Terms of use and Cookie Policy

TERMS AND CONDITIONS

Effective Date: 16/04/2013

1. Introduction
1.1 This website is owned and operated by Its Just Business Ltd. We are registered in the UK (technically “England & Wales”) under number 08256156. Our registered office and trading address is at 1st Floor, Hillside House, 2-6 Friern Park, Finchley, London NW12 9BT, UK. Our other contact details are specified on our website. Our VAT number is [insert if applicable; if not delete but put your VAT number on your site if/when you get one].

1.2 Please read these terms and conditions carefully. They cancel and replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions.

1.3 These terms and conditions apply to all Users. The Addendum (at the end of these terms and conditions) contains additional terms which apply only to Advertisers.  In the event of any conflict, the Addendum takes priority.

2. Definitions
2.1 Capitalised terms have the following meanings in these terms and conditions:
2.1.1 Advertisements” means business listings, profiles (including audio / video), job listings, banner-type advertisements and any other promotions on our Service.
2.1.2 “Advertiser” means a User who places an Advertisement on our Service.
2.1.3 “Content” means all information of whatever kind including Advertisements, CVs, Reviews published, stored or sent on or in connection with our Service.
2.1.4 “CV” means the résumé, curriculum vitae or similar document provided via our Service.
2.1.5 “Review” means any review, comment or rating.
2.1.6 “Service” means the services we offer by means of our website as well as our related software and services.
2.1.7 “User” means a person who uses our Service (whether or not registered with us) including Advertisers.

3. Changes to the terms and conditions
3.1 We may change these terms and conditions by posting the revised version on our website at least 14 days before they become effective. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

4. Use of our Service
4.1 We grant Users a limited personal right to use our Service subject to these terms and conditions.

4.2 You are not eligible for, and must not use or register on, our Service if you are below the legal age to form a binding contract with us.

4.3 Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.

4.4 You agree that you will not in connection with the Service:
4.4.1 breach any applicable law, regulation or code of conduct or infringe any rights of others;
4.4.2 engage in any inappropriate behaviour including threatening, harassing or invasion of privacy;
4.4.3 include any information within your CV which enables you to be personally identified except your email address / telephone number;
4.4.4 publish or send any Content which involves revealing any personal data of another person (ie information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
4.4.5 publish or send any Content which links to any third party websites which are illegal or contain inappropriate Content (including information which is unlawful, infringing third party rights, defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy);
4.4.6 use the Service for junk mail, spam and pyramid or similar or fraudulent schemes;
4.4.7 do anything which may have the effect of disrupting the Service including  worms, viruses, software bombs or mass mailings;
4.4.8 gain unauthorised access to any part of the Service or equipment used to provide the Service; or
4.4.9 attempt, encourage or assist any of the above.

4.5 You must comply with any guidelines or requirements on our website (for example, any file-size or other technical requirements in relation to the publication or sending of Content on or via our Service). You must promptly comply with any reasonable request or instruction by us in connection with the Service.

4.6 You must ensure that all contact and payment information (eg email and postal addresses, credit card numbers) which you provide is accurate and not misleading and that you will update it so that it remains so.

5. Your Content
5.1 You are responsible for your Content. You must ensure that such information is genuine, honest, accurate and up to date, not misleading, complies with all applicable laws, regulations and codes of conduct and does not infringe any third party intellectual property, or other rights. Also, the Content must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.

5.2 You promise to us that you have (and will retain) all rights and permissions needed to enable us to use your Content as contemplated by the Service and these terms and conditions.

5.3 We reserve the right without notice or refund to suspend, alter, remove or delete Content or to disclose to the relevant authorities any Content if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority.  If so, you must not attempt to re-publish or re-send the relevant Content.

5.4 We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.

5.5 It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such losses.

5.6 We reserve the right to irretrievably delete your Content following cancellation of this agreement or if your account has been inactive for six months.

6. Content of other Users
6.1 We do not endorse or recommend any Advertisements, CVs, Reviews or other Content. You rely on such information at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users.

6.2 We do not verify Content. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. We do not accept legal responsibility for the accuracy of, or otherwise in relation to, any Advertisement or in connection with any consequent communications or transactions with third parties or with use by third parties of the information comprised within any Advertisement or related enquiry.

6.3 You acknowledge that in using the Service you may be exposed to offensive or other inappropriate Content or behaviour. If so, you must notify us immediately by info@its-justbusiness.com

6.4 You acknowledge that we may permit Users to post Reviews in relation to you and/or your goods or services and that these will be publicly available for viewing and will remain so following cancellation of this agreement. We are not responsible for monitoring or editing Reviews. You acknowledge that such Reviews may be critical or defamatory of you. Notwithstanding that we may be aware or ought reasonably to be aware that such Reviews caused or contributed to publication of a defamatory statement about you, you release us from any liability in connection with such defamatory statements provided we offer you a reasonable right of reply.

