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Terms and conditions Terms and Conditions Please read these Terms carefully, as they set out our and your legal rights and obligations in relation to the Site. These Terms are divided into four parts: Part A contains general terms relating to the use of our Site; Part B contains special terms which apply to registered Associates; Part C contains special terms which apply to registered Clients; and Part D explains the meaning of defined terms used in this document and contains other provisions relating to its interpretation. By using our Site you agree to be bound by these Terms; and if you register as a Associate or Potential Employers, we will ask you to specifically agree to them. PART A: GENERAL TERMS (1) Intellectual property rights Unless otherwise stated, we or our licensors own the intellectual property rights in the Site and the Material on the Site. Subject to the licence below, all these intellectual property rights are reserved. (2) Licence to use Site You may view the Material, print the Material, and download the Material for caching purposes only, subject in each case to the limitations below and the Acceptable Use provisions. You must not: (a) republish the Material or show the Material in public; (b) reproduce or store the Material in any electronic retrieval system (save for the purpose of caching); (c) sell, rent or sub-license the Material; or (d) use the Material for any improper or unlawful purpose. Notwithstanding anything else in these Terms, we reserve the right to restrict access to any area of the Site, or indeed our whole Site, at our discretion. (3) Warranties: general Whilst we endeavour to ensure that the information on the Site is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the Site remains available or that the Material is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including those implied by the law) relating to the Site and the Material and the unpaid Services. (4) Limitations of liability: general Nothing in these Terms shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law. Subject to this, and insofar as the Site and the Material and the Services are provided free-of-charge: (a) we will not be liable for any direct or indirect loss or damage arising in connection with the Site, the Material and the Services, whether arising in tort, contract, or otherwise; (b) we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising in connection with the Site, the Material and the Services whether direct or indirect, and whether arising in tort, contract, or otherwise; and (c) if, notwithstanding the limitations of liability above, we are found to be liable to you in connection with the Site, the Material or the Services, our liability is limited in relation to events occurring during any 12 month period to �100 sterling. (5) Acceptable Use You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site. You must not use the Site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use the Site to copy, publish or send mass mailings or spam. You must not use the Site to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English law or other applicable law. We reserve the right to edit or remove any material posted upon the Site. We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to the Site and/or any of the Services, or commencing legal proceedings against you. (6) Trade marks Cimbax and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights. The other registered and unregistered trade marks on the Site are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights. (7) ID and password If we provide you with a user name and password to enable you to access restricted areas of the Site or restricted Material or Services, you must ensure that that password is kept confidential. You accept responsibility for all activities that occur under your user name. We may disable your user name and password at our sole discretion. (8) Variation We may revise these Terms from time-to-time. Please check this page regularly to ensure you are familiar with the current version. We will not file a copy of these Terms specifically in relation to you. Obsolete versions of these Terms will not remain available on the Site and we do not undertake to retain or supply copies of obsolete Terms; we therefore recommend that you print and keep a copy of these Terms for future reference. (9) Third party rights These Terms are for the benefit of you and us, and the Terms are not intended to benefit, or be enforceable by, any other person. Our and your rights to terminate, rescind, or agree any amendments, variations, waivers or settlements under these Terms are not subject to the consent of any other person. (10) Assignments We may assign or transfer any of our rights or obligations under these Terms, in whole or part, without your consent � providing, where you are a consumer, that any such assignment or transfer does not serve to reduce the guarantees benefiting you under these Terms. You may not may assign or transfer any of your rights or obligations under these Terms, in whole or in part, without our prior written consent. (11) Severance If any provision (or part of a provision) of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties. (12) Entire agreement These Terms, together with our Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Site, and supersede all previous agreements in respect of your use of the Site. (13) Force Majeure Events Where a Force Majeure Event gives rise to a failure or delay in us performing our obligations under these Terms, those obligations will be suspended for the duration of the Force Majeure Event. (14) Law, jurisdiction and language These Terms will be governed by and construed in accordance with English law, and any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England. These Terms are available in the English language only. (15) Our details The full name of our company is Cimbax Limited and our registered office is at 201 International House, Yarmouth Place, London, W1J 7BU We are registered in England under registration number is 06307372. Our VAT number is 915874005 and our data protection registration number is PZ1378120. PART B: ASSOCIATES This Part B contains the