Website Terms & Conditions
Website Terms and Conditions, Version 2 – 7th
March 2012
This is the Chefsxpress Ltd website. Your use of this website is subject to the
following terms and conditions, which you are deemed to accept each time you
use the website.
1. DEFINITIONS
1.1 The following definitions apply:
"we" means Chefsxpress Ltd and
"our" shall be construed accordingly.
"you" means the person, firm, company or organisation browsing and/or
using the Chefsxpress Ltd.co.uk website, and "your" shall be
construed accordingly
2. INTERRUPTIONS AND OMISSIONS IN SERVICE
2.1 Whilst we try to ensure that the standard of this website remains high and
to maintain the continuity of it, the internet is not an inherently stable
medium, and errors, omissions, interruptions of service and delays may occur at
any time. We do not accept any liability arising from any such errors,
omissions, interruptions or delays or any ongoing obligation or responsibility
to operate this website (or any particular part of it) or to provide the
service offered on this website. We may vary the specification of this site
from time to time without notice.
3. LINKS TO OTHER SITES
3.1 On this site you will be offered automatic links to other sites which we
hope will be of interest to you. We do not accept any responsibility for or
liability in respect of the content of those sites, the owners of which do not
necessarily have any connection, commercial or otherwise, with us. Using
automatic links to gain access to such sites is entirely at your own risk.
4. INFORMATION OBTAINED THROUGH THIS SITE
4.1 Whilst we make every effort to ensure that the information you obtain
through this site and any associated sites, articles, blogs, postings,
submissions, social media links and other media, is accurate and complete, some
of the information is supplied to us by third parties and we are not able to
check the accuracy or completeness of that information. Irrespective of the
source of the information, we supply it as a goodwill gesture to casual
visitors, registered members, candidates and to clients who engage our
services. We strongly advise you to obtain your own qualified legal and
professional advice as appropriate. We do not accept any liability arising from
any inaccuracy or omission in any of the information you obtain through this
site or any liability in respect of information on this site supplied by you,
any other site user or any other person.
5. YOUR USE OF THIS SITE
5.1 You may only use this Site for lawful purposes when seeking employment or
help with your career or when recruiting staff. You must not under any
circumstances seek to undermine the security of the Site or any information
submitted to or available through it. In particular, but without limitation,
you must not seek to access, alter or delete any information to which you do
not have authorised access, seek to overload the system via spamming or
flooding, take any action or use any device, routine or software to crash,
delay, damage or otherwise interfere with the operation of this Site or attempt
to decipher, disassemble or modify any of the software, coding or information
comprised in the Site.
5.2 You are solely responsible for any information submitted by you to this
site. 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 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, trade mark or other
intellectual property rights of any person in any jurisdiction. You are also
responsible for ensuring that all information, data and files are free of
viruses or other routines or engines that may damage or interfere with any
system or data prior to being submitted to this site. We reserve 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.
6. INFORMATION SUBMITTED BY YOU
6.1 Chefsxpress Ltd and associated businesses or companies will use information
supplied by you (including, without limitation, sensitive personal data) to aid
the recruitment process and associated administrative functions or other
services deemed as appropriate from time to time. This involves us and/or the Chefsxpress
Ltd Corporate Family, amongst other things, processing and storing information
(including, without limitation, sensitive personal data) and passing or making
available online such information to prospective employers and clients;
information about vacancies and placements will be passed to candidates and may
be posted directly onto the website. We use third parties to help us process
your information as part of the recruitment process. We may collect and
aggregate data from the information supplied by you to help us to understand
our users as a group so that we can provide you with a better service. We may
also share aggregate information with selected third parties, without
disclosing individual names or identifying information. You consent to us and
the Chefsxpress Ltd Corporate Family using information provided by you
(including, without limitation, sensitive personal data) in each of these ways.
6.2 Please note that all Third Party recruitment agencies have to abide by our
Terms and Conditions and should they be found to be in breach of the Terms and
Conditions, they will be prevented from using our services.
6.3 We will process any data which you provide in completing the online
registration or application forms and any further forms, assessments or
personal details which you complete or provide to us when using this site in
accordance with UK data protection legislation. We explain more about your
personal data in our Privacy Policy.
7. TERMS OF BUSINESS
7.1 Each employment assignment or placement arising as a result of an
introduction made by Chefsxpress Ltd will be subject to our standard Terms of
Business as they are applicable in the circumstances. All prospective employers
and clients for whom we arrange assignments or placements will be provided with
a copy of the Terms of Business applicable to them at or following
registration. Separate terms and conditions also apply to the use of our Recruiter
site.
