Terms and Conditions
IT IS ESSENTIAL THAT YOU PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS.


These are the terms and conditions of use of SKYSCRAPER' jobs board www.skyscraperjobs.net ("Site"). Your use of the Site will be subject to these terms and conditions, whether as a guest or registered user.

To enter the Site, you are required to read these terms and conditions and confirm your acceptance in the box below. If you do not agree to these terms, please refrain from using the Site.

FOR ALL PARTIES

1.Definitions
SKYSCRAPER - Skyscraperjobs.net

Candidate - user who is a registered job seeker.

Employer - user who is a registered job advertiser whether a recruitment agency or independent employer.

Service/Services - any information and services provided by SKYSCRAPER through or via the Site including job advertisements placed by Employers and application process for Candidates to apply for jobs online.

Site - means the SKYSCRAPER jobs' board website located at www.Skyscraperjobs.net and such additional and replacement sites from time to time.

2.Registration and privacy of your data

2.1 All users are required to complete the SKYSCRAPER registration process and to ensure that you inform us promptly of any changes to your registered information by using the online update facility so that your registered information is correct and up-to-date. http://www.skyscraperjobs.net/candidate/register

2.2 For registration and use of the Site your username will be the email address you supply. During registration you will create a confidential password to be used when using the Services. You must keep your password confidential at all times, and must not disclose it to anyone else or permit anyone else to use it. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

2.3 In the event of any failure or error in the operation of a password you shall cease using the password and exit the Site immediately, and notify SKYSCRAPER of such failure or error. SKYSCRAPER reserves the right to change, or to require you to change, your password at any time in its sole discretion.

2.4 SKYSCRAPER reserves the right to disable any password, whether chosen by you or allocated by SKYSCRAPER, at any time, if in our opinion, you have failed to comply with any of these terms.

2.5 You warrant that you have authority to enter into this agreement and that you have authority to post job vacancies and receive e-mails on behalf of the Employer and in the case of recruitment agencies, on behalf of the agency and the prospective employer.

2.6 In completing the registration process and posting job vacancies on the Site, Employers hereby consent to SKYSCRAPER displaying job vacancies on the Site and submitting these to candidates to apply for advertised roles.

2.7 In uploading information to the Site, such information will be considered non-confidential and non-proprietary and will be viewed by other users or third parties. SKYSCRAPER has the right to use, copy, distribute and disclose such information to third parties for any purpose.

2.8 SKYSCRAPER may monitor your use of the Site including any job vacancies posted so as to generally improve the Site and the Services and to retain records to be used in the event of complaints or customer service issues. However, SKYSCRAPER accepts no obligation to monitor the use of the Site.

2.9 SKYSCRAPER stores and processes data strictly in accordance with the Data Protection Act 1998. Such processes and uses of personal information are set out in our Privacy Policy. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

2.10 In the event that SKYSCRAPER undergoes reorganisation or its business is sold to a third party, you agree that any personal or other information SKYSCRAPER holds about you and the Employer may be transferred to that reorganised entity [or third party].

2.11 SKYSCRAPER will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities and may disclose any information as required by law and/or relating to any investigation of suspected unlawful activity, intellectual property right infringements or violation of network security.

3. Your Rights

3.1 You may browse the Site using a compatible web browser.

3.2 You may post lawful, accurate and truthful information relating to job vacancies on the Site and you warrant that all information posted on the Site complies with these terms and conditions and you agree to indemnify SKYSCRAPER for breach of any warranty provided by you.

2.11 SKYSCRAPER will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities and may disclose any information as required by law and/or relating to any investigation of suspected unlawful activity, intellectual property right infringements or violation of network security.

3.3 Only, if you have subscribed to the cv access service, may you view, use and print a copy of the information posted on the Site in accordance with these terms and conditions, but you may only draw the attention of others within your organisation to material posted on the Site.

4. Restrictions on Your Use

4.1 You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations. Any breach or misuse will be reported to the relevant law enforcement authorities and your use of the Site will cease immediately.

4.2 You cannot, except to the extent expressly set out in these terms:

(a) make any copies of any part of the Site and/or make any copies or use any material from the Site for any commercial purpose without obtaining a licence to do so;

(b) interfere with, damage, disrupt anything on the Site or connected to it, include or create links to or from the Site, remove or change anything on the Site or connected to it, except your registered details, job vacancies;

(c) spider or otherwise access the Site by any automated means with a view to re-using any of the content for commercial purposes, except to the extent expressly set out in these terms;

(d) infringe, remove or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Site;

(e) supply, sell or license material from the Candidate or Employer database or a copy of it, to any other person including another member of your group of companies.

