Agreement for Use

Please read these terms and conditions of use carefully before using the GlobalAppointments.com website. By proceeding from this screen to use the GlobalAppointments.com website, You signify Your agreement to be bound by these terms and conditions of use.

1. Interpretation

1.1

In this Agreement for Use (the “Agreement”) the following expressions shall have the following meanings;

“User”, “You” and “Your” means any person, firm or corporation who uses the Website (as defined below) to advertise services or to view the Full Listings (as defined below) on the Website, or to otherwise utilise the Website for any purpose;

“Account Holder” means a User who is in possession of a current User id (as defined below) enabling him/her to place an Advertisement(s) (as defined below) and/or view Advertisements;

“Advertisement”, “Advert” means the information comprising Your Profile (as defined below) which although personal to you may nevertheless be viewed and/or responded to by other Account Holders or Users;

“Company” and “GlobalAppointments.com” means GlobalAppointments.com Consultancy Limited;

“Database” means records entered by Users to define Advertisements on the Website;

“Engagement” means the employment, hire or other use, directly or indirectly and whether under a contract of service or contract for services or otherwise, and on a permanent, temporary or other basis, of a Provider (as defined below) by or on behalf of a User;

“Full Listings” means the listing of services on the Website offered or required which provide contact details and which are accessible only to Users who have agreed to be bound by this Agreement for Use;

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

“Job Category” is the set of job types that may be advertised on the Website;

“PIN Number” means the unique personal identification number allocated by the Company to an Advertisement or group of Advertisements on the Website, which will be visible to Users where appropriate, and is purely for internal use;

"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Website, and the phrases “Posted” and “Posting” shall be constructed accordingly;

“Provider” means a person, firm or corporation advertising its services on this Website;

"Services" means the services provided by the Company including, but not limited to, the Company permitting a User to browse the Website, contact and/or be contacted by other Users through the Website and/or Post information on the Website;

“User id”, is an abbreviation for “User identification” and comprises a “User name”, and a unique “Password” allocated by the Company for use on the Website;

"Website" means the Company Website at URL www.GlobalAppointments.com (or such other URL as the Company may use to provide the Services from time to time); and

“Your Profile” means the information Posted by a User or Provider onto this Website, which is personal to that User or Provider.

1.2

In this Agreement words importing the singular shall include the plural and vice versa.

2. Basis of agreement

2.1

By continuing beyond the “Terms and Conditions of Use” screen you are agreeing to be bound by this agreement.

2.2

This Agreement constitutes the whole and only agreement between the Company and You and shall govern the agreement between You and the Company to the exclusion of any other agreement and You agree to abide by this Agreement.

2.3

You hereby acknowledge that You have not relied on any agreement, undertaking, representation, warranty, promise, assurance or arrangement of any nature whatsoever relating to the subject matter of this Agreement made or given by any person at any time prior to the date of this Agreement except to the extent that it is repeated herein.

2.4
The Company reserves the right to refuse You access to the Website, terminate membership and or remove content which You and/or any other User have Posted, at its sole discretion and without notice to You.

2.5
You will not be able to view the Full Listings, contact other Users in accordance with clause [7.] below or read and reply to other Users’ messages until the Company has received full payment from You in accordance with clauses [5.3, 5.6, 5.7] below.

2.6
The Company reserves the right to make changes to the Services as required in its sole discretion from time to time by law, to ensure the proper running of the Website or to prevent inappropriate material from being Posted or reviewed.

2.7
You warrant that the details which You provide to the Company are correct and complete in all material respects. You will update any such information as You have provided on this Website in a timely fashion to the extent that it becomes materially inaccurate in any regard by using the update or delete function of the Website.

2.8
You grant the Company the right to disclose to third parties such information as You submit in Your use of this Website. The Company will not knowingly disclose to any third party Your e-mail address. The Company reserves the right to contact Users with information and publicity material.

2.9
The Company makes no representation or warranty whatsoever as to the reliability or accuracy of any information Posted on this Website and You hereby acknowledge that You are not relying on the Company in this regard. The Company makes no representation or warranty whatsoever that a suitable Provider can be found on the Website.