additional terms which apply to potential Associates. (16) Associate Agreement In order to register as Associate, you will need to take the following steps: (i) go to "Candidates Login" on the Site home page; (ii) click on "Register Here"; (iii) complete your details as required (including your name, email address and password); (iv) tick the box to confirm that you agree to these Terms and our Privacy Policy; (v) click "Register Now". An Associate Agreement incorporating Parts A, B and D of these Terms will come into force when you complete the process described above. The Associate Agreement will continue indefinitely, unless and until terminated by either party in accordance with the provisions of Clause 19. If you make any error during the process of completing our registration form you should notify us by email to chris.merchant@cimbax.com. The Associate warrants to us that he or she has full power and authority to enter into and perform the Associate Agreement. (17) Associate Services We may provide some or all of the following Associate Services to the Associate during the term of the Associate Agreement: (a) the facility to upload a CV and/or profile into the (searchable) Database, to enable direct clients to search for the CV/profile, assess whether the Associate may be suitable for a role, and contact the Associate where appropriate; (b) the facility to limit the disclosure of confidential information to potential employers; (c) the facility to switch the Associate account between "active" and "inactive" states; (d) a facility to enable the Associate to receive email alerts, newsletters, notice of competitions, and/or other email notifications from us. (18) Associate Material In respect of all Material that the Associate posts on the Site, the Associate grants to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such Material in any media, together with the right to sub-licence such rights. The Associate warrants that the Material the Associate posts on the Site (and its use in accordance with these Terms): (a) does not infringe any third party&s rights (including without limitation Intellectual Property Rights, rights of confidence, rights of privacy or other proprietary rights) or give rise to any cause of action in any jurisdiction, whether against us and/or the Associate; (b) does not violate any law, statute, ordinance or regulation in any jurisdiction, (including the Advertising Codes of the Advertising Standards Authority); (c) is not pornographic or sexually explicit; (d) is not threatening, abusive, harassing or menacing; (e) does not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (f) does not otherwise breach the Acceptable Use requirements. (19) Associate indemnity The Associate will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by the Associate of these Terms. (20) Termination of Associate Agreement We may terminate a Associate Agreement at any time by giving to the Associate written notice of termination. The Associate may terminate a Associate Agreement at any time by deleting his or her account using the interface on the Site. PART C: POTENTIAL EMPLOYERS This Part C contains the additional terms relating to Potential Employerss. (21) Potential Employers Agreement In order to register as a Potential Employers, you will need to take the following steps: (i) go to "Potential Employerss" on our homepage; (ii) click on "Register NOW to upload unlimited jobs"; (iii) complete your company details as required (including company name, contact name, contact email address, contact phone number, and details of where you heard about the Site; (iv) tick the box to confirm that you agree to these Terms and our Privacy Policy; (v) the following: "I have read and agree to the Cimbax Terms & Conditions and Privacy Statement"; (vi) click "Continue"; (vii) you will then get a message "Thank you for registering. Your details have been saved and someone will contact you shortly."; (viii) we will endeavour to contact you within 24 hours to further your interest and registration. A Potential Employers Agreement incorporating Parts A, C and D of these Terms will come into force when you click "Continue" after accepting these Terms during the registration process. The Potential Employers Agreement will continue indefinitely, unless and until terminated in accordance with the provisions of Clause 28 or 29. If you make any error during the process of completing our registration form you should notify us by email to information@Cimbax.co.uk. The Potential Employers warrants to us that it has full power and authority to enter into and perform the Potential Employers Agreement. (22) Potential Employers Services From time to time during the term of a Potential Employers Agreement, the Potential Employers may order a Plan and, where we accept the Potential Employers order for a Plan, we shall make available the relevant Potential Employers Services to the Potential Employers for the relevant period, subject always to the payment of any applicable Charges and the other terms of the Potential Employers Agreement. The Potential Employers Services under a Plan may consist of some or all of the following services: (a) the ability to post a specified number of Adverts on the Site; (b) access to the Database via the Site; (c) Site Sponsor status; (d) Section Sponsor status; and/or (e) any other services set out on the Site from time to time. Where the Recruitment Services available under a Plan must be used or will only be available for a particular period, we will specify this on the Site, or agree this with the Potential Employers in writing. The Potential Employers undertakes to ensure that all Adverts published constitute an accurate and fair advertisement for a bona fide job. The Potential Employers will not access or attempt to access the Database, save in accordance with a Plan and for the sole purpose of seeking candidates to fill bona fide jobs; and the Potential Employers will treat the information in the Database as confidential, and will not copy any information from the Database or record or retain any information from the Database or disclose to any third party any information from the Database. (23) Charges and payment Upon or following the order of a Plan, we will issue an invoice to