The following terms & conditions of business (‘Terms and Conditions’) regulate your use of this Portal at www.jobtrain.co.uk/aco-careers (the ‘Portal’) which includes Vacancy listings and information about ACO Technologies plc. ACO Technologies is also referred in these Terms and Conditions as ‘we’, ‘us’ or ‘our’. When we refer to ‘you’ and ‘your’ we mean the User.
The Portal is provided on our behalf by JobTrain Limited, a company incorporated and registered in England and Wales (company number 05032849) having its registered office at 4 Tabley Court, Victoria Street, Altrincham, Cheshire, WA14 1EZ and which trades as JobTrain (‘our Portal Provider’).
DEFINITIONS AND INTERPRETATION In these Terms and Conditions the following expressions have the following meanings:
‘Candidate’ means a person who is interested in finding a Position either through making a Direct Application or being introduced by an Agency;
‘Contract Position’ means a Position that is not a Permanent Position and for which a successful Candidate who is engaged by us is paid a salary which has been prorated to the duration of the contract;
‘Direct Application’ means the act of a Candidate submitting their details, including their curriculum vitae, to us using the Portal with a view to being employed or engaged by us to fill a Position advertised on the Portal;
‘Force Majeure’ means any cause beyond our reasonable control including strikes, lock-outs, labour disputes, acts of God, war, riot, civil commotion, malicious damage, terrorism, interruptions in electricity or power supply, computer viruses or bugs, third party computer infiltrations or attacks by hackers, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood or storm.
‘Headhunting or Candidate Search’ means a search of our Portal Provider’s Website by us of Candidates’ profiles and/or CVs that the Candidates have uploaded onto our Portal Provider’s Website;
‘Intellectual Property Rights’ means patents, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights to goodwill or to sue for passing off or unfair competition, rights in registered and unregistered designs, rights in computer software (including source and object code and algorithms), database rights, rights in confidential information (including, without limitation, know-how and trade secrets, processes and other procedures) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or may subsist now or in the future in any part of the world;
‘our Portal Provider’s Website’ means the website www.jobtrain.co.uk which is owned, operated and maintained by our Portal Provider (either directly or indirectly).
‘Permanent Position’ means a Position which lasts for an indefinite period;
‘Portal’ means the website www.jobtrain.co.uk/aco-careers which is owned, operated and maintained by our Portal Provider (either directly or indirectly) on behalf of us.
‘Position’ means an actual or proposed engagement with us (whether directly or via an intermediary), whether temporary, contract or permanent, full time or part-time and whether or not it creates a legal relationship of employer and employee but in any event gives rise to an obligation on the part of us to pay remuneration to the person engaged;
‘Prorated Salary’ means a salary pertaining to a Contract Position, which has been calculated by taking the annual salary applicable to a particular job and adjusting it by the same proportion that the length of the contract bears to a calendar year;
‘Successful Placement’ means when a Candidate who applies for a particular Vacancy directly via the Portal or is introduced to us for a particular Vacancy through the Portal by an Agency, is:
i. hired by us for the Position; and
ii. in respect of a Permanent Position, the Candidate remains employed or engaged by us in the Position for at least eight weeks;
‘Tax’ means all forms of taxation and statutory, governmental, state, federal, provincial, local, government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction; and any penalty, fine, surcharge, interest, charges or costs relating thereto;
‘Temporary Position’ means a Position that is not a Permanent Position and for which a successful Candidate who is engaged by us is paid an hourly rate;
‘User’ means someone who uses the Portal, regardless of whether or not they make use of the services, including a Candidate and an Agency;
‘Vacancy’ means any actual or proposed vacancy for a Position;
‘Vacancy Advertisement’ means an advertisement for a Vacancy uploaded to the Portal which includes a brief description of the Vacancy; and
In these Terms and Conditions:
a. clause headings shall not affect the interpretation of these Terms and Conditions;
b. references to clauses are to the clauses of these Terms and Conditions;
c. a reference to a statute, statutory provision or subordinated legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts;
d. a reference to a statute or statutory provision shall include any subordinate legislation made from time to time under that statute or statutory provision;
e. words in the singular shall include the plural and vice versa;
f. a reference to ‘writing’ or ‘written’ shall include e-mail;
g. a reference to any gender shall include all genders;
h. any phrase introduced by the terms ‘including’, ‘include’, ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
Your use of the Portal and our relationship with you. This part applies to all Users and sets out the terms relating to information on the Portal and how you use the Portal and the services. In addition, this part sets out the general terms relating to our relationship with you.
