BROSTER BUCHANAN LIMITED
These are the standard terms and conditions of use of the Broster Buchanan website.
These terms and conditions shall apply in all circumstances to any user of the Broster Buchanan website and pages, whether at www.brosterbucahan.com or otherwise unless otherwise agreed by Broster Buchanan.
Definitions
The following words and phrases shall, unless the context otherwise requires, have the following meanings:
| “Assignment” | means work performed or to be performed by the Temporary Worker for a Client and/or Group Company for a period of time during which the Temporary Worker is supplied by Broster Buchanan to work temporarily for and under the supervision and direction of the Client and/or Group Company as applicable. |
| “BB Group Company” | means Broster Buchanan and any of its Subsidiaries from time to time and “Group” shall have the relevant meaning. |
| “Candidate” | means the candidate seeking a permanent position. |
| “Client” | means the hirer or engager of the Candidate or Temporary Worker or potential hirer or engager of the Candidate or Temporary Worker under an Engagement or Assignment as the case may be. |
| “Engagement” | means the engagement, employment or use of a person by the Client or any Group Company, whether on a permanent, fixed term, temporary, interim or other basis, where the person enters into a contract of service, contract for services or under an agency, licence, franchise or partnership agreement or otherwise directly with the Client or a Group Company and “Engaged” and “Engages” shall be construed accordingly. |
| “Group Company” | means the Client’s Holding Company or Companies and any of the Subsidiaries of the Company or of any such Holding Company or Companies of the Company from time to time. |
| “Holding Company” | as defined in section 1159 of the UK Companies Act 2006. |
| “Subsidiary” | as defined in section 1159 of the UK Companies Act 2006. |
| “Temporary Worker” | means a temporary worker seeking a temporary assignment. |
1. Broster Buchanan Limited (“Broster Buchanan”, “we” or “us”) provides you access to the www.brosterbuchanan.com website and all other Broster Buchanan group websites (the “Site”) in order to help users at every stage of the recruitment process. Please read these terms of use carefully before using the Site. By using the Site, you are deemed to accept these terms and conditions regardless of whether you subsequently register with us or otherwise make contact with us. If you do not accept these terms and conditions, please do not use the Site.
2. Where Broster Buchanan introduces by telephone, post, email or other communication any potential Temporary Worker or Candidate for any Client, all introductions shall be subject to our standard terms and conditions applicable to the relevant arrangement. Where Candidates or Temporary Workers are seeking Engagements or Assignments (as the case may be), all searches shall be subject to our standard terms and conditions applicable to the relevant arrangement. All and any business undertaken by Broster Buchanan and or any BB Group Company is transacted subject to these terms and conditions as well as the specific terms and conditions relating to the services to be provided unless otherwise agreed by Broster Buchanan in writing.
3. You may access most areas of the Site without registering your details with us. However, certain areas of the Site are only open to you if your register.
4. You must not use this Site for any of the following purposes:
(a) to post or transmit any material for which you have not obtained all necessary permissions, licences and/or approvals;
(b) to post or transmit on the Site inaccurate, incomplete or false information (including in the case of candidates, biographical information about yourself and/or any information about your ability to work legally in the UK or elsewhere);
(c) to post or transmit on the Site any libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material;
(d) to post or transmit on the Site any material which contains any virus or other disabling devices which interfere or may interfere with the operation of the Site or which alters or deletes or seeks to alter or delete any information which you have no authority to alter or delete or which overloads or seeks to overload the Site by spamming or flooding it;
(e) to use any device, routine, coding or software to create, delay or otherwise damage the operation of the Site;
(f) to take any action that affects our reputation or defames, abuses, harasses or threatens us or others;
(g) to link to other sites unless written approval from us has been given; or
(h) to encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law in any relevant jurisdiction.
5. Broster Buchanan in its sole discretion shall determine your compliance with the above requirements and shall have the right to prevent you and your computer from accessing or using the Site and/or to delete from the Site immediately and without prior notice any material that it deems does not comply with the above requirements in spirit or form or it considers to be objectionable for any reason. We shall co-operate fully with any law enforcement authorities, court or regulatory authority requesting or directing us to identify or locate anyone posting any material in breach of the above.
6. The services on the Site and referred to on the Site are available to users (potential Candidates, Temporary Workers and Clients and their Group Companies) immediately and therefore no user has any right to cancellation or “cooling off”.
7. As a convenience to our users, this Site may contain links to external websites and you may be offered a number of automatic links to other sites which may or may not interest you. We accept no responsibility for or liability in respect of the content of those third party sites. We have not reviewed or approved such sites and we do not control and are not responsible for the content in those sites. We do not warrant that any links to such sites work or are up to date. We do not warrant that there are no viruses or other harmful items which may be embedded in any particular site. We do not endorse or make any representations about those sites and the use of any such links is entirely at your own risk.