the Potential Employers in respect of the Charges applicable under the Plan, which invoiced amount the Potential Employers must pay within 14 days of the date of the invoice by bank transfer to the account notified by us to the Potential Employers from time to time. Unless the context requires otherwise, all Charges stated on or in relation to the Site are stated exclusive of VAT (which will be payable by the Potential Employers). If the Potential Employers fails to pay any monies to us upon the same falling due for payment, it will pay to us interest upon the relevant sum (as well after as before judgment) calculated at a rate equal to 8% above the base rate from time to time declared by HSBC Bank PLC from the date upon which the same fell due for payment until the date when payment is actually made. Such interest shall accrue on a daily basis and be compounded quarterly. Without prejudice to our other rights, if the Potential Employers is in breach of its obligations in this Clause 23, we may in our absolute discretion suspend any or all Potential Employers Services under any or all Plans pending receipt of payment of the Charges. (24) Potential Employers Material In respect of all Material that the Potential Employers posts on the Site, the Potential Employers grants to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such Material in any media, together with the right to sub-licence such rights. The Potential Employers warrants that the Material posted by the Potential Employers on the Site (and its use in accordance with these Terms): (a) does not infringe any third party's rights (including without limitation Intellectual Property Rights, rights of confidence, rights of privacy or other proprietary rights) or give rise to any cause of action in any jurisdiction, whether against us and/or the Potential Employers; (b) does not violate any law, statute, ordinance or regulation in any jurisdiction (including the Advertising Codes of the Advertising Standards Authority); (c) is not pornographic or sexually explicit; (d) is not threatening, abusive, harassing or menacing; (e) does not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (f) does not otherwise breach the Acceptable Use requirements. The Potential Employers warrants that all its Adverts will relate wholly or primarily to Microsoft� technology -related jobs, and the Potential Employers acknowledges that (without prejudice to our other rights hereunder) we may remove Adverts for non-Microsoft� technology-related jobs at any time without notice. (25) Warranties: paid-for Services We warrant to the Potential Employers that it will perform the paid-for Potential Employers Services with reasonable care and skill. These Terms set out the full extent of our obligations and liabilities in respect of the paid-for Potential Employers Services. Subject to the first paragraph of Clause 4, all conditions, warranties or other terms concerning its subject matter which might otherwise be implied into these Terms relating to the paid-for Potential Employers Services are expressly excluded. In particular, we do not warrant that the Potential Employers will be receive any applications in relation to Adverts; nor do we warrant that the Database will hold the CVs or profiles of Associate who may suit the positions that the Potential Employers requires to be filled. (26) Limitations of liability Subject to the limitation in the first paragraph of Clause 4: (a) we will not be liable for any indirect loss or damage arising in connection with Services the Potential Employers has paid for, whether arising in tort, contract, or otherwise; (b) we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising in connection with Services the Potential Employers has paid for, whether direct or indirect, and whether arising in tort, contract, or otherwise; and (c) if, notwithstanding the limitations of liability above, we are found to be liable to the Potential Employers in respect of Services the Potential Employers has paid for, our liability is limited in relation to events occurring during any 12 month period to the total amount of Charges paid (or if greater payable) to us in respect of that period. (27) Potential Employers indemnity The Potential Employers will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by the Potential Employers of these Terms. (28) Termination for convenience We may terminate a Potential Employers Agreement at any time by giving to the Potential Employers written notice of termination. (29) Termination upon breach etc. Either party may terminate a Potential Employers Agreement immediately at any time by written notice to the other party if: (a) that other party commits any material breach of its obligations under these Terms; or (b) that other party ceases to trade; or (c) that other party becomes insolvent or unable to pay its debts within the meaning of the insolvency legislation applicable to that party; or (d) a person (including the holder of a charge or other security interest) is appointed to manage or take control of the whole or part of the business or assets of that other party, or notice of an intention to appoint such a person is given or documents relating to such an appointment are filed with any court; or (e) the ability of that other party&s creditors to take any action to enforce their debts is suspended, restricted or prevented or some or all of that party&s creditors accept, by agreement or pursuant to a court order, an amount of less than the sums owing to them in satisfaction of those sums; or (f) any process is initiated which could lead to that other party being dissolved and its assets being distributed to its creditors, shareholders or other contributors (other than for the purposes of solvent amalgamation or reconstruction); or (g) that other party (being an individual) dies, becomes incapable of managing his or her own affairs by reason of mental or physical illness or incapacity, becomes a patient under any mental health legislation, or is the subject of a bankruptcy petition or order. We may terminate a Potential Employers Agreement immediately at any time by written notice to the Potential Employers if the Potential Employers fails to make any payment of the Charges by the due date for payment. (30) Consequences