Terms and conditions
TERMS OF BUSINESS LOGISTICS JOB SHOP LIMITED
1.1 In these Terms, the following definitions apply:
Advertisement: any advertisement published and promoted by LJS on behalf of a Client in respect of a Job Vacancy.
Application: an application made by a Candidate for a Job Vacancy advertised on the Website or via any other LJS service.
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Candidate: the person who uses the Website and LJS’s services for the purposes of seeking employment or other work.
Client: a person, firm or company who uses LJS’s services to seek to recruit a person for employment or other work.
Contract: the contract between LJS, Client and the Candidate for the supply of Services in accordance with these Terms.
CV: the curriculum vitae or details of a Candidate’s education, training, skills and employment experience which is provided to LJS by a Candidate in order to try to secure employment or other work.
LJS: Logistics Job Shop Limited (company number 07371933) whose registered address is 13 Berkeley Square, Clifton, Bristol, BS8 1HB.
Disclaimer: LJS’s disclaimer as set out in the Website.
End Client: the person, firm or company to whom the Client provides its services in respect of the finding of suitable candidates for a Job Vacancy.
Intellectual Property Rights: all patents, rights to inventions, copyright and related rights, trademarks, service marks, trade, business and domain names, rights to sue for passing off, rights in designs, rights in computer software, database right, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Job Vacancy: a job vacancy with either the Client or an End Client which is being advertised by the Client (and which LJS is aware about).
Services: the services which LJS agrees to supply to the Client or Candidate in writing (via the Website or otherwise) and in connection with the Candidate’s search for employment or other work.
Terms: these terms and conditions as amended from time to time in accordance with clause 10.6.
Website: the site at www.logisticsjobshop.com or any other website owned or controlled by LJS for the provisions of any Services.
1.2 In these Terms, the following rules apply: (a) a person includes a natural person, corporate or unincorporated body; (b) words denoting the singular number only shall include the plural and vice versa, and words denoting any gender include both genders; (c) a reference to a party includes its personal representatives, successors or permitted assigns; and (d) a reference to writing or written includes faxes and e-mails.
2. APPLICATION OF THE TERMS
2.1 The Contract constitutes the entire agreement between the parties. The Candidate acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of LJS which is not set out in the Terms. Any Advertisement shall not form part of the Contract.
2.2 These Terms apply to the Contract to the exclusion of any other terms that the Candidate seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
3. SERVICES GENERALLY
3.1 The Candidate may access the Website and/or subscribe to the Jobs by Email service, or receive other services provided by LJS, subject to these Terms and in order to review (and potentially respond to) Advertisements and other information in respect of Job Vacancies.
3.2 LJS does not give any representation or warranty about (a) any Advertisement accessed on or via its Website or via any LJS service, or (b) any work offered by its Clients or any End Clients.
3.3 It is the responsibility of the Candidate to ascertain (a) the suitability of any work offered by a Client or an End Client and (b) the accuracy of any Advertisement or any information provided by a Client or End Client.
3.4 LJS shall have the right to make any changes to the Services which are necessary to comply with any applicable law, or which do not materially affect the nature or quality of the Services, and LJS shall notify the Candidate in any such event.
3.5 All Intellectual Property Rights in or arising out of or in connection with the Services and the Website shall be owned by LJS, except where any such Intellectual Property Rights have been licensed to LJS by any third party.
3.6 The Candidate shall not infringe any such Intellectual Property Rights referred to under clause 3.5.
4.1 If a Candidate sends their CV to LJS, a Client or an End Client (whether via the Website or otherwise) in connection with any Job Vacancy or otherwise in connection with the Services, the provisions of this clause 5 shall apply.
4.2 If the Candidate wishes to forward his CV (or otherwise provide information about themselves) to a Client or End Client in response to an Advertisement, he acknowledges that LJS cannot guarantee that any Client or End Client will keep a CV or Candidate information confidential.
4.3 Subject to clause 4.4, LJS may retain a copy of any CV which is delivered via its Website but shall only reproduce and distribute any CV for the purpose of trying to secure (directly or indirectly) suitable employment or other work for a Candidate, except that LJS may, as part of the sale of the whole of any part of its business, transfer a copy of any CV to a purchaser of such business.
4.5 The Candidate acknowledges and agrees that (a) LJS cannot guarantee that any Application will be successful and (b) LJS shall not be liable for any act or omission of any Client or End Client.
4.6 The Candidate also acknowledges and agrees that, due to the nature of the internet, LJS cannot guarantee the transmission speed or security of any CV or other document transmitted to a Client or End Client via the Website.
