BACKGROUND:
This agreement applies as between you, the User of
this Website and The British Printing Industries Federation (BPIF), the
owner(s) of this Website. Your agreement
to comply with and be bound by these Terms and Conditions is deemed to occur
upon your first use of the Website. If you do not agree to be bound by these
Terms and Conditions, you should stop using the Website immediately. The
purpose of this website is to provide a resource for individuals seeking employment
in the printing and associated industries, and to member companies seeking to
recruit such individuals.
1. Definitions and Interpretation
In this Agreement the following terms shall have
the following meanings:
"Content" |
means any text, graphics,
images, audio, video, software, data compilations and any other form of
information capable of being stored in a computer that appears on or forms
part of this Website; |
"BPIF"
"Employers'
area"
"Individuals'
area" |
means The
British Printing Industries Federation, of 2 Villiers Court, Meriden Business
Park, Copse Drive, Coventry CV5 9RN;
means the area of the
website where registered BPIF member organisations may browse the CV's of
individuals seeking employment.
Means the area of the
website where individuals seeking employment will be able to upload their
CV's. |
"Service" |
means collectively any
online facilities, tools, services or information that BPIF makes available
through the Website either now or in the future; |
"System" |
means any online communications infrastructure that BPIF makes
available through the Website either now or in the future. This includes, but is not limited to, the
Employers' area, and the Individuals' area. |
"User" / "Users" |
means any third party that accesses the Website and is not employed by
BPIF and acting in the course of their employment; and |
"Website" |
means the website that you are currently using (www.britishprint.com) and any sub-domains of this site (e.g. subdomain.www.britishprint.com) unless expressly excluded by their own terms and conditions. |
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all
Content included on the Website, unless uploaded by Users, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video clips,
data compilations, page layout, underlying code and software is the property of
BPIF, or our affiliates.By continuing
to use the Website you acknowledge that such material is protected by
applicable United Kingdom and International intellectual property and other
laws.
2.2 Subject to Clause 4 of these Terms and Conditions you may print,
reproduce, copy, distribute, store or in any other fashion re-use Content from
the Website for personal purposes only unless otherwise indicated on the
Website or unless given express written permission to do so by BPIF.Personal use includes, but is not limited to,
recreational use, social use, and use in education as a student or
teacher.Specifically you agree that:
2.2.1 you
will not use the Content of the Website for commercial purposes; and
2.2.2 you
will not systematically copy Content from the Website with a view to creating
or compiling any form of comprehensive collection, compilation, directory or
database unless given express written permission to do so by BPIF.
3. Third Party Intellectual Property
Where expressly indicated, certain Content and the
Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be
so, is not covered by any permission granted by Clause 2 of these Terms and
Conditions to use Content from the Website. Any such Content will be accompanied by a notice providing the contact
details of the owner and any separate use policy that may be relevant.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without
written permission where any of the exceptions detailed in Chapter III of the
Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not
under the control of BPIF or that of our affiliates. We assume no responsibility for the content
of such websites and disclaim liability for any and all forms of loss or damage
arising out of the use of them. The
inclusion of a link to another site on this Website does not imply any
endorsement of the sites themselves or of those in control of them.
6. Links to this Website
Those wishing to place a link to this Website on
other sites may do so only to the home page of the site www.britishprint.com without prior
permission. .
7. Use of Communications Facilities and Content Submission
7.3 When using the Employers' area and/or the Individuals' area and / or any
other System and when submitting Content to the Website you should do so in
accordance with the following rules:
7.3.3 you
must not use obscene or vulgar language;
7.3.4 you
must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content
that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.3.5 you
must not submit Content that is intended to promote or incite violence;
7.3.6 it
is advised that any content submitted to the Individuals' area and
communications with BPIF are made using the English language(s) as we may be
unable to respond to enquiries submitted in any other languages;
7.3.7 content
submissions are required to be made using the English language(s). Content in any other language may be removed
at our sole discretion;
7.3.8 you
must not post links to other websites containing any of the above types of
Content;
7.3.9 the
means by which you identify yourself must not violate these Terms and
Conditions or any applicable laws;
7.3.10 you
must not engage in any form of commercial advertising. This does not prohibit references to
businesses for non-promotional purposes including references where advertising
may be incidental;
7.3.11 you
must not impersonate other people, particularly employees and representatives
of BPIF or our affiliates;
7.3.12 you
must not submit material that may contain viruses or any other software or
instructions that may damage or disrupt other software, computer hardware or
communications networks; and
7.3.13 you
must not use our System for unauthorised mass-communication such as "spam" or
"junk mail".
7.4 You acknowledge that BPIF reserves the right to monitor any and all
communications made to us or using our System.
