Terms & Conditions for Candidates and Hirers

From 1 January 2020, Fees are due from all Hirers using the Site except registered charities, or Hirer’s that are on an agreed Free Trial.  Any Vacancy that is on the Site on or after 1 January 2020 will incur Fees (even if it was posted by the Hirer before 1 January 2020).  Unless you adjust your account before 1 January 2020, Fees are due monthly in arrears for details of all Candidates supplied.

Please contact us on sales@zoek.uk if you wish to discuss your account.

 

1. Introduction

1.1     The Zoek website and any associated mobile application (the Site) is owned and operated Zoek Applications Limited, a company registered in England and Wales with registered number 07456183 and with its registered office at The Old Shippon, Moseley Hall Farm, Chelford Road, Knutsford, Cheshire, WA16 8RB (we, us). By using the Site you agree to be bound by these terms of use (the Terms) together with the privacy policy and cookie policy accessible in the Site (the Privacy Policy and the Cookie Policy respectively). These Terms and the Privacy Policy and Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use the Site. If you have any questions, you can contact us by email at enquiries@zoek.uk.

1.2     We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

1.3     The Site allows Hirers to post information about vacancies they are trying to fill, and Candidates to post a profile. The Candidates can search and apply for Vacancies and then the Hirer can view the Candidate’s profile.

1.4     We are an intermediary platform, and we are not bound in any way by any contract that may arise at any time between Candidates and Hirers.

 

2.Definitions

2.1     In these Terms, words defined in Condition 1 shall have the same meaning when used throughout these Terms.  In addition, the following words have the following meanings:

Candidate: an individual who registers on the Site to search for Vacancies;

Fees: the fees due from the Hirer in respect of a Candidate;

Hirer: a business or other entity who registers on the Site in order to recruit an individual;

Site Content: all materials on the Site, including all information, data, text, images, recordings and software excluding any content posted by a Hirer and/or a Candidate.

Terms: these terms and conditions.

Vacancy: the employment opportunity posted on the Site by a Hirer;

you: any user of the Site, including a Hirer and/or a Candidate.

2.2     In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.

2.3     Any reference to a statutory provision shall be a reference to such provision as may be updated or amended from time to time.

 

3.Registering on the Site and Use of the Site

3.1     Whether you are a Hirer or a Candidate, when you register with the Site you will create a username and password or you may be provided a username and password by us. You are responsible for keeping your username and password confidential, and you are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by email at enquiries@zoek.uk if you believe there has been any unauthorised use of your account.

3.2     When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to:

(a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site;

(b) harvest or otherwise collect non-public information about another user obtained through the Site (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;

(c) add a Site user to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes;

(d) transmit spam, chain letters or other unsolicited emails; and/or

(e) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.

3.3     You may not have more than on account on the Site.

 

4.Candidates

4.1     If you wish to register as a Candidate on the Site, you must:

(a) be at least 16 years old;

(b) be legally capable of entering into a contract;

(c) have all appropriate qualifications necessary for the sort of work you are seeking; and

(d) be legally entitled to work in the UK.

At our request, you shall provide evidence of your compliance with this Condition 4.1 and you agree that we may accept or reject your application to be a Candidate at our discretion.

4.2   Candidates are encouraged to create a profile and to keep their profile up-to-date. You warrant and represent all content included in a profile must comply with our Acceptable Use Policy and in particular, not:

(a) breach the provisions of any law, statute or regulation including any data protection laws and/or regulations;

(b) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party;

(c) be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence;

(d) be deliberately or knowingly false, inaccurate or misleading;

(e) include any content which promotes fraudulent, obscene, pornographic, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory; and/or

(f) give rise to any cause of action against us.

4.3    We do not monitor or review any content uploaded to the Site by a Candidate.  However, we may remove any such content at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 4.2.

 

5.Hirers 

5.1     If you wish to register as a Hirer on the Site, you must:

(a) have the authority to bind the Hirer to these Conditions; and

(b) be based in a territory covered by our services.

At our request, you shall provide evidence of your compliance with this Condition 5.1.

5.2     We shall consider your registration, and if we accept you as a Hirer on the Site, you shall be entitled to create Vacancies and a company profile.  If you have never posted a Vacancy on the Site, then the first 3 (three) months of access and use of the Site are free.  After the first 3 (three) month period, the Fees set out in Condition 7 are due and payable.

5.3     Hirers warrant and represent that all content they post on the Site, including within their profile and within a Vacancy, comply with our Acceptable Use Policy and in particular must not:

(a) breach the provisions of any law, statute or regulation including the Equality Act 2010 and the General Data Protection Regulation 2016;

(b) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party;

(c) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(d) be illegal, dishonest, false, inaccurate or misleading;

(e) include any content which promotes fraudulent, obscene, pornographic, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory; and/or

(f) contain content that is not in keeping with the intention of the Site, such as containing content solely to promote goods or services; and/or

(g) give rise to any cause of action against us.