5. CANDIDATE'S OBLIGATIONS
5.1 The Candidate shall ensure (a) that any information which it provides to LJS, a Client or an End Client is accurate and not misleading or illegal and (b) that any CV which the Candidate provides via the Website or directly to a Client or End Client contains a true and accurate reflection of their education, employment and training history.
5.2 The Candidate shall keep confidential any password which it receives from LJS and not disclose any such password to any person except to the Candidate’s professional advisers on a confidential basis or except as required under law.
6.2 The parties acknowledge and agree that there are terms within the Disclaimer which are relevant to the Candidate and that the terms set out in the Disclaimer shall form part of these Terms.
7. LIMITATION OF LIABILITY: THE CANDIDATE’S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
7.1 Nothing in these Terms shall limit or exclude LJS's liability for death or personal injury caused by its negligence; for fraud or fraudulent misrepresentation, or for anything which may not be limited or excluded under law.
7.2 LJS shall not be liable to the Candidate, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for (a) any failure to secure employment or work, (b) any misrepresentation or inaccuracy in any information provided by any Client or End Client, (c) any breach of contract or law by any Client or End Client, or (d) any indirect or consequential loss arising in connection with the Services or otherwise under the Contract.
7.3 LJS shall not be liable for any loss of any CV, data or other materials which the Candidate may supply to LJS, a Client or any End Client, and the Candidate shall be responsible for retaining a copy of any CV or other data or materials which it may so supply.
7.4 Except as set out in these Terms, all warranties and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
7.5 LJS shall not be liable to the Candidate or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of LJS’s obligations in relation to the Services, if the delay or failure was due either to: (a) any delay or failure of the Candidate in performing its obligations under these Terms; or (b) any cause beyond LJS’s reasonable control.
7.6 This clause 8 shall survive termination of the Contract.
8.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party.
8.2 On termination of the Contract for any reason the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be affected and clauses which expressly or by implication have effect after termination shall continue in full force and effect.
9.1 LJS may at any time assign, transfer, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of its obligations under the Contract to any third party or agent.
9.2 Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post or sent by fax to the other party's main fax number or sent by e-mail.
9.3 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that right or remedy.
9.4 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between the parties, nor constitute any party the employer or employee of the other party.
9.5 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
9.6 Any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by LJS.
9.7 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
All Advertisements accepted for publication by Logistics Job Shop Ltd ('LJS') on behalf of ('DVV Media International') in any of its print or online publications are accepted subject to these terms and conditions. Any other conditions proposed by the Buyer shall be void unless accepted by LJS in writing.
10. In these conditions:
"Advertiser" means the person whose goods or services are advertised;
"Advertisement" means recruitment, online and email and re-directed advertisements;
"Buyer" means the person placing the order for the insertion of the Advertisement;
"Medium" means the print or online publication taking the booking.
"LJS Site" means the LJS website(s) onto which an Advertisement is sold.
11. All Advertisements are accepted subject to space being available in the Medium.
12. LJS reserves the right to cancel any order without liability in the event of becoming aware of any meetings of creditors, bankruptcy, liquidation proceedings, the appointment of a receiver or administrative receiver over the whole or substantial part of the Buyer's assets, or any indication whatsoever of financial difficulties.
13. These conditions and all other express terms of the contract between LJS and the Buyer shall be governed and construed in accordance with the Laws of England and the parties hereby submit to the non-exclusive jurisdiction of the English Courts.
The Buyer agrees at all times in its conduct of business with or on behalf of LJS to strictly comply with all applicable laws, ordinances, codes, regulations, standards and judicial and administrative orders (jointly “Applicable Laws”) relevant to its duties, obligations and performance including, without limitation, Applicable Laws related to bribery such as the United States Foreign Corrupt Practice Act and the UK Bribery Act and those enforced in the country where the Buyer is resident or conducts its business.
Buyer and its officers, directors, employees and agents shall engage only in legitimate business and ethical practices in commercial operations and in relation to its dealings with any employee or official of a government agency or any other government owned, operated or controlled entity (including, without limitation, state run universities, hospitals and libraries), or political parties or candidates (jointly “Government Official”). Neither Buyer nor any of its officers, directors, employees or agents shall pay, offer, give, promise or authorize the payment, directly or indirectly, of any monies or anything of value to any commercial contact or Government Official for the purpose or intent to induce such person to use his/her authority to help the Buyer, LJS, and/or any affiliate of LJS for personal gain or for that of the LJS or its affiliates (any such act, a “Prohibited Payment”). A Prohibited Payment does not include a payment of reasonable and bona fide expenditures, such as travel or lodging expenses, which are directly related to the promotion, demonstration or explanation of products or services or the execution or performance of a contract, provided that such payments are permissible under Applicable Laws. Buyer further agrees not to accept any payment or other benefit in money or in kind from any person as an inducement or reward for any act or forbearance or in connection with any matter or business transacted by or on behalf of LJS.