8. CONTENT RIGHTS
8.1 The rights in material on this site are protected by international
copyright, software and trademark laws and you agree to use this site in a way
which does not infringe these rights. You may copy material on this site for
your own private or domestic purposes, but no copying for any commercial or
business use is permitted.
9. SECURITY AND PASSWORDS
9.1 In order to register with this site and to sign in when you visit the site,
you will need to use a user name and password. You are solely responsible for
the security and proper use of your password, which should be kept confidential
at all times and not disclosed to any other person. 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. We accept no liability for any unauthorised
or improper use or disclosure of any password.
10. TERMINATION
10.1 We may terminate your registration and/or deny you access to the site or
any part of it (including any services, goods or information available on or
through the site) at any time in our absolute discretion and without any
explanation or notification.
11. LIABILITY
11.1 We accept no liability for any loss (whether direct or indirect, for loss
of business, revenue or profits, wasted expenditure, corruption or destruction
of data or for any other indirect or consequential loss whatsoever) arising
from your use of the site and we hereby exclude any such liability, whether in
contract, tort (including for negligence) or otherwise. We hereby exclude all
representations, warranties and conditions relating to this website and your
use of it to the maximum extent permitted by law.
11.2 You agree to indemnify us and keep us indemnified against all costs, expenses,
claims, losses, liabilities or proceedings arising from use or misuse by you of
this site.
11.3 You must notify us immediately if anyone makes or threatens to make any
claim against you relating to your use of this site.
12. CHOICE OF LAW AND JURISDICTION
12.1 The use of this website and any agreements entered into through this
website are to be governed by and construed in accordance with English law. The
courts of England are to have exclusive jurisdiction to settle any dispute
arising out of or in connection with the use of this website or any agreement
made through this website.
12.2 Some of the goods or services offered through this website may not be
lawful or may otherwise not be permitted in certain countries outside the
United Kingdom. If you attempt to order, receive, purchase or otherwise benefit
from any such goods or services, we do not accept any liability for any losses
suffered by you in using this website which you would not have suffered had you
been accessing this website as a United Kingdom resident (including as a result
of us being prevented from dealing with any application or enquiry by any law,
regulation or other ruling applicable in any country).
13. CHANGES TO TERMS AND CONDITIONS AND INVALIDITY
13.1 These website terms and conditions may be changed by us at any time. You
will be deemed to accept the terms and conditions (as amended) when you next
use this site following any amendment.
13.2 If any provision of these terms and conditions is held to be invalid by a
court of competent jurisdiction, such invalidity shall not affect the validity
of the remaining provisions, which shall remain in full force and effect.
Job Seeker Terms & Conditions
Job
Seeker Terms and Conditions, Version 1 – 7th November 2011
1. DEFINITIONS
1.1. In these Conditions the words and phrases listed below shall have the
following meanings unless contextually otherwise obvious:
"Advertisement" means any Advertisement issued by Chefsxpress Ltd on
behalf of the Client;
"Applicant" means a Candidate who applies for a vacancy advertised on
the Site;
"Application" means an Application made by a Candidate to a vacancy
advertised on the Site;
"Candidate" or "Job Seeker" means a person who uses the
Site for the purpose of finding employment;
"Client" means the person(s) who have signed a Service Agreement for
use of the Chefsxpress Ltd Site and Services;
"Conditions" means these Standard Terms and Conditions;
"CV" means the curriculum vitae or brief outline details of a
Candidate's education, training, skills and employment experience which is
provided to Chefsxpress Ltd by a Candidate for distribution to Clients with a
view to securing employment;
"CV Online" means a CV Service which enables the Client to upload or
to search for and view CVs online using various search criteria;
"End Client" means the person to whom the Client's services are
provided;
"Chefsxpress Ltd" means the trading name and Brand of the business
through which recruitment a services are offered to potential employers and
employees;
"Registration" means the process of application which a Candidate
completes in order to register or to store and save their details and CV on Chefsxpress
Ltd, for the purposes of securing employment;
"Screening Process" means the whole process through which the
Candidate will be placed in the assessment for suitability for employment in
specific roles or in general and includes the registration process, CV
presentation, undertaking of a recorded Telephone or Video Interview and a Job
Match & Personal Profile Blueprint (PPB), which is specifically designed to
assess or compare the general and specific intelligence, logic, cognitive
function, outward characteristics, underlying characteristics and the general
traits and the basic integrity of the Candidate;
"Services" means the Services which Chefsxpress Ltd has agreed to
provide to the Client and the Services which are available on the Site for use
by Candidates;
"Service Agreement" means the service agreement entered into between
the Client and Chefsxpress Ltd;
"Site" means the Site at www.Chefsxpress Ltd.co.uk or any other
website operated and maintained by Chefsxpress Ltd from time to time;
1.2 In these Conditions:
1.2.1. references to any statute or statutory provision shall, unless the
context otherwise requires be construed as a reference to that statute or
statutory provision as from time to time amended, consolidated, modified,
extended, re-enacted or replaced;
1.2.2. references to the masculine include the feminine and the neuter and the
singular include the plural and vice versa as the context admits or requires;
1.2.3. words importing persons include individuals, bodies corporate and
unincorporate; and
1.2.4. headings will not affect their construction.