7. Our Content
7.1 Any Content which we ourselves make available on our Service is intended for very general guidance but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

8. Security
8.1 Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity.

9. Suspension / cancellation
9.1 You may at any time cancel this agreement (including your subscription) by following the instructions on our Service. A request for cancellation under this clause does not give rise to any refund.

9.2 We may at any time without cause immediately cancel this agreement including your right to use of our Service. If so, we will refund in full any fees already paid for the period in respect of which we take such a step.

9.3 We may at any time cancel this agreement without refund if we terminate our Service as a whole.

9.4 We may at any time cancel this agreement (giving notice by email to the extent reasonably practicable) or suspend part or all of our Service if we have reason to believe that you have breached our terms and conditions or it is necessary to protect us or others or if we are required to do so by law or appropriate authority. There will be no refund of your subscription.

9.5 Following cancellation of this agreement: Accrued rights and liabilities are unaffected. All clauses in this agreement which are stated or intended to continue after cancellation will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of cancellation.

9.6 We cannot be held legally responsible for loss or damage resulting from cancellation of this agreement provided we act in accordance with this agreement.

10. Functioning of our Service
10.1 We cannot guarantee that the Service will be uninterrupted or error-free.

10.2 We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.

10.3 We are entitled to make changes to the Service.

11. Liability
11.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.

11.2 You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.

11.3 Very important: If you are a consumer (ie not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
11.3.1 there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
11.3.2 such loss or damage was not reasonably foreseeable by both parties;
11.3.3 such loss or damage is caused by you, for example by not complying with this agreement; or
11.3.4 such loss or damage relates to a business.

11.4 Very important: If you are a consumer (ie not acting in the course of a business), you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

11.5 The following clauses apply only if you are a business:
11.5.1 To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement. In this clause, any reference to us includes our employees and agents.
11.5.2 Our liability of any kind (including our own negligence) with respect to our Service for any one event or series of related events is limited to £100 or the total fees payable by you in the 12 months before the event(s) complained of, whichever is higher.
11.5.3 In no event (including our own negligence) will we be liable for any:
5.3.a) economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
5.3.b) loss of goodwill or reputation;
5.3.c) special, indirect or consequential losses; or
5.3.d) damage to or loss of data
(even if we have been advised of the possibility of such losses).
11.5.4 You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
11.5.5 This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

12. Intellectual property rights
12.1 All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our Users or partners. For the purposes of your personal use only, you may view such material on your screen and print a single copy.  You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

12.2 For the avoidance of doubt you may not collect, scrape or harvest any Content on our Service or deep-link to or frame Content on our Service without our specific prior written consent.

12.3 You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.

12.4 If you publish any Content on our Service (excluding CVs), you grant us a worldwide, perpetual, non-exclusive, transferable (with right to sub-license), royalty-free licence to use, copy, alter, display, and create extracts of, or derivative works from, that Content in any media formats, both on our own Service and also on third party media, including for the purpose of redistribution or promotion of our Service. You waive your moral rights in relation to such Content to the extent legally permitted.

12.5 If you publish a CV on our Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display the CV on our Service. You also grant each User a licence to use your Content to the extent permitted by the functionality of the Service and these terms and conditions.

12.6 You also grant each User a licence to use your Content to the extent permitted by the functionality of the Service and these terms and conditions.

12.7 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our Service ("Submissions") which you provide us are non-confidential and shall become our sole property. We shall own exclusive intellectual property rights in, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

13. Privacy
13.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy [link].

14. Third party websites
14.1 We may link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or the goods or services which they offer.  You use such third party sites at your own risk and you should seek independent advice prior to making a decision based on the information contained in those sites.   

15. “Act of God”
15.1 Neither you nor we are liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond your or our reasonable control including third party telecommunication failures.

16. Transfer
16.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

17. English law
17.1 These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.

18. General
18.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (ie that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.

19. Complaints
19.1 If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.

Website terms and conditions by internet lawyers Adlex solicitors

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ADDENDUM APPLICABLE ONLY TO ADVERTISERS

20. Your Advertisement
20.1 We reserve the right in our discretion without notice to edit the text or layout of Advertisements or to locate or relocate Advertisements on our Service in order to ensure that your Advertisement complies with our terms and conditions and otherwise to the extent that we think fit (provided that you achieve prominence which is broadly equivalent to what we offer for your particular package).  

