Terms & Conditions

Companies

1.Definitions

"Agreement" means the agreement between the Client and You You incorporating these Conditions for the provision of the Service.

"Candidate Information" means the CV information and details of jobseekers and candidates supplied by You You to the Client pursuant to this Agreement.

"Client" means the company, firm or organisation which has set up an account with You You in order to use the Services.

"Commencement Date" means the date for the commencement of the Services as set out in the Order Confirmation.

"Conditions" means these terms and conditions.

"Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world, together with the right to apply for protection of the same.

"Order Confirmation" means, in the case of online website orders, the confirmation of purchase on the Website of the Services; and in the case of postal or telephone orders, the form signed by the Client confirming details and pricing of the Services ordered by the Client.

"Client Profile" means the Client account and inbox section on the Website containing details of the Client's identity, requirements, job specification for its vacancy and other matters set out therein.

"Services" means the online recruitment services provided by You You to the Client and as set out below.

"Website" means www.youyou.co.uk and includes without limitation its content and graphics.

"You You" means You You Limited.

2.Basis of Contract

(1)This is a legally binding Agreement between You You and the Client for the provision of the Service.

(2)These Conditions (as amended by You You from time to time) govern the Agreement between You You and the Client to the exclusion of any other terms and conditions and the Client agrees to abide by these Terms and Conditions (as amended by You You from time to time).

(3)These Conditions (as amended by You You from time to time) supersede all other terms and conditions and shall replace any terms and conditions previously notified to you.

(4)You You reserve the right to vary these Conditions at any time. If the conditions are varied, the updated conditions will be posted on the Terms and Conditions page of the Website as soon as the alteration is made.

(5)Your continued use of the Service after posting of the varied conditions on the Website constitutes your acceptance of the varied conditions and your agreement to be bound by the Agreement, as amended. The Client acknowledges they have not relied on any representation and/or warranty that has not been made in accordance with these Conditions.

(6)You You reserves the right to monitor and at their own discretion remove for any reason any information and/or material posted by the Client on the Client Profile.

(7)You You reserves the right to make changes to the Services as required from time to time by law.

3.Services

(1)You You shall provide the Services in accordance with these Conditions. The Services do not constitute an offer by You You, and You You reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.

(2)You You shall provide the Services using the information and criteria supplied by the Client in the Client Profile.

(3)You You shall use its reasonable endeavours to provide the Client the following services:-

(i)Access to the Website to create a You You account.

(ii)Up to ten You You candidate profiles per Client transaction on the Website.

(iii)Access to Client You e-mail on the Website.

(4)Time shall not be of the essence in relation to the provision of the Services.

4.Fees and Payment

(1)You You's fees for the Service shall be payable at the time of the Order Confirmation and prior to the commencement of the Service.

(2)The fees are exclusive of any applicable VAT.

(3)The fees shall be paid by the Client without any set off, deduction, counterclaim and/or withholding of monies. No payment or refund will be given to the Client for any inability to access the Service due to technical problems beyond the control of You You.

5.Client's Obligations

(1)The Client must set up an account with You You in order to gain access to the Services and provide all necessary information requested by You You.

(2)The Client agrees not to include in any Client Profile any material which is illegal, defamatory, offensive, or discriminatory.

(3)The Client is solely responsible for the content of the Client Profile and will indemnify You You against any claim, loss, liability, expense and/or damage in connection with the same.

(4)The Client shall include in the Client Profile the following information:-

(i)Any qualifications and/or authorisations required by the Client or any relevant professional body.

(ii)The nature of the work, the location, minimum experience, training and/or qualifications required by an applicant, the likely duration of the role, the hours of work, remuneration, the intervals of payment and benefits, and the notice periods required to be given by the Client and the applicant.

(iii)Sufficient details about the Client including its identity, the nature of its business and location.

(iv)Such other information requested by You You on the Client Profile, Website or otherwise.

(5)The Client shall be solely responsible for the security and proper use of their password. The Client further agrees to keep such password confidential at all times and not to disclose it to any other person, firm or organisation. The Client shall notify You You immediately if the Client believes their password is known to someone else or if it may be used in an unauthorised way. You You shall have no liability for any unauthorised or improper use or disclosure of any password.

(6)The Client acknowledges the Candidate Information is confidential and agrees not to disclose the Candidate Information to any person, firm or organisation without the written consent of You You.

6.Limitations of Liability

(1)You You shall have no liability for any defect in the Service caused or contributed by the Client.

(2)You You shall have no liability to the Client for any:-

(i)Consequential losses, whether direct or indirect losses (including but not limited to loss of profits, damage to goodwill, damage to reputation, loss of data, loss of programmes and/or Service interruptions);

(ii)Economic and/or other similar losses; and/or

(iii)Special damages and indirect losses.

(3)You You's total liability to the Client under and/or arising in relation to this Agreement shall not exceed the value of the fee paid by the Client.

(4)Each of the limitations and/or exclusions in this Agreement shall be deemed to be repeated and a separate provision for each of:-

(i)Breach of contract;

(ii)Liability in tort (including negligence);

(5)Nothing in this Agreement shall exclude or limit You You's liability for death or personal injury due to negligence.

(6)You You shall have no liability to the Client for any delay in performance of the Service and/or other matters to the extent that such events and/or matters are due to any events outside the reasonable control of You You, including but not limited to acts of God, or, flood, fire, neighbour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, Governmental actions and/or other similar events.