2. APPLICATION OF THE TERMS
2.1. These Terms and Conditions, to the exclusion of all previous terms and conditions issued by Chefsxpress Ltd, in conjunction with the website terms and conditions and the privacy policy shall apply to any Candidate who registers for the services of Chefsxpress Ltd after the date on which these Conditions were posted on the Site.
2.2. These Conditions are deemed to be fully
read and accepted by the Candidate upon electronic acceptance of these
Conditions during Registration, or in the case of a Candidate who has not
completed Registration, when an Application is made.
2.3. No variation or alteration to these Conditions or any representations
about the Services shall have any effect unless expressly agreed and confirmed
in writing by a director of Chefsxpress Ltd.
3. SERVICES GENERALLY
3.1. Chefsxpress Ltd does not make any representation whatsoever about any
Advertisement accessed either on, by virtue of or by way of any links from the
Site nor about any of the Clients who use Services on the Site. Chefsxpress Ltd
relies on information provided to it by Clients and via third parties and
accordingly it is a matter for the Candidate to satisfy itself as to the
suitability of any Client using Services on the Site or of any Advertisement
found directly or indirectly through the Site.
3.2. Chefsxpress Ltd shall be entitled at anytime without notifying the
Candidate to make changes to the Services which are necessary to comply with
any applicable security or other statutory requirements and shall determine the
manner in which the Services are provided
3.3. Any intellectual property, ideas, concepts, know-how or techniques
developed by Chefsxpress Ltd or obtained during the execution of the Services
will be owned exclusively by Chefsxpress Ltd.
3.4. Chefsxpress Ltd shall not be responsible for any failure to provide the
Services, or unavailability of the Site, as a result of circumstances beyond
its reasonable control.
3.5. The Candidate accepts that Chefsxpress Ltd shall not be liable for any
failure to provide the Services (or any part thereof) as a result of the
Candidate's failure to comply with these Conditions.
3.6. The Candidate agrees to provide Chefsxpress Ltd, in such a format as Chefsxpress
Ltd may request, any information necessary to enable Chefsxpress Ltd to provide
those Services.
3.7 Chefsxpress Ltd shall not be obliged to provide those Services until the
Candidate has supplied it with the information, necessary to provide those
Services.
4. CVS
If the Candidate has saved their details and stored a CV on Chefsxpress Ltd,
the provisions of this clause shall apply thereto.
4.1. The Services are subject to any instructions from a Candidate that his or
her details should or should not be made available to the Client and Chefsxpress
Ltd will only make available or supply copies of the CVs which have been
received by it for distribution to Clients of Chefsxpress Ltd solely for the
purpose of securing suitable employment for the Candidate.
4.2. Chefsxpress Ltd cannot guarantee the minimum number of times a CV will be
viewed by or distributed to Clients over any given period of time.
4.3. Chefsxpress Ltd will (under normal circumstances) ensure that CVs are made
available to suitable Clients as soon as practical after receipt of the CV from
a Candidate,
4.4. Chefsxpress Ltd may, at its discretion and without notice, report improper
or illegal use of CVs or the Services by the Candidate to its Clients.
4.5. Chefsxpress Ltd has the right at its sole discretion to decline to
distribute or forward, or to suspend or remove any Candidate information or CV
accepted by it.
4.6. Chefsxpress Ltd may refuse, withdraw, or require to be amended, any
Candidate information or CV which is illegal, immoral, obscene or offensive or
so as to comply with the legal or moral obligations placed upon Chefsxpress Ltd
or the Candidate or to avoid infringing a third party's rights or any statutory
or regulatory requirements or is designed to or is likely to cause disruption
to any computer system or network.