5.4     We shall consider your Vacancy, and include it on the Site at our sole discretion.   We may also remove it at any time if we notice that it is in breach of any of the provisions of Condition 5.3.

5.5     We shall host the Vacancy in accordance with these Terms on the Site for a period of 45 days from receipt.   If the Vacancy is filled within such 45 day period, you agree to promptly remove the Vacancy from the Site.

5.6     You can view a Candidate’s profile if the Candidate applies for a Vacancy you have posted.

5.7     Hirers shall comply with all applicable laws relating to the processing of personal data in respect of the personal data of a Candidate including the Data Protection Act 2018 and the General Data Protection Regulation 2016.  In particular, Hirers shall only contact the Candidate in respect of the relevant Vacancy and shall take appropriate security measures (including physical, electronic and procedural measures) to help safeguard such personal data from unauthorised access, loss and destruction.

5.8     Hirers agree that we shall be entitled to reproduce and use the Hirer’s name and associated logos within publicity for the Site and our business.

 

6.Vacancies  

6.1     Hirers and Candidates acknowledge and agree that the Site operates as a job board and is provided for information purposes only.  We do not seek to introduce or supply Candidates to Hirers on the Site, in respect of any specific vacancy or otherwise.

6.2     We do not act as an employment agency and/or an employment business in respect of the Site. This means that we do not have the obligations of an employment agency and/or an employment business under the applicable laws, including any obligation to confirm the identity and/or suitability of a Candidate for a particular Vacancy and/or the suitability of a particular Vacancy or Hirer for a Candidate.  It is therefore the responsibility of the Hirer to ensure the Candidate is suitable for a particular Vacancy, and also the responsibility for the Candidate to ensure that the Vacancy and the Hirer is suitable for their purposes.  All normal, prudent checks should be carried out by Hirer and Candidate, including identity checks, qualifications, experience, a detailed understanding of the position that is offered (hours, location, pay), health and safety issues and legal requirements.

 

7.Fees and Refunds

7.1     No fees are due from Candidates in relation to the registration and use of the Site. No fees are due from Hirers who can demonstrate that they operate as a registered charity provided that they post Vacancies where the party engaging the Candidate would be employed or engaged by the registered charity and not any associated company or other organisation.

7.2     We use third party payment providers, Stripe and GoCardless to process payments. Accordingly the Hirer agrees to comply with the terms of service of the relevant third party payment provider which are available on the website of the third party payment provider. Hirers agree that we may share information about the Hirer’s business with a third party payment provider as necessary to process payments.

7.3     Fees due from Hirers in respect of the receipt of details of a Candidate and are either:

(a) Pre Pay:  the Hirer pays into a Zoek account , and each time we send the Hirer details of a Candidate, we deduct the appropriate Fee from the Hirer’s account.  For the avoidance of doubt, a Hirer on a Pre pay arrangement shall not be entitled to post Vacancies and any current Vacancies will be removed if the amount in their Zoek account is insufficient to cover the potential Fees due; or

(b) Post Pay: the Hirer pays all Fees incurred for the supply of details of a Candidate monthly in arrears on receipt of an invoice. The Hirer shall be entitled to set a maximum on the number of Candidates and therefore the maximum Fee due in respect of any Vacancy.

7.4     We reserve the right to change the calculation of the Fee due at our sole discretion and on notice to Hirers.

7.5     If the Hirer fails at any time to pay any sum on the due date for payment, we shall be entitled to:

(a)  charge interest on any outstanding sum at the rate of 4% per annum above the base rate from time to time of the Bank of England for the period from and including the due date to and including the date of receipt (whether before or after judgment); and/or

(b) cease to allow the Hirer to upload Vacancies, and remove any current Vacancies.

7.6     All payments made by the Hirer under this Agreement shall be made in full without any deductions.

7.7     The Hirer shall be entitled to a refund of any part of the Fee paid for a Candidate if the Candidate:

(a) is in breach of any of the  provisions set out in Condition 4.1;

(b) has no appropriate direct or transferable skills for the Vacancy; and/or

(c) has not included in their CV the qualifications or certifications set out in the Vacancy.

7.8        If the Hirer wishes to claim a refund under Condition 7.7, the Hirer must notify us within 30 days of receipt of the CV with a written notice (via the Hirer Portal) confirming why it is entitled to a refund.  If. we agree with your notification, we shall credit your Zoek account with the Fee paid for the Candidate, and this shall be our sole liability to a Hirer in respect of such Candidate.  If following such refund, the Hirer engages the Candidate in any role, the Fee shall become immediately due and payable again.