1.1 You undertake to use the Portal and/or services at all times in accordance with these Terms and Conditions.
1.2 From time to time, we or our Portal Provider, may restrict access to some parts of the Portal, or the entire Portal, to Users who have registered with our Portal Provider.
1.3 You are responsible for making all arrangements necessary for access to the Portal. You are also responsible for ensuring that all persons who access our Portal through your internet connection are aware of these Terms and Conditions and that they comply with them.
2.1 The Portal must not be framed on any other website and you may not link to the Portal.
2.2 You may link to our Portal Provider’s Website homepage provided you do so in a way that is fair and legal and does not damage its reputation or take advantage of it. However, you must not establish a link in any way that suggests any form of association, approval or endorsement on its part where none exists
2.3 Our Portal Provider reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respect with the use provisions of these Terms and Conditions.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 All Intellectual Property Rights in or relating to the Portal and the material on it (including all text, trade marks, data, graphics, layout, logos, images, audio material, clips, films or other moving images and algorithms) belong to either us or our licensors. Nothing contained in these Terms and Conditions or the Portal should be construed as granting by implication or otherwise, any licence or right to use such Intellectual Property Rights except as otherwise provided below.
3.2 You may print off one copy, and download extracts, of any page(s) from the Portal for your personal reference and you may draw the attention of others to material posted on the Portal. You may not otherwise publish, copy, distribute, modify, transmit or reproduce in any form (whether in hard copy, electronic or otherwise) the information and materials on the Portal without our express permission in writing, nor use the information and materials on the Portal for any commercial purpose not expressly contemplated by these Terms and Conditions. Except in respect of any agreed aspect, no part of the content of the Portal may be incorporated into or stored in any other website or other work in any form.
3.3 If you print off, copy or download any part of the Portal in breach of these Terms and Conditions, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
3.4 Notwithstanding the above, caching of the Portal is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce (EC Directive) Regulations 2002.
4. DATA PROTECTION
5. USER REQUIREMENTS
5.1 By using the Portal you warrant that you are 18 years of age or older.
5.2 You may use the Portal only for lawful purposes. You must not use the Portal:
5.2.1 in any way that breaches any applicable local, national or international law or regulation;
5.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.2.3 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in paragraph 6 below.
5.2.4 to knowingly transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5.3 You agree:
5.3.1 not to access without authority, interfere with, damage or disrupt:
5.3.2 any part of our Site;
5.3.3 any equipment or network on which our Site is stored;
5.3.4 any software used in the provision of our Site; or
5.3.5 any equipment or network or software owned or used by any third party.
5.4 You must not run Maillist, Listserv, any form of auto-responder, or "SPAM" on the Site, or any processes that run or are activated while a user is not logged in.
6. USER CONDUCT AND CONTENT STANDARDS
6.1 These conduct and content standards apply to any and all content and material (including without limitation CVs) you upload to, display on, or distribute or otherwise publish through, the Site (“User Content”) and your use of the Site.
6.2 You must not upload, post, email or otherwise transmit any User Content that:
6.2.1 is libellous, defamatory, obscene, abusive, or otherwise violates any law;
6.2.2 infringes any patent, trademark, database right, trade secret, copyright or other proprietary right of any party;
6.2.3 you do not have the right to transmit under any law or contractual relationship (such as confidential information);
6.2.4 contains any unsolicited or unauthorised advertising, promotional materials, solicitation of funds, spam, chain letter, junk mail or any other form of solicitation for goods or services except in those areas that are clearly designated for such purpose;
6.2.5 contains viruses or any other code, files or programs designed to damage, interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
6.2.6 is pornographic, sexually explicit or obscene.
6.3 User Content must not:
6.3.1 be likely to deceive any person or made in breach of any legal duty owed to a third party or promote any illegal activity;
6.3.2 be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that it emanates from us, if this is not the case;
6.3.3 advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
6.3.4 You shall be civil and show respect for other users. You shall not interfere with another's enjoyment of the Site. You may not target another to cause distress, embarrassment, unwanted attention or other discomfort or invade another’s privacy.