4.7. The Candidate hereby undertakes that:
4.7.1 the details and CV they store and save on Chefsxpress Ltd are a true and
accurate reflection of their education, employment, training history and that
their personal details are correct;
4.7.2 that if any of the information stored and saved on Chefsxpress Ltd for
the purposes of securing employment is found to be false or inaccurate in any
way, that Chefsxpress Ltd reserves the right to remove those details and/or
suspend the use of the Services on the Site for the Candidate;
4.7.3 in respect of any information or CV submitted by the Candidate which
contains the name or pictorial representation (photographic or otherwise) of
any living person and/or any part of any living person and/or any copy by which
any living person is or can be identified the Candidate has obtained the
authority of such living person to make use of such name, representation and/or
copy;
5. APPLICATIONS AND APPLICATIONS FORMS
If the Candidate makes an Application or is required to complete an Application
Form as part of an Application, the provisions of this clause shall apply
thereto:
5.1. The Candidate hereby undertakes that:
5.1.1. they have fully read and understood the requirements of a vacancy
Advertisement on the Site to which they make an Application;
5.1.2. they have the appropriate skills and qualifications required by the
Client and the necessary qualifications required by law;
5.1.3. they satisfy or will attend to the necessary immigration requirements of
the country in which the position will be situated;
5.1.4. the details they provide to the Client as part of an Application or in
an Application Form are a true and accurate reflection of their education,
employment, training history and that their personal details are correct;
5.1.5. that if any of the information used in an Application or Application
Form is found to be false or inaccurate in any way, that Chefsxpress Ltd
reserves the right to remove those details and/or suspend the use of the
Services on the Site for the Candidate;
5.1.6. in respect of any information submitted during the Application by the
Candidate which contains the name or pictorial representation (photographic or
otherwise) of any living person and/or any part of any living person and/or any
copy by which any living person is or can be identified, the Candidate has
obtained the authority of such living person to make use of such name,
representation and/or copy.
5.2. Chefsxpress Ltd has the right at its sole discretion to decline to
distribute or forward, or to suspend or remove any Application accepted by it.
5.3. Chefsxpress Ltd may refuse, withdraw, or require to be amended, any
Application which is illegal, immoral, obscene or offensive or so as to comply
with the legal or moral obligations placed upon Chefsxpress Ltd or the
Candidate or to avoid infringing a third party's rights or any statutory or
regulatory requirements or is designed to or is likely to cause disruption to
any computer system or network.
5.4. When a Candidate makes an Application through the Site, Chefsxpress Ltd
will pass the Candidate's details to the Client who placed the Advertisement
for the purpose of that one Application only.
5.5. The Candidate accepts that Chefsxpress Ltd cannot be held responsible for
the content of Advertisements on the Site and that no obligations are imposed
on Chefsxpress Ltd in this regard.
6. SCREENING PROCESS, TESTING AND INTERVIEWING
If the Candidate makes an Application or Registers by whatever means then as
part of an Application, the provisions of this clause shall apply thereto:
6.1. The Candidate hereby undertakes that:
6.1.1. they will avail themselves to the Screening Process and fully accept
that the results from any element of the Screening Process will be utilised by Chefsxpress
Ltd at its sole discretion in its assessment of the Candidate and in its
recommendation to potential employers. The Screening Process is an essential
part of the Chefsxpress Ltd service and should the Candidate be unsuccessful
either directly or indirectly as a result of any part of the Screening Process
or the Chefsxpress Ltd recommendation, then the Candidate agrees not to hold Chefsxpress
Ltd responsible or liable in any way whatsoever for any personal sufferance or
consequential loss.
6.1.2. they will answer all questions in the Screening Process in a truthful
manner and not in any way attempt to falsely skew or facilitate answers which
alter the analysis of the results of the Screening Process and produce a result
which is not a natural or truthful assessment of the candidate.
7. CANDIDATES OBLIGATIONS
7.1. The Candidate agrees that:
7.1.1. it has read, understood and agrees to the Privacy Policy or Statement
available on the Site;
7.1.2. it will keep confidential and not disclose to any person the password
used by them in relation to the Services;
7.1.3. it will be responsible for any misuse of all such passwords.