2.10

The Company reserves the right to monitor and in its sole discretion to remove for any reason any information, material, photographs whatsoever Posted by a User.

3 Your obligations

3.1 You will not:

3.1.2
transmit and/or Post information, pictures and/or any other material which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or any other parties' rights (including but not limited to Intellectual Property Rights and/or privacy rights);

3.1.3
use the Service to promote another site, service and/or business in any way including but not limited to Posting any personal e-mail addresses URL's and/or other personal telephone numbers in Your Profile unless the Company has given You express permission in this regard.

3.1.4

solicit other Users' business(es), buy or sell products and/or services through the Service;

3.1.5

misuse in any way the Website or any information Posted on the Website;

3.1.6

attempt to gain unauthorised access to any information available on the Website or to any of the networks used in providing the Services;

3.1.7

Post and/or reproduce in any way any information and/or material in which the Intellectual Property Rights belong to another party without first obtaining the prior consent of the owner of such rights;

3.1.8

copy, in whole or in part any of the information on the Website (including, but not limited to any information contained in other Users’ Profiles) other than for the purposes contemplated in this Agreement;

3.1.9

Post any chain letters and/or junk e-mail on this Website or send the same to other Users;

3.1.10

in any way assign, transfer, part with and/or authorise any other person to use, Your Profile;

3.1.11

transmit and/or Post and/or email to other Users’ any information, pictures and/or any other material, which in the opinion of the site administrator is sexually explicit, racist, abusive, threatening, sexually suggestive, libellous and/or obscene or otherwise deemed inappropriate;

3.1.12

transmit and/or Post and/or email to other Users any information, pictures and/or any other material, which in the opinion of the site administrator is capable of offending other Users’ political and/or religious beliefs.

3.2

You shall satisfy yourself as to the suitability of any Provider for the purpose of any role with respect to which You are seeking to employ an individual and/or are offering Your services. Without prejudice to the generality of the foregoing, You hereby acknowledge that it is for You to take up references, to check the validity of qualifications and to ensure that a Provider is capable of operating any equipment to the necessary level. You shall be responsible for obtaining any work and other permits and for ensuring that the Provider satisfies any medical requirements or other qualifications that may be appropriate or required by law.

4. Your profile

4.1
You acknowledge that other Users will be able to view Your Profile.

4.2
The Company may copy and/or reproduce any information Posted by You on the Website in any form and in any manner the Company sees fit.

4.3
If You Post and/or disclose to other Users any confidential or sensitive information about yourself then You do so entirely at Your own risk.

4.4 You warrant and represent to the Company that all information Posted by You:

4.4.1
is accurate, true, complete and is not misleading; and

4.4.2
will be regularly updated by You so that it remains accurate, true, complete and not misleading.

4.5
The Company reserves the right to review Your Profile from time to time and to amend and/or delete it if the Company, in its sole discretion, thinks that it should be amended and/or deleted.

5. Price and payment

5.1
The price of the Services shall be as shown in the relevant payments section of the frequently asked questions (FAQ) page available from the RESOURCES drop down menu on each page of the Website. Currencies will include one or more of Euro, UK Sterling or US Dollars. Any changes in prices for the Services will also be shown on the relevant section of the FAQ page of the Website.

5.2
The Company reserves the right to change the price of the services at any time and in its sole discretion.

5.3
You will not be entitled to advertise, view or use the Full Listings until You have made payment in the amount and manner specified in the relevant section of the FAQ page on this Website or, to the extent that payment is not required, and You are in possession of a User id and/or password.

5.4
The Company’s prices are inclusive of any applicable VAT.

5.5
Any details given in relation to exchange rates in the relevant section of the FAQ page are approximate only, are intended for illustrative purposes on the Website, may vary from time to time and The Company expressly reserves the right to charge different rates for different currencies.

5.6
You shall pay all sums due to the Company under this Agreement by means of the payment specified in the relevant section of the FAQ page and without any set-off, deduction, counterclaim and/or any other withholding of monies.

5.7
Payment shall not be deemed to be made until the Company has received cleared funds in respect of the full amount outstanding.

5.8
All monies paid by You to the Company are non-refundable and cancellation and/or termination of this Agreement by You or the Company at any time for any reason will not entitle You to a refund of monies paid.