7. TERMINATION AND BREACH OF THESE TERMS AND CONDITIONS
7.1 Without limiting our other remedies, we and/or our Portal Provider reserve the right to suspend or cancel your right to use the Portal, any login or password and/or the services at any time and for any reason, including without limitation, where you are in breach of these Terms and Conditions or are abusing the use of the Portal or the services or where we or our Portal Provider have reasonable grounds to believe that you have breached these Terms and Conditions or have abused the use of the Portal or the services.
7.2 The remedies available to each party under these Terms and Conditions shall include (but not be limited to) all available equitable remedies.
8. WARRANTIES AND LIABILITY
8.1 Whilst we and our Portal Provider have prepared the content of the Portal in good faith and with reasonable care and skill, we make no representation and give no warranty (express or implied) about any of the content of the Portal (including, but not limited to, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content). Whilst we shall try to keep the material on the Portal up to date, we shall not be liable to you or to any other party for any delays, errors or omissions in doing so
8.2 Our Portal Provider does not vet and is not responsible for the content of Vacancies or Vacancy Advertisements. Our Portal Provider is not able to verify and does not warrant in any respect the accuracy of the content (including, but not limited to, any statements and descriptions) of the Vacancies advertised or other information provided by us. Any information in the advertisements or any information included on the Portal is followed by you at your own risk and our Portal Provider and is not liable for any use or reliance you (or anyone who may be informed of its contents) make of or put on it.
8.3 Neither we nor our Portal Provider can advise you on issues of employment law and you should consult a suitably qualified lawyer if you have any specific legal questions or problems. Any information contained on the Portal is general information only and nothing on the Portal can be construed as advice on legal or employment issues.
8.4 Our Portal Provider will do its best to ensure that the Portal operates properly at all times, but it makes no representations and gives no warranties as to the availability or accessibility of the Portal and it reserves the right to alter any part of the Portal at any time and to suspend or withdraw the Portal at any time and for any reason.
8.5 Our Portal Provider acts as a passive conduit for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to these Terms and Conditions, we or our Portal Provider may investigate the allegation and determine in good faith and at our sole discretion whether to remove or request the removal of the communication. Neither we, nor our Portal Provider, have any liability or responsibility to Users for performance or non-performance of such activities. We and our Portal Provider reserve the right to expel Users and prevent their further access to the Portal for violating these Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive. We, or our Portal Provider, may take any action with respect to User submitted information that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or our Portal Provider, or may cause us or our Portal Provider, to lose (in whole or in part) the services of our internet service providers or other suppliers. Our Portal Provider shall not, and is under no obligation to, become involved in, or concern itself with, any dispute which may arise between a Referrer and/or a Candidate and/or us in respect of a Vacancy including, but not limited to, any dispute about the quality of work, hours of work or pay.
8.6 To the extent that we, or our Portal Provider, are found to be liable to you in respect of the Portal or the Services (whether arising from breach of contract, negligence, breach of any common law or statutory duty to take reasonable care or exercise reasonable skill, or otherwise) our entire liability to you shall, subject to clause 8.7 and 8.8 below, be limited in aggregate to the sum of £500.
8.7 Neither we, nor our Portal Provider, shall be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Portal or to your downloading of any material posted on it, or any website linked to it.
8.8 Neither we, nor our Portal Provider, shall be liable (whether arising from breach of contract, negligence or otherwise) for any direct, indirect or consequential loss or damage incurred by any User in connection with the Portal or in connection with the use, inability to use (whether through any software failure or technical malfunction of the Portal), or results of the use of the Portal, any websites linked to it and any materials posted on it, or as a result of any lack of availability or accessibility of the Portal and any event beyond our or our Portal Provider’s reasonable control including, without limitation, any liability for any loss of profits, loss of income, loss of contracts, loss of data, loss of revenue, loss of anticipated savings, wasted management or office time, loss of business or goodwill, and whether or not we have been advised of the possibility of the loss or whether such loss is foreseeable.
8.9 Nothing within these Terms and Conditions operates so as to exclude, limit or restrict our liability for death or personal injury or for any other liability, the exclusion of which is expressly prohibited by statute.