8. LIABILITY
8.1. Chefsxpress Ltd will not be liable (whether in contract or tort) for:
8.1.1. any loss of copy, artwork, photographs, data, CVs or other materials
that the Candidate supplies to Chefsxpress Ltd and the Candidate shall be
responsible for retaining in its possession sufficient quality and quantity of
such materials for whatsoever purposes it may require;
8.1.2. any mistakes or errors whatsoever that arise during the course of use of
the Services or any loss of information or data or any damage thereto in each
case as a result of circumstances beyond its reasonable control or which arise
as a result of the acts or omissions of the Candidate;
8.1.3. for any failure to secure employment or consequential loss (whether
caused by the negligence of Chefsxpress Ltd, its employees or agents);
8.1.4. any delay, costs, expense, loss, damage or liability (including without
limitation as a result of any hardware failure, provision or use of software,
virus, deletion, corruption, loss or removal of data) howsoever caused arising
from any matter beyond the reasonable control of Chefsxpress Ltd or as a result
of the acts or omissions of the Candidate;
8.1.5. any loss or damage whatsoever howsoever caused arising out of the
negligence, dishonesty, misconduct, breach of faith, incompetence, or the
wrongful disclosure of confidential information by, any Client. It is for the
Candidate to satisfy itself as to the integrity and reliability of all vacancy
Advertisements placed on the Site;
8.1.6. any breach of agreement or infringement or violation of any right of any
person or be rendered liable to any proceedings whatsoever, as a result of any
information or CV or Application submitted to it by the Candidate and the
Candidate indemnifies Chefsxpress Ltd against all costs, claims, damages, loss,
expenses and liabilities suffered or incurred by Chefsxpress Ltd as a result of
this undertaking and warranty being incorrect.
8.2 Nothing in these Conditions will restrict or exclude Chefsxpress Ltd's
liability for death or personal injury caused by its own negligence.
8.3 The Candidate agrees and acknowledges that no condition, warranty or
representation of any kind is, has been, or will be, given by or on behalf of Chefsxpress
Ltd in respect of or in connection with the Services and accordingly the
Candidate confirms that it has not, in accepting these Conditions, relied on
any condition, warranty or representation by Chefsxpress Ltd or any person on
its behalf, express or implied, whether arising by law or otherwise in relation
to or in connection with the Services. The benefit of any such condition,
warranty or representation by Chefsxpress Ltd is hereby irrevocably and
unconditionally waived by the Candidate.
9. TERMINATION AND CANCELLATION
9.1 These Conditions apply unless replaced by subsequent Conditions or unless
terminated under Clause 9.2 of these Conditions.
9.2. Either party may, at its sole discretion, terminate the provision of the
Services to the Candidate at any time by notice in writing to the other party
(the "Defaulting Party") if the Defaulting Party is in breach of
these Conditions and fails to remedy such breach within 14 days of notice from
the other party requiring it to be remedied.
9.3. The Candidate shall be responsible for all reasonable costs, claims,
damages, loss, expenses and liabilities incurred by Chefsxpress Ltd arising out
of the Candidate's breach of its obligations under these Conditions (including,
without limitation, on a solicitor and own client basis, any legal fees and
disbursements reasonably incurred by Chefsxpress Ltd).
10. NOTICES
10.1. Notice required or permitted to be given under these Conditions shall:
10.1.1. be in writing addressed to that other party at its registered office or
principal place of business or such other relevant address as may at the
relevant time have been notified pursuant to this provision to the other party
giving the notice; or
10.1.2. be in the form of an email addressed to Chefsxpress Ltd at info@Chefsxpress
Ltd.co.uk (or such other address as supplied by Chefsxpress Ltd) or if to the
Candidate, to the address provided in the Candidate's details submitted during
Registration or as subsequently amended and the Candidate will be deemed to have
received such notification within one hour of transmission.
10.2. The Candidate is responsible for notifying Chefsxpress Ltd of any changes
to its email address. Such notification shall request an acknowledgement of
receipt and shall be confirmed in writing and sent to Chefsxpress Ltd by email.
11. GENERAL
11.1. If any provision of these Conditions shall be invalid or unenforceable,
it shall not affect any other provision, which shall remain in full force and
effect.
11.2. Any waiver by Chefsxpress Ltd of any breach of, or any default under, any
provision of these Conditions by the Candidate will not be deemed to be a
waiver of any subsequent breach or default and will in no way affect the other
terms of these Conditions.
11.3. Failure or delay by Chefsxpress Ltd in enforcing or partially enforcing
any provision of these Conditions will not be construed as a waiver of any of
its rights under these Conditions.
11.4. The parties to these Conditions do not intend that any clause of these
Conditions will be enforceable by virtue of the Contracts (Rights of Third
Parties) Act 1999 by any person that is not a party to it.