8. When you register with this Site or log in when you visit this Site, you will need to use a user name and password. You are solely responsible for the security and proper use of the password which should be kept confidential at all times and not disclosed to anyone, not even one of our employees. You must notify us immediately if you believe that your password is in the possession of someone else or if it may be used or may be being used in an unauthorised way. We accept no liability for any unauthorised or improper use of disclosure of any password.
9. We may gather information and statistics collectively about all visitors or users to this Site which may include the information supplied by you which will help us to understand our users and therefore improve our business. We will not disclose individual names or identifying information. All data will be in aggregate form only. We believe that this information may help us to determine what is most beneficial for our users and how we can continually improve our service. We may share this kind of aggregate information with selected third parties to assist with these purposes. Personal data is, however, processed by us in accordance with our Privacy Policy.
10. Unless otherwise stated, the copyright and other intellectual property rights in all material on this Site (including without limitation any photographs and graphical images) are owned by Broster Buchanan or its licensors. You may not download copy or print any of the pages of the Site except for your own personal use and provided that you keep intact all copyright and proprietary notices. No copying or distribution for any business or commercial use is allowed. No framing, harvesting or scraping or other manipulation of the content of this Site is permitted. You will not be permitted to decipher, disassemble, reverse engineer or modify any of the software, coding or other information comprised in the Site. You also agree not to post any information or documents to this Site which infringes any intellectual property (including confidential information) of any third party.
11. Every effort is made to keep this Site up and running smoothly and without fault. We take no responsibility for and will not be liable for the Site being temporarily unavailable for reasons of maintenance or improvement or due to technical issues beyond our control. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any of the Site features, databases or content. We may amend these terms of use at any time by posting amended terms and conditions to the Site. You will be deemed to have agreed to these amended terms and conditions when you next use the Site following any amendment.
12. We may at our absolute discretion deny you access to this Site, which may include any of the service or information available through it) or any part of it any time and without any explanation or notice.
13. The information contained in this Site is given in good faith and we use reasonable efforts to ensure that it is accurate but we give no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.
14. We accept no liability for any loss or damage which may arise out of anyone relying on or using any information contained on the Site. We are not liable and shall not be liable to any person relying on and/or using any such information for any loss of revenue, loss of actual or anticipate salary, loss of actual or anticipated profits whether arising in the normal course of business or otherwise including without any limitation any loss of potential profits, loss or damage to employment prospects, reputation, loss of opportunity, loss of the use of money, including the time value of money, loss or corruption of data, loss of management or administration time, legal and other professional fees and expenses or any indirect or consequential loss or damage however caused (including without limitation by reason of misrepresentation, negligence other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of this Site, However, nothing in the above shall limit or exclude our liability for fraud or for death or personal injury caused by negligence or to the extent not permitted by law.
15. You agree to fully indemnify us and keep us fully indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this Site. We do not guarantee that any Client will ask for Temporary Worker’s or Candidate’s information or will interview or hire a Temporary Worker or Candidate, or that any Temporary Workers or Candidates will be available or will meet the needs of a Client. We make no representation or warranty as to the final terms and duration of any appointment obtained through the use of this Site or otherwise. Whilst we take all reasonable endeavours to ensure that it is the case, we do not guarantee that any Client will keep confidential any Temporary Worker or Candidate information or data that is provided to them.
16. If the provision of any of these terms and conditions are held to be invalid by any court of competent jurisdictions, such invalidity shall not affect the validity of the remaining provisions which shall remain in full force and effect. Your use of the Site and any downloads from the Site and the operation of these terms and conditions shall be governed in accordance with the laws of England and Wales. The English courts shall have exclusive jurisdiction over any despite arising out of the use of this Site.
17. All Clients will treat all data relating to Temporary Workers and/or Candidates as strictly confidential and not to use the Site for any purpose other than to search for Temporary Workers and/or Candidates. You agree not to share, copy or transmit to a third party any Temporary Worker or Candidate data unless you have unambiguous evidence that the consent of the Temporary Worker or Candidate (as the case may be) to such transfer has been obtained. You will indemnify and hold harmless Broster Buchanan for any and all liability howsoever arising to the fullest extent of the law which the BB Group Company may incur should you use the information contained on the Site.
18. All Temporary Workers and Candidates accept by the use of this Site that we may forward your details to Clients and additional display promotional excerpts from your details on the Site. You agree and accept that your present employer may access the Site and you unconditionally waive any and all claims that you may have against us as a result of any loss which you may suffer or you do suffer as a result of the information being displayed on the Site.
19. You agree to comply with the terms and conditions and accept our right to suspend or cancel your registration immediately and at our discretion without liability to you.
