Terms & Conditions
TotallyExec Candidate Terms and Conditions
Please read this agreement carefully. It sets out the terms under which Trinity Mirror Digital Recruitment Limited offers you use of its services as defined in Clause 1.1 of this agreement by means of TotallyExec (the "website"). By using any of the services and/or the website you are deemed to accept these terms and conditions. This Agreement is made between you and Trinity Mirror Digital Recruitment Limited whose registered office is:
ONE CANADA SQUARE
CANARY WHARF LONDON
Company No. 01904765
1 The Services
TotallyExec is a website where recruiters place advertisements for vacancies which they have and jobseekers may submit responses to such vacancies (the "Services").
Please note that when responding to recruiters you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without TotallyExec as a party and TotallyExec cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).
2 Use of the Website and the Services
The Website and the Services are for personal and non-commercial use only. You may copy electronically and print portions of the Website and/or the Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on the Website and/or the Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Website and/or the Services (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of TotallyExec is strictly prohibited. You also agree not to deep-link and/or frame the Website or any of the Services for any purpose, unless specifically authorised by TotallyExec to do so.
You agree that you shall not use the Website or the Services to transmit or receive (or authorise or permit any other person to receive or transmit) material which is obscene, threatening, offensive, defamatory, abusive, untrue, in breach of confidence, in breach of any intellectual property right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm TotallyExec's computer systems or any third party computer system.
By using the Services you automatically and hereby grant to TotallyExec a royalty free right to display, copy, reproduce and make available on the Website and otherwise deal with as necessary to provide to you the Services any material and information which you may provide to TotallyExec through your use of the Services.
Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Website and/or the Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Website, the Services and/or in any directory or other listings or information retrieval service made available on or by the Website and/or the Services has been so made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. All liability of TotallyExec, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Website and/or the Services is expressly excluded to the fullest extent permitted by law.
TotallyExec make no warranty that the contents of any and all emails communicated through the Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
The Website and/or the Services may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only and TotallyExec is not responsible for and does not give any warranties or make any representations regarding any such websites and/or services and is not responsible for or liable in relation to the content or your use of such websites (save to the extent required by law).
You acknowledge that TotallyExec is not responsible for third party content on the Website and that TotallyExec cannot ensure that material presented on the Internet is legal. TotallyExec will not limit access to material unless notified that it is illegal. In particular, you acknowledge that TotallyExec is not responsible for and does not monitor the content of job postings provided by third parties on the Website. However, TotallyExec shall have the right to remove any postings, materials or other items on the Website which it believes may be illegal or which it determines to be inappropriate.
TotallyExec will not be a party to any communications whatsoever between you and those responding to any use which you may make of the Services, although TotallyExec reserves the right to monitor any such communications which are made by you or third parties by means of the Website and/or the Services.
2.9 Intellectual Property
Save to the extent permitted by this Agreement, TotallyExec does not grant any licence or other authorisation to use any of its trade marks, product names, company names or logos or any of its copyright works or other intellectual property rights by placing them on or making them available by means of the Website or the Services.
3 Availability of the Website and the Service
TotallyExec does not promise full, uninterrupted or error free operation of the Website and/or the Services. All liability of TotallyExec, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website and/or the Services is excluded, insofar as it is possible to do so in law.
Where you are asked to complete a registration form the personal details that you provide must be true, accurate and complete. You agree to notify us of any changes which are relevant to your registration.
5 Data Protection and Use of Personal Information
TotallyExec may terminate, suspend or deny you access to the Website and/or Services immediately for any reason without incurring any liability whatsoever to you.
You agree to indemnify TotallyExec and all companies within the TotallyExec group for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by TotallyExec or companies within Trinity Mirror plc in or as a consequence of your breach of this Agreement and/or your use of the Website and/or Services (save to the extent that a court of competent jurisdiction holds that such a claim arose due to an act or omission of TotallyExec).
8 Force Majeure
Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure.
Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by email or first class post to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by email shall be deemed to have been delivered on the next working day following transmission.
This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without TotallyExec's prior written consent.
TotallyExec reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as Trinity Mirror plc or any other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Website.
11 No Waiver
Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
If any provision of this Agreement or part thereof is determined to be invalid, unlawful or unenforceable, such provision, or part thereof, shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
13 Variation of Terms
This Agreement (together with any variations to it pursuant to clause 13.2) constitutes the entire agreement between the parties in respect of its subject matter.
TotallyExec reserves the right to change these Terms and Conditions at any time. Changes in this manner shall be deemed to have been accepted if you continue to use the Website and/or the Services following this amendment.
14 Law and Jurisdiction
This Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.