20.2 You must ensure that your Advertisement is accurate and up to date, not misleading, that it complies with all applicable laws, regulations and codes of conduct and that it does not infringe any third party intellectual property or other rights. Also, your Advertisement must not be defamatory, offensive, vulgar, racist, obscene, abusive, threatening, harassing, invasive of another’s privacy or similarly inappropriate.

20.3 You acknowledge that we may include third party advertisements on pages containing your company’s profile or other Advertisements.

20.4 We do not guarantee that your Advertisement will generate any particular level of revenues or suitable enquiries.

20.5 We reserve the right to irretrievably delete your Advertisement following expiration of your subscription or on termination or cancellation of this agreement.

21. Dealing with CVs
21.1 You agree to keep any CVs or other jobseeker personal data received by you in connection with the Service strictly confidential. You may not disclose any such material to any third party without the prior explicit consent of the relevant User and you must comply with all applicable data protection laws. Except with the prior explicit consent of the User, you agree to use such material for the genuine and sole purpose of potential employment of that User by you (or your clients, if you are agent). You agree to deal with Users in accordance with the highest industry standards.

22. Payment for Advertisements
22.1 In the case of Advertisements payable by subscription, these can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.

22.2 Prices include VAT or other sales tax unless otherwise stated.

22.3 You are legally committed to pay for your Advertisement once we confirm your order.

22.4 Where specified on the payment page of our Service when you subscribed, your subscription will be auto-renewed for the periods stated. You can cancel auto-renewal by following the instructions on our Service. (Note that this applies to subscriptions for any kind of “Advertisement” subscription including membership profiles and banner-type advertisements.)

22.5 We may at any time change our subscription prices. The new rate takes effect if you apply for or renew a subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should cancel your subscription as explained below. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.

22.6 We may also charge for Advertisements on the basis of clicks, impressions, leads or other events (“Event”) or in some other way. In the case of “pay per click” Advertisements, a click means all clicks by a unique user on an Advertisement over a 24 hour period. In the case of CPM Advertisements, an impression means a single instance of an advertisement being displayed. You acknowledge that our tracking records shall be conclusive as to the occurrence of any Event.

22.7 We may require payment of a deposit as a security for performance of your obligations. If so:
22.7.1 We may deduct from the deposit the amount of any fees invoiced to you.
22.7.2 We shall not pay interest on any deposit.
22.7.3 It is your responsibility to top up the deposit so that there is sufficient credit to pay fees. We reserve the right to suspend or remove any or all of your Advertisements if we consider that there are insufficient monies on deposit to pay the fees.
22.7.4 The deposit shall be non-refundable.

22.8 You may at any time cancel your Advertisement by following the instructions on our Service. Such cancellation does not give rise to any refund.

22.9 Invoices (other than for subscriptions payable in advance) must be paid within whatever period is specified on the invoice or, if none, 14 days. You must make all payments without any set-off, counterclaim or any other deduction. Time shall be of the essence for all payments under this Agreement.

22.10 If any amount due to us is unpaid, we may:
22.10.1 charge reasonable additional administration costs (including debt collection costs); and/or
22.10.2 charge interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998; and/or
22.10.3 suspend our Service and/or or suspend remove any or all of your Advertisements; and/or
22.10.4 cancel this agreement on written notice (including email).  

PRIVACY AND COOKIES POLICY

Effective Date:

1. Who are we?
1.1 We are Its Just Business Ltd. We own and operate this site. Our contact details are on the site. Please contact us if you have any questions or feedback about this policy.

1.2 We are registered with the Information Commissioner’s Register of Data Controllers under number [insert].

2. What’s the point of this policy?
2.1 This policy tells you how we deal with your “personal data” (i.e. technical term for information about any identified or identifiable living person). Please read on to find out what kinds of personal data we collect, how we use and protect it, to whom we disclose it and how you can access and rectify it.

2.2 Please do not use our site unless you are completely happy with this policy. If you do use our site, we will assume that you do accept it.

3. Might the policy change?
3.1 It may well do and so you should check it whenever you visit our site. We will assume you agree to the revised policy if you use the site after the effective date shown at the top of the policy.

4. What personal or other data do we collect?
4.1 We collect and store the information which you give us via forms on our site - such as your name, address, email address, phone number, CV and so on - or when communicating with us by email or in some other way.

4.2 We may receive and store certain information automatically when you interact with us. Examples include the internet protocol (IP) address used to connect your computer to the internet, connection information such as browser type and version and your operating system and platform.  