5.9
Incorrect operation of the payment system and/or a failure to supply required information on the payment pages may result in the rejection of your transaction by the Company’s banking provider. In these circumstances the Company will not issue You with a User id.

6. Termination and suspension

6.1
Either party may terminate this Agreement at any time, for any reason. Termination of the Agreement by either party will be effective upon that party sending e-mail notice to the other party of its intentions. In the event that a User has not provided an e-mail address or the details provided are or cease to be correct then the Company may terminate the agreement without notice and the User may terminate this agreement by emailing GlobalAppointments.com at customerservices@globalappointments.com.

6.2 If: -

6.2.1
You fail to make any payment to the Company when due; or

6.2.2
You breach any of the terms and conditions of this Agreement; or

6.2.3
You persistently breach the terms of this Agreement; or

6.2.4
You fail to provide the Company within the time limit requested by the Company with sufficient information to enable it to determine the accuracy and/or validity of any information Posted by You; or

6.2.5
In the Company’s reasonable opinion, any information Posted by You is damaging or potentially damaging to the interests of the Company’s business then, without limitation to the foregoing, the Company shall have the right, without prejudice to any other remedies, to exercise any or all of the rights set out in clause 2; or

6.2.6
In the Company’s sole discretion You transmit and/or Post and/or email to another User any information, picture and/or any other material, which in the opinion of the site administrator is sexually explicit, racist, abusive, threatening, sexually suggestive, libellous and/or obscene; and/or You transmit and/or Post and/or email to another User any information, pictures and/or any other material, which in the opinion of the site administrator is capable of offending other Users’ political and/or religious beliefs.

Then: -

6.2.7
The Company may terminate this Agreement immediately; and/or

6.2.8
The Company may immediately suspend and/or terminate Your access to the Services without notice; and/or

6.2.9
all monies owed by You to the Company shall become immediately due and payable.

7. Liability and indemnity

7.1
Neither the Company, nor its directors or officers shall be liable to You for any loss, injury, damage, expense or delay incurred or suffered by You arising directly or indirectly from or in any way connected with the use of this Website and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with:

7.1.1 failure to meet Your requirements in anyway whatsoever;

7.1.2 any act or omission of a User, whether wilful, negligent, fraudulent,
dishonest, reckless or otherwise;

PROVIDED THAT nothing in this clause 7 shall be construed as purporting to exclude or restrict liability of the Company to You for personal injury or death resulting from negligence (as defined in the Unfair Contract Terms Act 1977) nor any statutory liability or any exclusion or limitation which is prohibited by law.

7.2
In consideration of the Company entering into this agreement with You, You hereby undertake to indemnify the Company in respect of any and all liability of the Company any loss, injury, damages, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with Your acts or omissions in the use of this Website, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise,

7.3
You acknowledge that the limitations and exclusions of the obligations and liabilities of the Company set out herein are reasonable and reflected in the fee payable to the Company hereunder and You shall accept risk and/or insure accordingly.

8. Miscellaneous

8.1
The Company reserves the right to review and to revise the terms of use contained in this Agreement without prior notice to You.

8.2
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

8.3
The courts of England are to have jurisdiction to settle any dispute arising out of or in connection with this Agreement. Any proceedings arising out of or in connection with this Agreement may therefore be brought in the English courts. This jurisdiction agreement is irrevocable and is for the exclusive benefit of the Company. Nothing in this clause shall limit the right of the Company to take proceedings against You in any other court.

9. Jurisdiction

9.1
The courts of England are to have exclusive jurisdiction to settle any dispute arising out of or in connection with this agreement. Any proceedings, suit or action arising out of or in connection with this agreement shall be brought in the English courts. This clause is not concluded for the benefit of any particular party or parties to this agreement.

9.2
Each party waives (and agrees not to raise) any objection, on the grounds of forum non-conveniens or on any other ground, to the taking of proceedings in the English courts. Each party also agrees that a judgement against it in Proceedings brought in England shall be conclusive and binding upon it and may be enforced in any other jurisdiction.

9.3
Each party irrevocably submits and agrees to submit to the jurisdiction of the English courts.