WORKZONE User Agreement

 

You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions which apply to you as a WORKZONE user.

We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail in accordance with your notification preferencesor by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective.

This User Agreement is effective on 1st August 2006

Membership Eligibility

Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended WORKZONE members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services.

User ID

You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password.

WORKZONE is Only a Venue

The Site acts as a venue which allows registered users to display their employment qualifications and Criminal Record Disclosure Certificate number and date of issue. W are not involved in transactions between prospective employers and registered users. As a result, we have no control over the quality, safety or legality of the information listed, the truth or accuracy of the listings or the ability of registered users to be employed in positions they state. Do not assume that the offer, is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that prospective clients actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you.

We do not accept any obligation to protect you from unsafe persons listed for on our Site. Please do not assume that persons listed will be harmless to people or property.

Identity Verification

We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification is sometimes difficult, WORKZONE cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. We encourage you to communicate with the Criminal Records Bureau or the Registered Body given on the CRB Disclosure Certificate. You may also wish to consider using a third party escrow service that provides additional user verification.

Liability

In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release WORKZONE(and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

Information Control

We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that WORKZONE is not responsible for the acts or omissions of users on the Site.

Listing Description

You must ensure that your details are correct and valid under UK law. You must give your profile and qualifications accurately.Your listings may only include text descriptions, graphics, pictures and other content relevant to yourself and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers.

No Cancellation

You acknowledge that we will commence supplying our services to you as soon as you have sent a form to us for submission to the CRB, and you recognise that you will not have the right to cancel any listing under the Consumer Protection (Distance Selling) Regulations 2000 or any equivalent legislation in your jurisdiction.

Fraud

Without limiting any other remedies, we may suspend or terminate your account if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.

1. Fees

Our current Fees are published on the Registration Page of our website

2. Your Information

Definition

"Your Information" is defined as any information you provide to us or other users in relation to the WORKZONE service including the registration, profile, qualifications, Disclosure details your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information - save for the Disclosure number, date of issue and whether the POCA, POVA or Department of Education checks have been completed.

Restrictions

Your Information and your activities on our Site must not:

  • be false, inaccurate or misleading;
  • be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
  • infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity or privacy;
  • be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
  • be obscene, indecent or contain child pornography;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
  • contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
  • cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
Licence

To enable WORKZONE to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity, and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law. Access and Interference. The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to WORKZONE by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:

  1. take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  2. copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of WORKZONE and the appropriate third party, as applicable;
  3. interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
  4. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. We do not authorise you to extract or re-utilise substantial parts of our Site, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Site.
Your Use of Other Users' Information

In order to facilitate interaction among all WORKZONE community members, our service allows you limited access to other users' contact information. As a registered user you have access to the User ID, email address and other contact information of other registered users.

By accepting this User Agreement, you agree that, with respect to other users' personally identifiable information that you obtain through the Site or through an WORKZONE-related communication or WORKZONE-facilitated transaction, you may only use such information for:

  1. WORKZONE-related communications that are not unsolicited commercial messages and relate to your genuine participation in an WORKZONE-facilitated transaction,
  2. using services offered through WORKZONE (e.g. escrow, insurance, postal and fraud complaints), and
  3. any other purpose that such user expressly agrees to after adequate disclosure of the purpose(s).

In addition, you shall only use such information in accordance with applicable laws and regulations, including without limitation data protection and privacy laws. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel, VeRO programme participants, and other rights holders are given different rights with respect to information they access.

WORKZONE and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add an WORKZONE employee or a WORKZONE user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure.

3. Breach

Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your item listings and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.

4. Transfer of Data

We view protection of users' privacy as a very important community principle. Please note that Your Information will be stored and processed on our computers in the United Kingdom. WORKZONE will hold and transmit Your Information in a safe, confidential and secure environment. If you object to your Information being transferred or used in this way please do not register.

5. No Warranty

We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

6. Limitation of Liability

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.

Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £100.

7. Indemnity

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement (including the documents incorporated by reference), or your violation of any law or the rights of a third party.

8. Governing Law and Legal Compliance

This User Agreement shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.

Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).

The laws of your country may be different from English law, including laws governing what can be legally displayed. and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

9. Dispute Resolution

Disputes between you and WORKZONE regarding our services may be reported to WORKZONE directly.

10. Third Party Rights

A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

11. General

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by WORKZONE, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and WORKZONE are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.

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