7.5 In order to use the Individuals' area and any other
communication facility that may be added in the future or to submit Content, you are required to submit certain personal
details. By continuing
to use this Website you represent and warrant that:
7.5.14 any
information you submit is accurate and truthful; and
7.5.15 you
will keep this information accurate and up-to-date.
7.6 BPIF will not be liable in any way or under any circumstances for any
loss or damage that you may incur as a result of the use of the website, the
submission of CV's or other content, or the accessing of CV's in the Employers'
area.
7.7 Content submitted by Users is not screened by BPIF prior to appearing
online. We retain the right to exercise
our sole discretion to remove or relocate any Content as we deem appropriate
without the consent of the author.
7.8 BPIF is not an Employment Agency and you acknowledge that we will not
check the accuracy of any information provided by individuals who submit CV's
to the website.
7.9 You acknowledge that BPIF may retain copies of any and all
communications made to us or using our System.
8. Privacy
8.10 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this
reference. To view the Privacy Policy,
please click on the link above.
8.11 Full details of the cookies used
by the Website and your legal rights with respect to them are included in our Privacy Policy. [By
accepting these terms and conditions, you are giving consent to BPIF to place
cookies on your computer or device. Please read the information contained in the Privacy Policy prior to
acceptance.]
9. Disclaimers
9.12 BPIF makes no warranty or representation that the Website will meet your
requirements, that it will be of satisfactory quality, that it will be fit for
a particular purpose, that it will not infringe the rights of third parties,
that it will be compatible with all systems, that it will be secure and that
all information provided will be accurate. We make no guarantee of any specific
results from the use of our Services.
9.13 No part of this Website is intended to constitute advice and the Content
of this Website should not be relied upon when making any decisions or taking
any action of any kind.
9.14 The information on this Website is not designed with commercial purposes
in mind. Commercial use of the Content
of this Website is forbidden under sub-Clause 2.2.1 of these Terms and
Conditions. Any such use constitutes a
breach of these Terms and Conditions and BPIF makes no representation or
warranty that this Content is suitable for use in commercial situations or that
it constitutes accurate data and / or advice on which business decisions can be
based.
9.15 Whilst BPIF uses reasonable endeavours to ensure that the Website is
secure and free of errors, viruses and other malware, all Users are advised to
take responsibility for their own security, that of their personal details and
their computers.
10. Availability of the Website and Modifications
10.16 The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be
free of defects and / or faults. To the
maximum extent permitted by the law we provide no warranties (express or
implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
10.17 BPIF accepts no liability for any disruption or non-availability of the
Website resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and
censorship.
10.18 BPIF reserves the right to alter, suspend or discontinue any part (or
the whole of) the Website including, but not limited to, the products and/or
services available. These Terms and
Conditions shall continue to apply to any modified version of the Website
unless it is expressly stated otherwise.
11. Limitation of Liability
11.19 To the maximum extent permitted by law, BPIF accepts no liability for
any direct or indirect loss or damage, foreseeable or otherwise, including any
indirect, consequential, special or exemplary damages arising from the use of
the Website or any information contained therein. Users should be aware that
they use the Website and its Content at their own risk.
11.20 Nothing in these Terms and Conditions excludes or restricts BPIF’s
liability for death or personal injury resulting from any negligence or fraud
on the part of BPIF.
11.21 Whilst every effort has been made to ensure that these Terms and
Conditions adhere strictly with the relevant provisions of the Unfair Contract
Terms Act 1977, in the event that any of these terms are found to be unlawful,
invalid or otherwise unenforceable, that term is to be deemed severed from
these Terms and Conditions and shall not affect the validity and enforceability
of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term
is illegal.
12. No Waiver
In the event that any party to these Terms and
Conditions fails to exercise any right or remedy contained herein, this shall
not be construed as a waiver of that right or remedy.
13. Previous Terms and Conditions
In the event of any conflict between these Terms
and Conditions and any prior versions thereof, the provisions of these Terms
and Conditions shall prevail unless it is expressly stated otherwise.
14. Third Party Rights
Nothing in these Terms and Conditions shall confer
any rights upon any third party. The
agreement created by these Terms and Conditions is between you and BPIF.
15. Communications
15.22 All notices / communications shall be given to us either by post to our
Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days
after posting if sent by first class post, the day of sending if the email is
received in full on a business day and on the next business day if the email is
sent on a weekend or public holiday.
15.23 BPIF may from time to time send you information about our products
and/or services. If you do not wish to
receive such information, please ensure that you click the marketing opt out box when you create your profile.
16. Law and Jurisdiction
These Terms and Conditions and the relationship
between you and BPIF shall be governed by and construed in accordance with the
Law of England and Wales and BPIF and you agree to submit to the exclusive
jurisdiction of the Courts of England and Wales.