of termination On termination of a Potential Employers Agreement by us pursuant to Clause 28, or by the Potential Employers pursuant to Clause 29: (a) the Potential Employers will be entitled to a (pro-rated) refund of any element(s) of the Charges paid to us in respect of the provision of Potential Employers Services under a Plan during any period after the date of effective termination of the Potential Employers Agreement (and we will calculate the amount of such refund using any reasonable methodology); and (b) the Potential Employers will be released from any obligation to pay such element(s) of the Charges. Save as provided above, the Potential Employers will not be entitled to a refund of any the Charges on termination of a Potential Employers Agreement or otherwise, and will not be released from any obligation to pay Charges to us. Upon termination of a Potential Employers Agreement, the Potential Employers's right to enjoy the Potential Employers Services under any and all Plans shall immediately cease, and we may delete any Potential Employers-related Material (including Adverts and Logos) from the Site without further notice. For the avoidance of doubt, we may at any time terminate a Potential Employers Agreement under Clause 28 where no Charges have been levied in respect of subsisting Plans under that Potential Employers Agreement without incurring any liability to the Potential Employers under this Clause 30 or otherwise. Termination of a Potential Employers Agreement will not affect the accrued rights and obligations of the parties at the date of termination, the continued existence and validity of the rights and obligations of the parties under Clauses 25, 26, 27 and 30, or the applicability of Parts A and D of these Terms to the continued use of the Site by the Potential Employers. PART D: DEFINITIONS AND INTERPRETATION This Part D sets out the meaning of the defined terms used in the Terms (which start with a capital letter) and contains other provisions concerned with the interpretation of these Terms. (31) Definitions In these Terms: "Acceptable Use" refers to the acceptable use requirements set out in Clause 5; "Adverts" means job advertisements having a duration of 7 days submitted by the Potential Employers for publication on the Site; "Charges" means the amount or amounts payable by the Potential Employers under a Plan or otherwise in consideration for the provision of Potential Employers Services, as specified on the Site from time to time; "Database" means the database of Associate' profiles and CVs held us, which may be accessible to a Potential Employers via the Site in accordance with a Plan; "Force Majeure Event" means any event which is beyond the reasonable control of the affected party (including without limitation failures of or problems with the internet or a part of the internet, failures of 's internet service provider or web host, power failure, industrial disputes affecting any third party, governmental regulations, fires, floods, disasters, civil riots, terrorist attacks or wars); "Intellectual Property Rights" means patents, trade marks, rights in designs, copyright, database rights, inventions, trade secrets, know-how, confidential information and all other intellectual property rights and rights of a similar character in any part of the world (whether or not the same are registered or capable of registration) and all applications and rights to apply for protection of any of the same; "Associate" means a person who is registered as an Associate with the Site; "Associate Agreement" means an agreement between an Associate and us incorporating Parts A, B and D of these Terms; "Associate Services" means the services to be provided to an Associate in accordance with Clause 17; "Logo" means a registered or unregistered trade mark submitted by the Potential Employers for publication on the Site; "Material" means all works and other material on the Site; "Plan" means a package of Potential Employers Services either specified on the Site or agreed with us in writing, provided by us to a Potential Employers, whether provided in consideration of the payment of Charges or on a without-charge basis; "Potential Employers" means the employer or employment agency which enters into a Potential Employers Agreement with us; "Potential Employers Agreement" means an agreement between a Potential Employers and us incorporating Parts A, C and D of these Terms; "Potential Employers Services" means the services to be provided to a Potential Employers under a Plan; "Section Sponsor" means a person appointed by us to sponsor a particular section or sub-site of the Site, and to receive benefits agreed with us in writing in consideration of the payment of Charges agreed with us in writing; "Services" means Potential Employers Services and Associate Services; "Site" means the website available at www.cimbax.com and its related sub-sites and any successor website or websites operated by Cimbax from time to time; "Site Sponsor" means a person appointed by us to sponsor the Site, and to receive benefits agreed with us in writing in consideration of the payment of Charges agreed with us in writing; and "Terms" means these terms and conditions and any amendments to them from time to time. (32) Interpretation References in these Terms to "we" or "us" mean Cimbax Ltd. References in these Terms to "you" mean the person using the Site or registered as a Associate or Potential Employers with the Site. In these Terms, unless the context requires otherwise, a reference to: (a) a document is a reference to that document as amended or replaced from time to time; (b) a person includes a reference to a body corporate, unincorporated association, firm, association, joint venture, partnership or an individual; and (c) a Clause is to a clause of these Terms. The ejusdem generis rule does not apply to the interpretation of these Terms, and accordingly the interpretation of general words in these Terms will not be restricted by words indicating a particular class or particular examples. Clause headings will be ignored in the interpretation of these Terms. By clicking 'Register' I confirm that I have read and agree to the Terms & Conditions. 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