carefully, they contain important information about your
rights and obligations.
1.1 Please read these terms and conditions
Job Boards operated by Velvet-Club ( "our",
"we" or "us" ) accessible via the
and payment details and instructions on this Web Site
form the entire agreement ( the "Agreement"
) between us and you the Web Site user.
1.2 In particular we draw your attention
to clauses 3 (Vetting), 4 (Liability), 5 (Conditions of
Access) and 6 (Information you provide). Without prejudice
to the above, by using or accessing our Web Site you agree
to be legally bound by the Agreement as it applies to
your use or access to our Web Site. If you do not wish
to be bound by this Agreement then you may not use our
Web Site and must stop immediately.
1.3 This Web Site is intended to be used
by individuals who are aged 18 or over. If you are under
18 you must ask your parent or guardian to read and accept
this Agreement on your behalf. If you are outside the
United Kingdom and use this Web Site you must do so in
compliance with this Agreement and we accept no liability
so far as we are able for breaches of any local laws in
your jurisdiction and by accepting this Agreement you
acknowledge that it is your responsibility to ensure that
any such laws are complied with.
2. NATURE OF OUR WEB SITE
2.1 Our Web Site is designed so that
both those looking for a job ( "Candidates",
"you" ) and those person(s) or organisations
with whom contact is made or who use our Web Site seeking
to fill a vacant position ( "Recruiters" ) in
the relevant industry can be brought together.
2.2 Candidates who register on the Web
Site can search the Web Site and will receive notification
by e-mail of jobs that match your specific job type specification
( the "Service(s)" ).
3.1 We have not vetted, interviewed or
carried out any background checks of any kind on any of
the Recruiters who post positions on this Web Site and
for the avoidance of doubt we do not make any representation
or give any warranty for the accuracy or fitness for purpose
of any information on this Service and the use made of
any information provided by you passed to Recruiters and
we accept no liability whatsoever, to the fullest extent
permitted by applicable law, in respect of your employment
with a Recruiter deemed suitable by you. If you have any
concerns then these must be dealt with directly between
you and the Recruiter.
3.2 We do not carry out any checks on
you and these will be undertaken by the Recruiters if
they decide to employ you. It is unlawful for you to live
and work in the United Kingdom without the correct permissions.
We accept no liability for Candidates who do not hold
relevant work visas or residency status.
4.1 We will do our best to ensure that
all materials, questions and information published on
our Web Site are accurate. However, you acknowledge that
we are reliant on the information provided by Candidates
and Recruiters and have no independent means of verifying
the accuracy of this information and do not check its
4.2 You therefore agree to indemnify
us against all costs, claims, demands or expenses incurred
or made by us as a result of a breach of this Agreement
by you or howsoever arising.
4.3 All materials and information on
our Web Site are provided on an 'as is' basis. We exclude
implied terms, conditions, warranties, representations
or endorsements whatsoever so far as we are able with
regard to any material posted on this Web Site by Candidates
or Recruiters or any information or service provided through
our Web Site.
4.5 If we are liable to you for any reason,
our liability will be limited to the amount paid by you
for the Services in the year in which such liability arose.
This limit does not apply to any liability we may have
for death or personal injury resulting from our negligence
or from fraudulent misrepresentation.
4.6 You are responsible for ensuring
that your computer system meets all relevant computer
specifications necessary to use the Service and is compatible
with our Web Site. You also understand that we cannot
and do not guarantee or warrant that any material available
for down-loading from the on-line servers will be free
from infection, viruses or other code with contaminating
or other destructive properties. You are responsible for
implementing sufficient procedures and virus checks (including
anti-virus and other security checks) to satisfy your
particular requirements for the accuracy of data input
4.7 The limitations and exclusions in
this condition do not affect your non excludable statutory
rights and can be applied to the extent permitted by applicable
5. CONDITIONS OF ACCESS TO THE ONLINE SERVICE
5.1 Access to the e-mail service offered
on our Web Site is dependent upon your registration being
accepted by us. You must complete the form accurately
and include all required relevant information. If we are
notified by any source that any information you have supplied
is false then we will remove your information from the
Web Site and notify any relevant authorities which we
deem suitable. We may terminate or suspend your use of
the Services at any time acting in our sole discretion
if you are found in breach of any of these terms and conditions.
5.2 You must ensure that your password
(if issued) is kept confidential and must not allow any
other third party to use your password. If we have reasonable
grounds to suspect that you have breached this sub-clause
we may change your password or suspend your access to
6. INFORMATION YOU PROVIDE
6.1 The following applies to any information
you provide to us, for example during any registration
6.2 You authorise us to use, store or
otherwise process any personal information which relates
to and identifies you, including but not limited to your
name and address, to the extent reasonably necessary to
provide the Services. Information collected by us shall
be referred to in these terms and conditions as, "Personal
6.3 You agree that upon completion and
submission of the application form all Personal Information
you have provided will be forwarded directly to the relevant
Recruiters that you select. By accepting this Agreement,
you agree to the processing and disclosure of the Personal
You also agree that any such use may be amended to include
other uses or disclosures of Personal Information following
notification to you by means of a notice on our Web Site,
which you should check regularly. If you would like to
review or modify any part of your Personal Information
then you should email us from the contact page on the
Web Site or modify the Personal Information on-line.
