or other industrial action;
B. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
C. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
D. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
E. Impossibility of the use of public or private telecommunications networks;
F. The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
WAIVER
If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.
SEVERABILITY
If any of these terms and Conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into the Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.
You will be subject to the policies and terms and conditions in force at the time that you register on our site, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of us notifying you our terms and conditions have been changed).
LAW AND JURISDICTION
You agree to comply with all applicable laws and regulations of the country in which you are using our services. We will not be liable for any breach by you of any such laws.
Contracts for the purchase of services through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.