8.10 A Candidate may only apply once for each Vacancy, whether this is a Direct Application or an Introduction by an Agency. The Portal is programmed to accept only the Direct Application or Introduction it receives first in time. If for any reason the Portal permits a Candidate to apply more than once for a particular Vacancy then the Direct Application or Introduction received by the Portal first in time (which our Portal Provider shall verify from the Portal’s data) shall prevail. We accept no liability whatsoever in relation to any instances where the Portal permits multiple applications from or on behalf of a Candidate for the same Vacancy.
9.1 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and that provision shall not affect the validity and enforceability of any remaining provisions.
9.2 All notices which we need to give to you under these Terms and Conditions will be sent by us to your registered e-mail address and all notices which you give to us under these Terms and Conditions are to be sent to us at ACO Technologies plc, ACO Business Park’ Hitchin Road, Shefford, Bedfordshire, SG17 5TE.
9.3 No failure or delay by us in exercising our rights under these Terms and Conditions will be deemed to be a waiver of that right, and no waiver by us of any breach will be considered as a waiver of any subsequent breach
9.4 All rights not expressly granted in these Terms and Conditions are reserved to us
9.6 The Portal is currently only intended for the information and use of residents in the UK. We make no claims that the content of the Portal may be lawfully viewed or downloaded outside of the UK. Access to the content of the Portal may not be legal to certain persons or in certain countries. If you access the Portal from outside the UK, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you list your place of residence, when registering to use the Portal, as being in the United Kingdom then you are representing to us that you are a resident of the United Kingdom and we will and are entitled to rely on this representation for the purposes of providing you with the Services and permitting you to use the Portal
9.7 Any delay in or failure by us to perform any obligation under these Terms and Conditions shall not constitute a breach of such obligation if and to the extent that such delay or failure is caused by Force Majeure. If our obligation(s) cannot be performed on time or at all as a direct result of Force Majeure we shall use all reasonable endeavours to minimise the effect of the Force Majeure.
9.8 These Terms and Conditions shall be governed by, and construed in accordance with, the laws of England and Wales and both we and you submit to the exclusive jurisdiction of the English courts.
9.9 The Contracts (Rights of Third Parties) Act 1999 will apply to these Terms and Conditions only insofar as either you or us may enforce any term of these Terms and Conditions where that term confers a benefit upon either you or us (as the case may be) and Candidates and Agencies who are entitled to receive an Introduction Fee from us under these Terms and Conditions are given express rights to enforce such payment obligations against us in the event of any non-payment of all or part of the amount due.
For the avoidance of doubt, you, the Candidate, are contracting directly with us and agreeing to the terms of business below. This Part sets out the terms which apply to Candidates who apply for Positions advertised as Vacancies through the Portal, either directly or as a result of an approach by us through a Candidate Search.
10.1.1 If you wish to make a Direct Application for a Position advertised on the Portal, you must register on our Portal Provider’s Website by completing the online Candidate registration form. Once you have submitted your details, an e-mail will be sent to you confirming your User ID and successful registration.
10.1.2 Your details will be stored in a ‘Profile’, which you will be able to access (using your User ID and password) at any time. You are responsible for keeping the personal information in your Profile correct and up to date. If your details change, you undertake to update your Profile as soon as reasonably possible.
10.1.4 Once you have applied for a Vacancy, whether via an Agency Application or a Direct Application through browsing the Portal yourself, you should receive all further communications from us, informing you whether or not we wish to consider you for the Vacancy and arranging interview times, if applicable. By applying for a Vacancy, you are consenting to your contact details being made available to us.
10.1.5 In the event that a particular Position requires you to have certain qualifications or authorisations you will:
obtain copies of the relevant qualifications or authorisations and provide these to us;
and take all other steps that are reasonably required by us to ensure that you are suitable for the specific Position.
10.1.6 You acknowledge that all qualifications and authorisations may be verified by us.
10.1.7 You acknowledge that our Portal Provider does not act as an agent for us, nor does our Portal Provider act as your agent. Our Portal Provider shall also not act as an intermediary between you and us, and you acknowledge and agree that our Portal Provider shall not enter into correspondence or discussions or negotiations with us on your behalf.