12. LAW
12.1. These Conditions and any contract into which these Conditions are
incorporated, shall be governed by and construed in accordance with English law
and the parties submit to the non exclusive jurisdiction of the English courts:
Employer Terms and Conditions
Employer
Terms and Conditions Version 1 - 7th November 2011
1. The following definitions apply:
"Client" means the trader, company, firm or organisation which
has set up an account with Chefsxpress Ltd in order to use the Services.
"Candidate" means a person whose details are supplied to the
Client for the purpose of fulfilling a vacancy referred to Chefsxpress Ltd by
the Client.
"Commencement Date" means the date for the commencement of the
Services as set out in the Sales Order or Order Confirmation.
"Sales Order" or "Order Confirmation" means
any method confirming the purchase of one or more of the Services either
through the web site or verbally or by the form signed by the Client or by
email or by fax confirming details, key terms and pricing of the Services
ordered by the Client.
"Service" or "Services" means the Candidate
sourcing or recruitment services provided by Chefsxpress Ltd.
"Engagement" means the engagement, employment or use of the
Candidate by the Client or any third party associated with the Client on a
permanent or fixed contract or temporary or agency or locum or consultancy or
on any basis whatsoever which is of benefit to the Client's business or any
third party associated with the Client's business.
"Introduced" or "Introduction" means the
forwarding any of the Candidate's details to the Client or the passing to the
Client of a curriculum vitae or information which identifies the Candidate; and
which leads to an Engagement of that Candidate.
"Start Date" means the day a Candidate begins their term of
employment or commences their engagement.
"Terms" means these terms and conditions and key terms
highlighted on the Order Confirmation.
"Website" means www.Chefsxpress.co.uk
and directly associated web sites and includes without limitation its content,
databases, software, code and graphics.
2. Chefsxpress Ltd shall provide recruitment Services in accordance with these
Terms and provide approved Clients access to the Services. The Service does not
constitute an offer by Chefsxpress Ltd, and Chefsxpress Ltd reserves the right
in its sole and absolute discretion to refuse to offer the Services to any
person or organisation.
3. A legally binding contract between Chefsxpress Ltd and the Client comprising
these Terms and the Order Confirmation will come into effect when Chefsxpress
Ltd has received and accepted the Client's Order Confirmation at the price agreed
on the Order Confirmation. For the avoidance of doubt, the Website
terms and conditions apply in addition to these Terms.
4. Chefsxpress Ltd shall perform the Services using information and criteria
supplied by the Client. It is the Client's responsibility to provide accurate
and up to date information.
5. The Client undertakes not to submit for inclusion in any job posting, its
Recruiter Profile, or anything to appear on the Website, any material which is
illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or
sexually explicit or which may adversely affect Chefsxpress Ltd or Chefsxpress
Ltd's reputation.
6. The Client agrees to notify Chefsxpress Ltd immediately of any offer of
Engagement which it makes to the Candidate and to notify Chefsxpress Ltd
immediately that its offer of an Engagement to the Candidate has been accepted
and to provide details of the Remuneration to the Chefsxpress Ltd.
7. Should the Client, or an associate or business or company associated with
the Client, appoint a Candidate introduced by Chefsxpress Ltd to the Client the
Client shall pay Chefsxpress Ltd an additional fee at the same rate as the
original fee invoiced for the Service to the Client. Should the Client, or an
associate or business or company associated with the Client, appoint a
Candidate introduced by Chefsxpress Ltd to the Client within 24 months of the
introduction, and fail to notify Chefsxpress Ltd of the engagement, the Client
shall pay Chefsxpress Ltd the full fee that would have been originally invoiced
to the Client plus an additional administration fee at the same rate as the
original fee.
8. Chefsxpress Ltd shall issue an invoice to the Client on completion of the
Service which shall be deemed as the employment/engagement Start Date of a
Candidate introduced to the Client. The Client shall pay Chefsxpress Ltd's
invoice within 14 days or as per other expressly agreed terms which will be
noted on the invoice. In the event of late payment, without prejudice to any
other remedy, Chefsxpress Ltd reserves the right to charge interest in
accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as
amended.
9. In the event that a Candidate leaves the employment of the Client any
Candidate replacement offer or any other fee rebate structure or money-back
guarantee agreed will be invalidated should Chefsxpress Ltd's invoice not be
paid by the Client within the invoiced 14 day terms or within other expressly
agreed terms. Where a replacement candidate is available but refused by the
client or where a vacancy no longer exists after a candidate leaves within the
candidate free replacement offer period then the original agreed fee shall
remain payable.