Buyer to contract as Principal
14. The Buyer warrants that the Buyer contracts with LJS as principal notwithstanding that the Buyer may be acting directly or indirectly for the Advertiser as an advertising agent or media buyer or in some other representative capacity. Where the Buyer is the Advertiser's advertising agency, the Buyer warrants that it is authorised by the Advertiser to place the Advertisement with LJS.
Delivery and Ownership of materials
15. Materials delivered must conform to LJS's specifications. LJS reserves the right to charge the Buyer for work it required to amend materials to conform to its specifications but accepts no liability for such work.
16. Any intellectual property rights in designs prepared by LJS shall remain the property of LJS and Advertisements including such designs may not be reproduced without LJS's consent.
17. If an Advertisement includes a promotion, competition or a special offer of merchandise the Advertiser must provide full details to LJS on request.
Prices and Payment terms
18. Prices published by LJS from time to time are subject to revision at any time and orders are accepted on the condition that the price binds LJS only in respect of the period specified on the applicable rate card.
19. Series discounts apply only to orders placed in advance and completed within the agreed period. LJS reserves the right to adjust advance discounts and/or to surcharge in the event of a series of Advertisements not being completed within that period. If the Buyer cancels the balance of a contract to publish a series of Advertisements, except in the circumstances set out in paragraph 31, it relinquishes any series discount and all Advertisements will be paid for at the appropriate rate.
20. Prices are exclusive of applicable Value Added Tax which the Buyer shall additionally be liable to pay to LJS.
21. Credit accounts must be settled in accordance with the terms shown on the invoice. In default, all outstanding transactions will become liable for immediate settlement. Interest will be charged monthly on overdue accounts at the rate of 2% above the HSBC Bank PLC Minimum Lending Rate. In the event that legal action is required in order to obtain settlement of an outstanding debt from an Advertiser LJS reserve the right to recover all related costs in addition to the interest payable.
Limitations on LJS's Liability
22. Except to the extent specified in paragraph 23, LJS shall not be liable for any loss or damage suffered by the Buyer as a result of any total or partial failure (howsoever caused) of publication, distribution or availability of any Medium in which any Advertisement is scheduled to be included or for any error, misprint or omission in the printing of any Advertisement. In the event of an error or omission by LJS, which detracts materially from the Advertisement, LJS will either reinsert the Advertisement or relevant part of the Advertisement in a subsequent issue or make a reasonable refund of or adjustment to the price paid by the Buyer. No reinsertion, refund or adjustment will be made for any other error or omission or where the error or omission is the result of delivery of materials which do not comply with LJS’s specifications.
23. The total liability of LJS to the Buyer for any act or omission of LJS, its servants or agents relating to any Advertisement shall not exceed the amount of a full refund of any price paid to LJS for the Advertisement or the cost of a reasonably comparable further or corrective Advertisement. Without limiting the foregoing, LJS shall not be liable for any loss of profits or business or for indirect or consequential loss. LJS accepts no liability for the repetition of an error in an Advertisement ordered for more than one insertion unless notified immediately the error occurs. Complaints regarding reproduction of printed Advertisements must be received in writing within one calendar month of the cover date.
24. LJS accepts no responsibility for the quality of reproduction of any photograph supplied by the Buyer, its agents or servants. Cancellation or suspension
25. Cancellation or suspension of an Advertisement by the Buyer must be received in writing by LJS within the period specified below by the appropriate Medium.
A. Recruitment Advertising – at least 14 working days prior to the publication date.
B. Online – All Advertising – at least 5 working days prior to the planned insertion date.
26. LJS reserves the right to omit or suspend an Advertisement at any time for good reason, without liability to the Buyer and shall notify the Buyer as soon as possible. If such omission or suspension is due to the act or default of the Buyer, the Advertiser or their respective servants or agents, then the Buyer shall pay for the Advertisement in full notwithstanding that the Advertisement has not been published.