7.9        Within 10 days of termination of a Hirer’s account, all outstanding Fees shall be paid by the Hirer, and any sums held in the Hirer’s Zoek account shall be paid to the Hirer.

 

8.Site Availability

8.1     We shall use our reasonable endeavours to make the Site available at all times.  However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.  We shall use reasonable endeavours to notify all users of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours.  However, you agree that we have no liability to you for such interruptions.

8.2     For the avoidance of doubt, we shall also not be liable if you are unable to access the Site for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.

 

9.Disclaimer – Your attention is particularly drawn to these provisions

9.1     Notwithstanding any other provision of these Terms, but subject to Condition 7, you agree that we cannot and do not warrant that any Candidate shall find a suitable Vacancy, or that a Hirer shall find a suitable Candidate for their Vacancy.

9.2     Subject to Condition 9.5,  we shall in no circumstances be liable to any user of the Site in contract, tort (including negligence) or otherwise for any:

(a) loss of profit, anticipated profits or business;

(b) loss of data;

(c) loss of opportunity;

(d) loss of revenue or wasted expenditure;

(e) loss of goodwill or reputation; and/or

(f) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).

The provisions of this Condition 9.3 are severable.

9.3        Subject to Condition 9.5, our maximum liability to a Hirer whether in contract, tort or otherwise shall in no circumstances exceed the total Fees paid by the Hirer to us in the six (6) months preceding the date on which the liability arose.

9.4        If you are a Candidate, we shall be liable only for direct losses that you suffer as a result of our breach of these Terms or our negligent act or omission.

9.5        Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.

 

10.Indemnity

10.1      The Hirer shall indemnify and keep indemnify and hold us harmless from and against any costs, claims, losses, damages, expenses and liabilities that we may suffer or incur arising as a result of:

(a) any claim or allegation in relation to the content of a Vacancy; and

(b) any claim or allegation from a Candidate or any third party relating to the acts or omission of the Hirer.

 

11.Intellectual Property Rights

11.1      The copyright in all Site Content is owned by or licensed to us. All rights are reserved. You can view, print or download extracts of the Site Content for your own use in order to seek employment or seek employees and for no other purposes.  You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Site Content without our permission.

 

12.Confidential Information

12.1      Confidential Information shall mean all confidential information whether written or oral and in whatever medium and relates to the business, products, financial and management affairs, customers, employees or authorised agents, plans, proposals, strategies or trade secrets disclosed by one party (the Disclosing Party) to the other party (the Receiving Party).

12.2      The Receiving Party shall not, and shall ensure that its employees shall not, use copy or disclose any of the Confidential Information of the Disclosing Party except to carry out its obligations and exercise its rights under the Conditions.

12.3      The Receiving Party shall only disclose the Disclosing Party’s Confidential Information to those of its employees to the extent that they need to know the same in order to carry out its obligations under the Conditions and where those employees are bound by written obligations of confidentiality and non-use and such obligations apply to the Confidential Information disclosed to them.

12.4      The provisions of Conditions 12.1, 12.2 and 12.3 shall not apply to any Confidential Information which:

(a) is or becomes generally available to the public other than as a result of any act or omission of the Receiving Party;

(b) is already in or comes into the possession of the Receiving Party from a person lawfully in possession of the information and owing no obligation of confidentiality to the Disclosing Party in respect of the information; or

(c) is required to be disclosed by any court, government or administrative authority competent to require disclosure.

 

13.Linking

13.1      You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms. If you wish to make any use of material on our Website other than that set out in these Terms, please address your request to enquiries@zoek.uk.

13.2      Our Website may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

 

14.Termination or Suspension

14.1      We reserve the right to suspend or terminate the account of a Hirer or a Candidate at any time and without liability.

14.2      Following termination by us of your account, you must cease to use the Site and you must not re-register on the Site under any other name.

14.3      You may contact us at any time to terminate your account and we shall promptly remove your content from the Site.

14.4      Termination of this Agreement shall not affect the accrued rights of the parties or the operation of any provision clause which expressly or by implication should continue after termination.

 

15.General

15.1   We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains, or in any part of our business.

15.2   No joint venture, partnership, employment or agency relationship exists between you and us as a result of your use of the Website.

15.3   These Terms and the Privacy Policy and Cookie Policy (as amended from time to time) constitute the entire agreement relating to your use of the Site.

15.4   If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

15.5   Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.6   You may not assign, delegate or otherwise transfer your account or your obligations under these terms without our prior written consent. We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.

15.7   Any notice to you via email, regular mail or notices or links on our Website shall constitute acceptable notice to you under these terms.

15.8   These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

 

Last updated: November 2019