Terms & Conditions for Candidates and Hirers

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).

1.2 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, the Privacy Policy and/or the Cookie Policy, do not use the Site. If you have any questions, you can contact us by email at enquiries@zoek.uk.

1.3 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 with details of the change and the effective date of the change. 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.

1.4 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.

1.5 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 and Interpretation

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;

Confidential Information: has the meaning given to it in Condition 13;

Data Protection Legislation: any laws and regulations of the UK relating to the processing of personal data including the Data Protection Act 2018 and the General Data Protection Regulation 2016/679. The terms controller, processor, process, processed, processing and Personal Data shall have the meaning given to them in the Data Protection Legislation;

Fees: the fees due from the Hirer to use the Site together with all applicable VAT;

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;

Working Day: any day except a Saturday, Sunday or public holiday in England; and

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

2.2 Words in the singular include the plural and in the plural include the singular.

2.3 The headings shall not affect the interpretation of these Terms.

2.4 References to Conditions are references to the numbered provisions of these Terms.

2.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.

2.6 Any phrase introduced by the words including shall be construed as illustrative and shall not limit the generality of the related general words.

2.7 A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension or re-enactment and includes any subordinate legislation.

3. Registering on the Site and Use of the Site

3.1 The personal details that you provide on registration must be true, accurate and complete. You agree to update your account to reflect any changes, or to notify us accordingly. As part of the registration, 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. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is in breach of these Terms.

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 one 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 that all content included in a profile will 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.

4.4 Unless you notify us otherwise, including within your account, then by registering your CV on the Site you agree that we may also store and show your CV and profile details, to recruiters and on any other job board owned directly by us.

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 Terms; 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 (and subject to payment of any advance Fee required), you shall be entitled to select a Hirer’s account (as described in Condition 7), create Vacancies and a company profile.

5.3 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.

5.4 You can view a Candidate’s profile if the Candidate applies for a Vacancy you have posted. If you contact a Candidate, you agree to act professionally and appropriately.

5.5 Hirers shall comply with the Data Protection Legislation relating to the processing of personal data in respect of the personal data of a Candidate. Hirers acknowledge and accept that they are acting as a controller in connection with any personal data obtained relating to a Candidate. It is the responsibility of each Hirer to comply with its obligations as a controller and to satisfy itself of the legal grounds for processing any personal data. 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.

5.6 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 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 Data Protection Legislation;

(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, inappropriate or illegal activities; promotes violence or hatred; is discriminatory of any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory;

(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.

6.2 Hirers further warrant and represent that their Vacancies will , comply with the rules regarding the content and format of Vacancies set out in this Condition 6.3. The purpose of these rules is to ensure that users who search the Site get results which are presented as clearly and informatively as possible. Hirers agree that we may, at our discretion and without liability to a Hirer, remove from the Site any Vacancy which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly. Notwithstanding our rules, Hirers agree that:

(a) the Vacancy must exist in the town advertised;

(b) the Vacancy title should be specific and be the best description for the role. It must not include locations, salaries or company names, and should not be a slogan (e.g. Great Opportunity or Money To Be Made!);

(c) emails and URLs within Vacancy descriptions are not allowed. We will automatically remove these;

(d) the description of the Vacancy should mention the required skills as well as details describing the role. Contact names should not be mentioned. Recruitment agencies are only permitted to include the client name that they are recruiting on behalf of once within the description; and

(e) the Vacancy should accurately describe the role and not mislead the Candidate; sufficient detail should be included in order for the Candidate to understand the nature of the Vacancy and the basic requirements of the Vacancy; and

(f) if a Vacancy requires a Candidate to work in multiple locations then the Vacancy must state this by selecting ‘Nationwide’; similarly if the Vacancy is a commission only role then this must be stated.
6.3 Vacancies which discriminate (or appear to discriminate) on grounds of sex, race, age or disability are illegal and may give rise to legal action. Vacancies are accepted on the basis that the Hirer confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if we believe that a Vacancy may be discriminatory we may at our discretion either amend the Vacancy or remove it from the Site without liability to you to make any refund of amounts paid or due to be paid in respect of the Vacancy or otherwise and will inform you accordingly.

6.4 Vacancies can be distributed to and displayed across our network of selected partner sites, unless you contact your account manager or by emailing hirer@zoek.uk requesting that your Vacancies are not used in this way. However, we cannot warrant that any Vacancy will appear on our entire network; any Vacancy will appear on specific partner sites; and/or that your Vacancy will be ranked in a position on any of our partner sites.

6.5 We shall consider your Vacancy, and include it on the Site at our sole discretion. Notwithstanding any other provision of these Terms, we may remove a Vacancy at any time if we notice that it is in breach of any of the provisions of this Condition 6.

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 On registration, Hirers will automatically get put onto our Flexible Free Organic (FFO) model. This allow Hirers to post unlimited job postings and receive applications from Candidates free of charge. Vacancies will only be featured and found organically via our website, search results page.

7.4 For a Fee, Hirers can select a paid for model if they wish to receive more exposure/applications and have their Vacancies rank higher on the job search results page. We offer the following models:

(a) Pay Per Application (PPA): Hirers pay a Fee for any applications received from Candidates. The Fees depends on the salary or pay for the Vacancy as set out here: https://zoek.uk/hirer/charges

(b) Cost Per Click (CPC): Hirers pay a Fee for every click when a Candidate views the Vacancy. The Fee is determined by the Hirer either for each individual Vacancy or for all Vacancies posted on the Hirer’s account. The higher the Fee for a Vacancy, the higher it ranks on the Site when a Candidate performs a search.