6.4 You must ensure that the Personal
Information you provide is accurate and complete and that
all contact details contain your correct name, address
and other request details.
6.5 For more information about how we
deal with your Personal Information, please read our privacy
6.6 We have the right to monitor any
information provided by you and may edit, reject or remove
such information if we believe it is offensive or objectionable
in any way and you warrant that the information you provide
is not libellous or in any way unlawful, in particular,
we reserve the right to block incoming e-mails and other
Content if we believe that their content is or may be
7. AVAILABILITY OF OUR WEB SITE
7.1 The internet is an unreliable medium
and may not always work and is outside our control, we
will try to make our Web Site available but cannot guarantee
that our Web Site will operate continuously without interruptions
or be error free and can accept no liability for its unavailability.
You must not attempt to interfere with the proper working
of our Web Site and, in particular, you must not attempt
to circumvent security, tamper with, hack into, or otherwise
disrupt any computer system, server, web site, router
or any other internet connected device. We do not accept
any liability for loss of data or interruption to the
service caused by the breakdown, error, loss of power
or otherwise caused by or to your computer system.
8. COPYRIGHT MONITORING
8.1 The contents of the online service
are protected by international copyright laws and other
intellectual property rights. All products and company
names and logos contained within our Web Site or the on
line service are the trade marks, service marks or trading
names of their respective owners, including us.
9. LINKED WEB SITES
9.1 We make no representations whatsoever
in relation to any other Web Sites which you may access
through our Web Site. When you access any other web site
you understand that it is independent from our Web Site
and that we have no control over the content or availability
of that web site. In addition, a link to any other web
site does not mean that we endorse or accept any responsibility
for the content, or for the use of, such a web site and
we shall not be liable for any loss or damage caused or
alleged to be caused by or in connection with use of or
reliance on any content, goods or services available on
or through any other web or resource. Any concerns regarding
any external links should be directed to its web site
administrator or web master.
10.1 We may assign, transfer, novate
or subcontract any or all of our rights and obligations
under this Agreement at any time.
10.2 We may alter this Agreement from
time to time and post a new version on our Web Site, following
which all use of our Web Site will be governed by that
version. You must check the terms and conditions on the
Web Site regularly.
10.3 You acknowledge that you have not
entered into this Agreement in reliance upon any warranty
or representation made by us or any other person and you
waive any rights to damages, rescission you may have for
misrepresentation (other than a fraudulent misrepresentation)
that is not contained in the terms and conditions, privacy
policy, site disclaimer, payment details and payment method
10.4 If any provision or terms of this
Agreement shall become or be declared illegal, invalid
or unenforceable for any reason whatsoever under any applicable
jurisdiction such terms or provisions shall be divisible
from the other terms and conditions and shall be deemed
to be deleted from them.
10.5 Failure by either party to exercise
any right and remedy under this Agreement does not constitute
a waiver of that right or remedy.
10.6 These terms and conditions do not
confer any rights on any third party pursuant to and in
accordance with the Contract (Rights of Third Parties)
11.1 The Agreement and the use of our
Web Site are governed by and construed in accordance with
the laws of England.
11.2 You irrevocably agree for the exclusive
benefit of us that the courts of England and Wales shall
have jurisdiction to hear and determine any suit action
or proceeding and to settle any dispute which may arise
out of or in connection with this Agreement and for such
purposes you irrevocably submit to the jurisdiction of
the courts of England and Wales as regards any claim,
dispute or matter arising out of or relating to this Agreement
or any of the documents to be executed pursuant to this
11.3 Nothing contained in this clause
shall limit our right to take proceedings against you
in any other court of competent jurisdiction nor shall
the taking of any such proceedings in one or more jurisdictions
preclude the taking of proceedings in any other jurisdiction
whether concurrently or not (unless precluded by applicable
11.4 You irrevocably waive any objection
which you may have or in the future to the courts of England
being nominated for the purposes of this clause on the
ground of venue or otherwise and agree not to claim that
any such court is not a convenient or appropriate forum.
12.1 All notices shall be sent to us
in writing addressed to the Directors, Circa (UK) Limited,
The Bellbourne, 103 High Street, Esher, Surrey KT10 9QE.
To you by either the email or the postal address you provide
during the registration process.
12.2 Notice will be deemed received when
an email is received in full or else on the next business
day if it is received on a weekend or a public holiday
in the place of receipt or 3 days after the date of posting.
13.1 Recruiters advertising jobs on the
Web Site may cancel their booking by giving us 60 days
notice in writing. Where Recruiters have paid a half yearly
fee in advance for advertising jobs on our Web Site, a
refund of 30% of fees paid shall apply if booking is cancelled
within 3 months from the date of the said booking and
no refund shall apply if the booking is cancelled after
3 months from the date of the said booking.
14. ACCOUNTS CONTACT
14.1 For an account related query or
for cancellation of a booking, please click this email
or telephone us on 0700 580 1053.