5. What about cookies?
5.1 We use cookies. A cookie is a small file of letters and numbers that we put on your computer.  Our site’s functionality will be limited if you do not accept cookies.

5.2 Cookies are widely used to make websites work, or work more efficiently, as well as to provide information to the site owner or others. Session cookies are temporary cookies that remain in the cookie file of your browser only until you leave the site. They allow websites to link your actions during a browser session. Persistent cookies stay in the cookie file of your browser for longer (though how long will depend on the lifetime of the specific cookie). For further information on cookies, including how to use your browser to block them, visit: www.allaboutcookies.org.

5.3 Cookies are used on this site for the following purposes:

3.a) Session cookies: We use session cookies to remember you while you are logged into our site.

3.b) Analytical cookies:  Google sets persistent cookies (up to two years) to recognize and count the number of site visitors as well as providing other information about the visit such as duration, route through the site and what sites the visitor came from. This information helps us to improve the way our site works, for example by making sure users find what they need easily. These cookies are provided by Google. Google requires us to tell you the following: “This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”).  Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google.  You may refuse the use of cookies by selecting the appropriate settings on your browser. However please note that if you do this you may not be able to use the full functionality of this website.  By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.” Click here for more information about Google Analytics cookies. Click here to opt out of Google Analytics.

5.4 By continuing to use our site, having seen our cookie notice, you consent to use of the cookies outlined above.  We may use a persistent cookie to remember your preference and avoid showing you our cookie notice repeatedly.

6. How do we use your personal data?
6.1 We use your personal data to provide our services eg send service messages, process payments and/or fulfil orders.

6.2 We use your personal data to help us communicate with you effectively should you try to contact us via our site including verification of any claims you may make.

6.3 If you have agreed on our site, we may use your personal data to send you emails (or other communications) with details of goods or services which may be of interest to you based on your browsing history on our site including information about special offers or promotions.

6.4 We may use personal data to recognize you when you visit or return to our site so we can track anonymised traffic and usage patterns, prevent or detect fraud or abuses or to help us improve our site.

6.5 If you supply us with a third party email address for a “Refer A Friend” or similar offer, we will use that email address only to transmit the referral message and we will then immediately delete it.

6.6 We retain personal data from closed accounts in order to comply with legal obligations, enforce our terms and conditions, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations and take other actions as permitted by law.

6.7 We may access, remove, alter, store or otherwise use any personal data if we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority.

7. How do we protect personal data?
7.1 Security is a high priority. We take appropriate precautions to protect personal data from loss, misuse, unauthorised access or disclosure, alteration or destruction using the same safeguards as we use for our own proprietary information.

7.2 Email and other electronic communications are not secure if they have not been encrypted. Your communications may pass through servers in a number of countries before they reach us. So we do not accept responsibility for any unauthorised access to or loss of personal data that stems from a cause beyond our control. Nor can we be held responsible for the actions or omissions of other users or third parties who may misuse your personal data which they collect from the site.

8. To whom do we disclose personal data?
8.1 Payment details including credit card numbers are supplied direct to our banking partner mentioned on our site. We do not receive such information.  To ensure your details are not being used without consent, your personal data may be supplied to relevant third parties including credit reference and fraud prevention agencies, who may keep a record of that information.

8.2 We may allow access to your personal data by third parties who supply us with a service - for the purpose of their service only and in accordance with our instructions.  Examples include website hosts and businesses which assist us in undertaking communications or monitoring our site.

8.3 If you have agreed on our site, we may provide your personal data to selected third parties so that they can send you emails (or other communications) with details of goods or services which may be of interest to you including information about special offers or promotions.

8.4 Very important: Any information which you enter into your CV will be available to and searchable by users of our site.

8.5 Very important: If you post a review / rating / comment on our website, your username will be shown.  We reserve the right on request to disclose additional personal data to the person / business which is the subject of your review / rating / comment.

8.6 We may disclose personal data so far as reasonably necessary:
6.a) if we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority; or
6.b) in the case of an actual or proposed (including negotiations for a) sale or merger or business combination involving all or the relevant part of our business.

8.7 We may store or transfer personal data outside the European Economic Area for the purposes stated in this policy.

8.8 Except as otherwise specifically included in this policy, this document addresses only the use and disclosure of information we collect from you. If you disclose your information to third parties, whether they are other users of our site or other websites, different rules may apply to their use or disclosure of your information.

9. How can you access and rectify personal data?
9.1 You can access and rectify your personal data by contacting us by the means shown on our website. We may charge an administration fee in line with data protection laws.

9.2 For information about your rights under UK data protection laws, see the website of the UK Information Commissioner.