(c) Subscription: Hirers pay a Fee in advance on the first Working Day of each month or year depending on the subscription terms agreed under Condition 7.5, for unlimited Vacancy postings, and applications. Vacancies on this model will rank above those on the FFO model.

7.5 To purchase a subscription under Condition 7.4,(c) Hirers must first sign a written contract with us with the details of the Fees due and duration of the Subscription. Contracts are not required for any other model, unless required to manage any particular commerical terms that we agree with you

7.6 On registration, Hirers will automatically be invoiced on a monthly basis, but Hirers may select our pre-pay option:

(a) Monthly Pay or Post Pay: We will invoice Hirers on the first Working Day of each month for the Fees due for the previous month, or for a monthly subscription, for Fees due in advance for the following month. You may choose to pay the Fees by direct debit, automatically via the debit or credit card linked to your account, or BACS.

(b) Pre Pay: the Hirer pays into a Zoek account, and each time the Hirer posts a Vacancy, or a monthly subscription is due, 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.

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

7.8 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);

(b) cease to allow the Hirer to upload Vacancies, and remove any current Vacancies; and/or

(c) on 45 days’ written notice, terminate your account.

7.9 All payments made by the Hirer shall be in pounds sterling, and made in full without any deductions, withholding, set-off or counterclaim.

7.10 The Hirer shall be entitled to a refund only under the PPA model 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.

7.11 If the Hirer wishes to claim a refund under Condition 7.10, the Hirer must notify us within 14 days of receipt of the application from a Candidate 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.

7.12 For the avoidance of doubt, except as set out in Condition 7.10 and 7.11, no refunds of the Fee are due, including if any of the information provided by the Candidate in their application or otherwise is untrue or if the Candidate does not meet the requirements of the Vacancy for any reason whatsoever.

7.13 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.

8.3 We reserve the right to remove any content or features from the Site for any reason, without prior notice, and shall have no liability or responsibility to you in any manner whatsoever in such circumstances.

8.4 You shall not act in a way which could risk overloading, impairing or damaging our Site and supporting infrastructure. If at any time your access to and/or use of the Site is excessive and as a result impacts on other clients’ ability to use the Site, we shall notify you accordingly and you shall promptly take appropriate steps to remedy such use.

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

9.1 We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this Site. The information contained in this Site may contain technical inaccuracies or typographical errors. Your use of such information and/or data is therefore entirely at your own risk.

9.2 Services and information provided on the Site by us and our third party suppliers are intended to assist in the job seeking or recruitment process. Neither we nor our third party suppliers can guarantee a Candidate’s suitability or prospects of success in any particular case. You should obtain independent verification before relying on information provided on the Site in circumstances which may result in loss or damage.

9.3 Notwithstanding any other provision of these Terms 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.

9.4 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. Hirer and Candidates need to be aware that Zoek do not introduce or supply Candidates to Hirers (or vice versa). 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.

9.5 Subject to Condition 9.8, 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 9.5 are severable.

9.6 Subject to Condition 9.8, 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.

9.7 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.

9.8 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. Circumvention

10.1 For the avoidance of doubt, the Candidate shall not request direct payment of any sums from the Hirer and the Hirer shall not pay any sums directly to a Candidate. If a Candidate does request direct payment from a Hirer or a Hirer does offer to pay a Candidate directly, the Candidate or the Hirer as the case may be shall promptly notify us accordingly.

11. Indemnity

11.1 The Hirer shall indemnify and keep indemnify and hold us, our directors, agents, associated companies and partners 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.

12. Intellectual Property Rights

12.1 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.

13. Confidential Information

13.1 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).

13.2 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.

13.3 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.

13.4 The provisions of Conditions 13.1, 13.2 and 13.3 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.

14. Linking

14.1 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 Site must not be framed on any other site, nor may you create a link to any part of our Site 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 Site other than that set out in these Terms, please address your request to enquiries@zoek.uk.

14.2 Our Site 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.

15. Termination or Suspension

15.1 Subject to Condition 15.2, we reserve the right to suspend or terminate the account of a Hirer or a Candidate at any time and without liability. You may also terminate your account at any time within the settings of your account.

15.2 If a Hirer has a subscription model account, then we and the Hirer may terminate the account on written notice to the other party with immediate effect only:

(a) in accordance with the terms agreed under Condition 7.5;

(b) if the other party commits any material breach of any of these Terms and if such breach is capable of remedy fails to remedy that breach within 10 (ten) Working Days of being notified of the breach; or

(c) if the other party enters into liquidation compulsorily or voluntarily or compounds with its creditors or has an administrator, receiver or administrative receiver appointed over all or any part of its assets or takes or suffers any similar action in consequence of debt (except where any action occurs for the purposes of reconstruction or amalgamation whilst solvent).

15.3 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.

15.4 On termination, you understand and acknowledge that all account information and content that you have uploaded to your account on the Site, including CVs, profiles, cover letters, Vacancies, questionnaires will be marked as deleted and will be deleted from our databases within a reasonable time period. Third parties may retain saved copies of your information notwithstanding termination.

15.5 Termination 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.

16. General

16.1 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.

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

16.3 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.

16.4 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.

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

16.6 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.

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

16.8 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: 30 June 2020