7.Termination

(1) You You may terminate this Agreement at any time if the Client:-

(i)Fails to make any payment to You You when due.

(ii)Breaches the terms of this Agreement.

(iii)Persistently breaches the terms of this Agreement.

(2)Termination of this Agreement shall be with or without written notice.

8.Intellectual Property Rights and/or Confidentiality

(1)All intellectual property rights in the Service and the Website shall be owned by You You absolutely.

(2)The Client warrants to You You that the information posted in the Client Profile is posted by the Client and that the Client is the sole author of the Client Profile. The Client assigns to You You with full title guarantee all copyright in the Client Profile.

(3)The Client agrees that it will keep confidential and not to use, and except for the purposes contemplated by this Agreement, any and/or information relating to the Service which may be disclosed to the Client by You You, except where such information is public knowledge or it is required to be disclosed by law.

(4)The trademarks, logos, graphics, photographs, animations, videos and text appearing on the www.youyou.co.uk Website are the intellectual property of You You and cannot be reproduced, used, published, distributed, sold or displayed without the express written permission of You You.

9.Indemnity

The Client agrees to indemnify and keep You You indemnified against any and/or losses, proceedings, lost profits, damages, awards, expenses, costs (including administration and legal costs on a full indemnity basis), claims, actions, and other losses and/or other liabilities suffered by You You and arising from and/or relating to the Client's use of the Service, information and/or material posted on the Client Profile, and/or arising from or due to any breach of contract, any tortuous act, and/or omission and/or any breach of statutory duty.

10.Jurisdiction

This Agreement shall be governed by and construed in accordance with English Law. The English Courts shall have non-exclusive jurisdiction to hear any dispute relating to these terms of use, including, without limitation, their validity, their interpretation, their performance and/or their termination and its consequences.

11.General

(1)The Client shall not have the right to assign this Agreement. You You shall have the right to assign any or all of their rights and obligations under this Agreement. Upon any such assignment You You shall be relieved of any and all liability under this Agreement.

(2)This Agreement contains the entire agreement between the Client and You You. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected shall be unaffected and shall remain in full force and effect.

(3)Notices to You You shall be sent to the registered office of You You and notices to the Client shall be sent to the address supplied on the Order Confirmation.

Job Seekers

This is the YouYou.co.uk Website. The use of this Website is subject to the following terms and conditions, which are deemed to be accepted by you each time you use the Website.

1.Definitions

"We, Us, Our and You You" shall mean You You Limited.

"You" means the person, firm or company or other organisation browsing and/or using the Website.

The "Website" shall mean www.youyou.co.uk.

2.Your Use of the Website

You may use the Website for lawful purposes only, when searching for employment or want to help with your career or CV. You must not under any circumstances undermine the security of the Website or any information submitted to or available through it. You must not seek to gain access to, alter or delete any information to which you do not have authorised access, nor seek to overload the system via spanning, nor take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of the Website or attempt to decipher, dissemble or modify any of the software, coding or information comprised in the Website.

3.Data submitted by You

(1)You are solely responsible for all information submitted by you on the Website. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or to deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trademark or other intellectual property rights of any person or company in any jurisdiction. You You reserves the right to remove any information supplied by you from the Website at our sole discretion, at any time and for any reason without being required to give any explanation.

(2)You You will use all the information supplied by you to help in the recruitment process. This includes processing and storing information (including, without limitation, sensitive personal data) and passing on or making available online such information to prospective employers. We may collate data from the information supplied by you to help us understand our users better. You consent to us using information provided by you (including, without limitation, sensitive personal data) in each of these ways. We will process any data which you provide in completing the online registration or application forms and other forms, assessments of personal details, which you complete or provide to us when using the Website in accordance with applicable data protection legislation.

4.Intellectual Property Rights

All intellectual property rights relating to the Website shall be owned by You You absolutely.

5.Passwords and Security

In order to use the Website, you will need to register your details, and to sign in when you visit the Website using a user name and password. You shall be solely responsible for the security and proper use of your password, which must be kept confidential at all times and not disclosed to any third parties. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. You You shall not be liable for any unauthorised or improper use or disclosure of any password.

6.Termination

We may terminate your registration and/or deny you access to the Website or any part of it at any time in our absolute discretion and without any explanation or notification.

7.Liability

You You shall not be liable for any loss (whether direct or indirect, financial or otherwise, wasted expenditure, corruption or destruction of data or any indirect or consequential loss whatsoever) arising from your use of the Website. You You hereby excludes any such liability whether in contract, tort (excluding for negligence) or otherwise.

8.Indemnity

You agree to indemnify You You and keep You You indemnified against all costs, expenses, claims, losses (whether direct or indirect), liabilities or proceedings arising from use or misuse by you of the Website.

9.Jurisdiction

The use of this Website and any agreements entered through this Website are governed by English Law. The English Courts shall have non-exclusive jurisdiction to hear any dispute relating to these Terms of Use, including, without limitation, their validity, and their interpretation, their performance and/or their termination and its consequences.

10.Changes to these Terms and Conditions

You You may vary and change these Terms and Conditions from time to time. You will be deemed to accept the new Terms and Conditions when you next use the Website following any amendment.