10. Once an Order Confirmation or confirmation in any format has been received
and approved by Chefsxpress Ltd work will commence on the Client's order.
11. Chefsxpress Ltd may, in its sole and absolute discretion, add to, modify or
discontinue any of the Services from time to time. However, this will not
affect any Order Confirmation prior to any change or withdrawal of the relevant
Service.
12. Chefsxpress Ltd reserves the right to change the fees and/or these Terms
from time to time, provided that no change shall be retrospective.
13. Without prejudice to any other remedy, Chefsxpress Ltd may terminate the
Client's account and any or all contracts and Services with immediate effect in
the event of material or persistent breach of these Terms by the Client or if Chefsxpress
Ltd has reasonable grounds to believe that the Client cannot or will not pay
its debts.
14. Chefsxpress Ltd reserves the right in its sole and absolute discretion to
close any account at any time without reason. Examples of accounts that may be
closed include, but are not limited to:
a. those of Clients who have not provided full or accurate contact or company
information
b. those of Clients that Chefsxpress Ltd considers to be acting inappropriately
or illegally
c. those of Clients that use the Website to advertise websites, services,
businesses and/or business opportunities in any part of the job vacancy or on
any part of the site
d. those of Clients who fail Chefsxpress Ltd's credit checking process, or who
default on payment.
15. The Client agrees to use the Website and the Services in 'good faith' i.e.
to post authentic, impartial and unique jobs of reasonable quality, which
provide both adequate and accurate job details. The Client also agrees that any
abuse of the Services, Website or these Terms can result in the Client's access
to the Services being removed, and its account terminated.
16. All intellectual property rights connected with the Services and/or the
Website shall remain vested in Chefsxpress Ltd or any third party from whom
such rights are licensed. The Client shall not reproduce, copy, modify, adapt,
publish, transmit, distribute or in any way commercially exploit any material
which is subject to any such intellectual property rights.
17. Chefsxpress Ltd cannot guarantee that (i) the Website and/or the Services
will be available at all times; (ii) the Website will be free from errors,
viruses and/or other harmful applications; and (iii) the Services will generate
any applications, responses or results.
18. Chefsxpress Ltd shall not be in breach of these Terms if events beyond its
reasonable control prevent Chefsxpress Ltd from performing the Services.
19. It is the Client's responsibility to protect their computers against any
viruses and malware.
20. These Terms and where appropriate the Order Confirmation contain the entire
agreement and understanding between Chefsxpress Ltd and the Client. The Client
acknowledges that it has not relied on any representation made by Chefsxpress
Ltd in entering this contract; however, nothing in this clause shall exclude
any liability for fraudulent misrepresentation. To the fullest extent permitted
by law, all terms implied by law or statute are excluded.
21. In the event that the Client makes a claim against Chefsxpress Ltd for
whatever reason, Chefsxpress Ltd's liability (if any) shall not exceed the
price paid or to be paid by the Client for the Services. Under no circumstances
shall Chefsxpress Ltd be liable for any consequential, indirect or special
losses howsoever arising or for any loss of profits, revenue, interest,
goodwill, business and/or savings (whether direct or indirect). Nothing in these
Terms shall be construed to exclude Chefsxpress Ltd's liability for death or
personal injury by negligence or any other liability which cannot by law be
excluded.
22. If any clause or part of a clause is held to be invalid or unenforceable,
this will not affect the validity or enforceability of the remaining clauses or
parts.
23. Notices to Chefsxpress Ltd shall be sent by email to info@Chefsxpress Ltd.co.uk and notices
to the Client shall be sent by email to the address supplied on set up of the
Client's account. Notices may be backed up by either party by post or other
methods.
24. Chefsxpress Ltd monitors the quality of vacancies and services in order to
provide better products and service to Candidates and clients. From time to
time Chefsxpress Ltd and its parent company and associated trading names will
contact the Client in order to evaluate the services they and Candidates
receive and also to promote other services and products.
25. The Client undertakes not to solicit, or endeavour to solicit, for
employment or engagement with itself or any associated company or organisation,
any employee of Chefsxpress Ltd or of any member of the Chefsxpress Ltd
Corporate Family. Breach of this clause shall be a material breach and will
entitle Chefsxpress Ltd, without prejudice to any other remedies it may have,
to terminate the Client's account and Services immediately.
26. By submitting a vacancy to the Website or by email or by any other method,
the Client is authorising Chefsxpress Ltd to post such vacancy and submit
Candidates ranked by Chefsxpress Ltd in accordance with the Client's criteria
(if any).