4.3 You must not use the Site or Service to:

(a) send, post, upload or otherwise transmit information or pictures that are deceptive, misleading, harmful, obscene or pornographic, violent, threatening, menacing, racist, discriminatory, offensive, defamatory, contain viruses or are otherwise unlawful;

(b) send or upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;

(c) harass, stalk, threaten or otherwise violate the rights of others or harm or threaten to cause harm to minors;

(d) impersonate anyone else or otherwise misrepresent your identity or status;

(e) hack into the Site or any other related computer system, server or database;

(f) make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes;

(g) engage in any behaviour that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of SKYSCRAPER or any third party;

(h) post vacancies for which you do not have the appropriate authority to do so;

(i) post job vacancies or details which are not lawful, accurate and up-to-date.

5. Your obligations

5.1 In consideration of your use of the Service you agree to the following:

(a) You are responsible for making all necessary arrangements for you to have access to the Site;

(b) You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them;

(c) You will maintain all the registration data in order to keep it lawful, true, accurate, current and complete;

(d) All information posted is your responsibility and you agree and warrant to provide lawful, true, accurate, current and complete information about advertised job vacancies and to remove any job vacancies no longer available;

(e) You will act in good faith and in a business like and courteous way;

(f) You will abide by all statutory obligations under applicable data protection legislation and keep confidential all personal details obtained through use of the Site;

(g) You will allow SKYSCRAPER to use the information you have provided for the purpose of operating the Service for you;

(h) SKYSCRAPER will request confirmation of your identity in order to prevent abuse of the Site. Failure to provide such information within 14 days without reasonable cause shall lead to immediate termination of the agreement and further, to refuse any and all future use of the Service.

(i) You will pay any invoice validly lodged in respect of your use of the site in accordance with the terms thereof.

6. Intellectual property rights

6.1 All intellectual property rights in any material (including databases, data, content, text, graphics, photographs and other images and sound, trademarks, domain names and logos) contained in this Site are either owned by SKYSCRAPER or have been licensed to SKYSCRAPER by the rights owner(s). SKYSCRAPER will not tolerate any misuse of its trademarks. You are only allowed to use this Site and the material contained in the Site as set out in these terms and conditions.

6.2 Database rights (pursuant to the Copyright and Rights in Databases Regulations 1997) and all other applicable intellectual property rights in the Candidate and Employer databases and in the jobs' database belong to SKYSCRAPER. You acknowledge that you do not acquire any rights in either database except as set out in these terms and conditions.

6.3 SKYSCRAPER status (and that of any identified contributors) as the authors of materials on the Site must always be acknowledged.

7. Links

7.1 SKYSCRAPER or third parties may provide links to other sites or resources. SKYSCRAPER is not responsible for the availability of, or operation of, any such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials in relation to such other sites or resources or any loss or damage arising from their use. You should read the terms and conditions and privacy policy of such sites carefully before using them.

8. Disclaimer and limitation of liability

8.1 You agree that your use of the Service is on an "as is" and "as available" basis. Any information is placed on the Site without any guarantees, conditions or warranties as to its content or accuracy and use of the Site and Services is at your sole risk. However, SKYSCRAPER does not, and nothing in these terms and conditions shall act to, exclude or limit SKYSCRAPER' liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited.

8.2 Subject to clause 8.1, in no event shall SKYSCRAPER be liable (whether for breach of contract, negligence or for any other reason) for any direct, indirect or consequential loss or damage, foreseeable or otherwise, that may arise in relation to or as a result of, but not limited to the following:

(a) use of the Site (including the transmission of any harmful material or viruses),

(b) the Site being unavailable at any time or for any period,

(c) the information posted on the Site or any use of it or reliance thereon, whether the information is posted by you or by a Candidate or any other user, or

(d) any failure by you to contact a Candidate or to secure a position of employment.

8.3 For the avoidance of doubt, any such loss and damage shall include but not be limited to any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.

8.4 Subject to clauses 8.1 and 8.2, personal details are placed by the Candidates and are not the responsibility of SKYSCRAPER. You agree that the obtaining or viewing of any information or any other material on the Site through the use of the Service is carried out at your own risk and that SKYSCRAPER has no liability to you in respect of such things. In particular, we do not warrant or guarantee at any time that you will receive any alerts regarding potential Candidates.

8.5 Subject to clause 8.1 and without prejudice to the above, SKYSCRAPER' aggregate liability to you at any time whether in contract, tort or otherwise shall be limited to £500 (five hundred pounds).

8.6 SKYSCRAPER will not be liable to you for any breach of these terms and conditions which arises because of any circumstances which SKYSCRAPER cannot reasonably be expected to control to include the Site being unavailable for any period of time.

8.7 You agree to fully and effectively indemnify SKYSCRAPER for all claims which may be brought against SKYSCRAPER arising out of or in connection with your use of the Site, any breach of these terms or any infringement of any third party’s intellectual property rights.

9. Suspension, modification and termination of Service 

9.1 SKYSCRAPER may change the format and content of the Site and/or the Services from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

9.1 SKYSCRAPER may change the format and content of the Site and/or the Services from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site.

9.2 SKYSCRAPER reserves the right to amend or withdraw the service provided on the Site without notice and/or to restrict access to some parts of the Site or the entire Site to users.

9.3 You acknowledge that there may be periods where access to or use of the Site or pages linked to it may be limited or impossible due to changes effected to the Site by way of ongoing development and improvement.

9.4 SKYSCRAPER reserves the right to remove, refuse to post or to edit any information or materials or postings on the Site or require the same to be modified, to block your access to the Site and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation.

9.5 SKYSCRAPER may terminate the Service immediately in the event you breach any of these terms and conditions and you must, at our request, return or destroy copies of any materials made. In such circumstances, any fees paid by you for use of the Services shall be forfeited.

10. Conduct of Employment Agencies and Employment Businesses Regulations 2003

10.1 You warrant that your use of Candidate information complies with your obligations under the Conduct of Employment Agencies and Employment Businesses Regulations 2003. SKYSCRAPER is not an Employment Agency.

11. Enquiries or complaints

11.1 If you have any enquiries or complaints about the use of the Site please contact us at:

SKYSCRAPER Contact Centre

Independent House

215 Bury New Road

Whitefield

Manchester M45 8GW

12. General and governing law

12.1 SKYSCRAPER may change these terms and conditions from time to time. By accessing the Site you are accepting that you are bound by the current terms and conditions. You should therefore check these each time you revisit the Site. Some of the provisions in these terms and conditions may also be superseded by provisions or notices published elsewhere on the Site.

12.2 These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter (save that these terms and conditions shall not prejudice the agreement between SKYSCRAPER and Candidates in relation to information about Candidates). If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision.

12.3 SKYSCRAPER may delay enforcing its rights under these terms and conditions without losing them.

12.4 You agree that SKYSCRAPER may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.

12.5 These terms and conditions shall be governed and interpreted in accordance with English law and you consent to the exclusive jurisdiction of the English courts.


FOR CANDIDATES 

In addition to paragraphs 1 to 12 inclusive above the following terms and conditions apply to all candidates.

1.      Registration and Privacy of your data

1.1 You warrant that you are entitled to receive emails at the email address you provide. You should note that many companies prohibit their employees using the company email for private use and we encourage you to open a private account and use an outside computer network to visit the Site.

1.2  In completing the registration process and posting your cv information on the Site, Candidates hereby consent to SKYSCRAPER displaying this and Employers viewing that information on the Site or otherwise (and such Employers may process your information outside of Europe) and submitting that information to Employers when you apply for advertised roles.

2.  Your Rights

2.1 You may print a copy of the information posted on the Site provided it is for your own personal commercial purposes, and otherwise in accordance with these terms and conditions.

3.  Restrictions on Your Use

3.1 You must not use the Site or Service to:

a)  apply for positions for which you do not have the appropriate legal documentation including citizenship and/or work permits;

b) submit a cv, information or details of experience which are not accurate or not up-to-date.

4. Your Obligations

1 In consideration of your use of the Service you agree that all information posted is your responsibility and you agree and warrant to provide lawful, true, accurate, current and complete information about yourself as prompted by the registration process;

5. Disclaimer and limitation of liability 

5.1 Subject to clause 8.1, in no event shall SKYSCRAPER be liable (whether for breach of contract, negligence or for any other reason) for any direct, indirect or consequential loss or damage, foreseeable or otherwise, that may arise as a result of, but not limited to the following:

a)  the information posted on the Site or any use of it or reliance thereon, whether the information is posted by you or by an Employer or by any other user, or

b) any failure by you to contact an advertiser of a position of employment or to secure a position or employment.

5.2 Subject to clauses 8.1, advertisements for positions are placed by the Employers and are not the responsibility of SKYSCRAPER. You agree that the obtaining or viewing of any advertisements for positions or any other material on the Site through the use of the Service is carried out at your own risk and that SKYSCRAPER has no liability to you in respect of such things. In particular, we do not warrant or guarantee at any time that you will receive any alerts from Employers regarding potential positions.

6. Conduct of Employment Agencies and Employment Businesses Regulations 2003

 If you are an Employer user and are an employment agency or an employment business it is your responsibility to ensure that the use you make of our candidate database complies with your obligations under the Conduct of Employment Agencies and Employment Businesses Regulations 2003. SKYSCRAPER is not an Employment Agency.