27. The Client is responsible for the content of the vacancy and will indemnify
Chefsxpress Ltd against any claim, loss, liability, expense and/or damage ("Losses")
in connection therewith.
28. The Client shall include in the job description the following information:
a. Any qualifications and/or authorisations required by law or any or by any
relevant professional body;
b. If the rate of pay is included, the job description must also include the
nature of the work, the location, minimum experience, training and/or
qualifications required in order for an applicant to receive such rate of pay;
and/or
c. Where the Client is an employment agency or employment business (as defined
in the Employment Agencies Act 1973), it must state in which capacity it is
acting in relation to the vacancy.
29. The Client shall provide sufficient details about itself and the vacancy to
applicants including without limitation the Client's identity, the nature of
its business, the nature of the role, the type of work to be performed, the
commencement date, the likely duration, the hours of work, the location, the
remuneration, the intervals of payment and benefits, and the notice periods
required to be given and received.
30. Applicants' responses will be forwarded by Chefsxpress Ltd by e-mail
subject to any filtering and screening. The Client is responsible for verifying
the information contained in applicants' responses and Chefsxpress Ltd accepts
no responsibility for the content of any such application. In particular, but
without limitation, the Client is responsible for verifying the applicant's
identity, eligibility to work, experience, training, qualifications and
authorisations required by the Client, by law or by any relevant professional
body for the vacancy.
31. All and any subsequent dealings between the Client and any applicant in
connection with the applicant's response to the job posting are the
responsibility of the Client, and Chefsxpress Ltd accepts no liability
whatsoever therewith. The Client will indemnify Chefsxpress Ltd against any
Losses in connection therewith.
32. The Client will comply with all applicable laws, including without
limitation: the Data Protection Act 1998, the Sex Discrimination Act 1975, the
Race Relations Act 1976, the Disability Discrimination Act 1995, and the
Employment Equality (Age) Regulations 2006. The Client shall indemnify Chefsxpress
Ltd against any Losses in connection therewith.
33. The Client, if an employment agency or an employment business, will comply
with the provisions of the Conduct of Employment Agencies and Businesses
Regulations 2003 ("the Regulations") and the Employment Agencies Act
1973 in relation to all vacancies posted on Chefsxpress Ltd's site,
communications with applicants and management of applicants' details. The
Client shall indemnify Chefsxpress Ltd against any Losses in connection
therewith.
34. The Client shall not post any vacancy where:
a. there is a risk to the health and safety of any applicant at the location
where either the interview or the work is to be performed, unless the Client
undertakes to inform Chefsxpress Ltd and the Candidates of such risks and the
steps taken to prevent or control such risks; or
b. the role involves working with vulnerable persons, including without
limitation persons under the age of 18 or persons in need of care and attention
by reason of old age, infirmity or any other circumstances, unless the Client
undertakes, in respect of the Candidate to be placed, (i) to obtain copies of
any relevant qualifications or authorisations of the Candidate; (ii) to obtain
two references from persons who are not relatives of the Candidate; and (iii)
to take all other reasonably practicable steps, including without limitation
complying with all relevant laws, codes of practices and guidelines issued by
relevant authorities, to confirm that the Candidate is not unsuitable for the
position concerned.
By posting any vacancy set out in sub-clauses (a) and (b) above, the Client is
deemed to give the relevant undertakings. Where the Client is an employment
business or agency, the Client shall offer copies of the documents obtained
under above sub-clauses (b)(i) and (b)(ii) to the hirer.
35. The Client accepts responsibility for any detriment which it may suffer or
incur in respect of the engagement of an applicant and shall hold Chefsxpress
Ltd harmless against any Losses in connection therewith. The Client shall use
all reasonable endeavours to ascertain that it will not be detrimental to the
interests of the applicant it intends to engage (if any) to work for the Client
in the vacancy posted.
36. Chefsxpress Ltd reserves the right in its sole and absolute discretion to
remove any vacancy at any time without reason. Examples of vacancies that may
be removed include, but are not limited to:
a. those that Chefsxpress Ltd considers illegal, inappropriate or fraudulent
b. those that directly or indirectly require or ask for application or
registration fees
c. those that advertise franchise, pyramid, network marketing or get-rich-quick
schemes
d. those that have been indiscriminately posted or duplicated across multiple
sectors
e. those that advertise websites, services, businesses, business opportunities
and/or contact details
f. those of Clients who solicit staff from the Chefsxpress Ltd family of trade
names or companies