Buyer's Warranties and Indemnities
27. The Buyer warrants that the Advertisement does not contravene the British Code of Advertising Practice and is not in breach of any relevant legislation, including the Equality Act 2010, the Obscene Publications Act and any other legislation or regulation, such as those relating to the provision of Financial Services, which apply to specific Advertisers, products or services.
28. If any Advertisement submitted for publication contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or copy by which any living person is or can be readily identified, the Buyer warrants that the Buyer or the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy.
29. The Buyer will indemnify and hold harmless LJS from and against any claim that the Advertisement infringes the copyright, trademark or other intellectual property rights of any person or that it is defamatory or infringes any other right of any person. LJS reserves the right to withdraw and/or refuse to publish an Advertisement without liability to the Buyer if it reasonably believes that the Advertisement may make LJS or the Advertiser liable to any complaint, claim or proceedings.
30. The Buyer is solely responsible for fulfilling and dealing with any orders or enquiries relating to the goods, services or promotion to which the Advertisement relates and will indemnify and hold LJS harmless accordingly.
31. Copy must be supplied by the Buyer without application from LJS. If copy instructions are not received by the agreed date, no guarantee can be given that any agreed proofs will be supplied or corrections made and LJS reserves the right to repeat the most appropriate recent copy or omit the Advertisement. Where a layout or proof is submitted to the Buyer, it must be returned on the date specified and LJS reserves the right to publish the Advertisement in the same form as any layout or proof submitted if the layout or proof is not returned on the date specified. In any of these cases, the total price of the order will remain unaltered.
32. If, at its discretion, LJS considers it necessary to modify the space or alter the date or position of the Advertisement or make any other alteration to an Advertisement accepted for insertion, the Buyer will have the right to cancel the publication of the Advertisement if the alterations requested are unacceptable.
33. Where an Advertisement has been accepted by LJS and includes inserts LJS reserves the right to charge the full price if the inserts fail to arrive at the agreed time and place for insertion.
34. Charges will be made to the Buyer where printers are involved in extra production work owing to acts or defaults of the Buyer or the Advertiser.
35. Any Buyer or Advertisers who is either an employment agency or an employment business (as defined by the Employment Agencies Act 1973 ('the Act')) must ensure that Advertisements comply with their obligations under the Act and the Conduct of Employment Agencies and Employment Businesses Regulations 2004.
36. Buyers and Advertisers agree to deal fairly and professionally with individuals who may respond to a recruitment related Advertisement and to indemnify LJS from and against any claim brought by an individual against LJS arising from a breach of this obligation or any other of these terms and conditions.
37. LJS does not guarantee any response to recruitment related Advertisements or that responses will be from individuals suitable for the job advertised. It is the Advertisers responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
38. The Buyer must deliver complete creative content to LJS at least 2 working days before 9am on the go-live date in a format which complies with LJS's online ad formats for such content. To cancel or alter an order the Buyer must inform LJS by e-mail, at least 5 working days before 9am on the go- live date. Otherwise, LJS may not be able to achieve the specified go-live date but the Buyer must pay the full amount irrespective of whether any delivery target for impressions have been met.
39. If the Buyer is supplying creative content or change of creative to be used in rotations, in the form of a redirected advertisement, the Buyer must inform LJS in advance.
40. If an Advertisement links to another site, the Buyer is responsible for maintaining the link and for the content of the linked site. LJS may remove any Advertisement which contains content or links to a site which, in LJS's opinion, is defamatory or objectionable or will bring LJS into disrepute. The Buyer will indemnify LJS from and against any claims or liability arising from links contained in an Advertisement.
41. Advertisements may contain only such information and code as is necessary to run the Advertisement effectively on the relevant LJS Site. Advertisements may not contain tags, cookies, beacons or similar technology which identifies users of any LJS Site or enables the Buyer or any third party to serve such users with any advertising other than the Advertisement.
42. If an Advertisement is supplied which does not comply with these terms and conditions or LJS receives complaints regarding an Advertisement, LJS may, at its discretion, remove the Advertisement from display without reference or liability to the Buyer.
43. Where an Advertisement is sold on a cpm basis, LJS will provide the Buyer with delivery statistics and campaign reports on a regular basis throughout the campaign period. The statistics and other reports provided by LJS shall, in the absence of manifest error, be binding on the Buyer and are in lieu of any other right of audit.
44. The Buyer's sole remedy if LJS, or its third-party subcontractors who may host and serve Advertisements from time to time, make an error in displaying any Advertisement is the cost of re- running the relevant Advertisement. Neither LJS nor its subcontractors shall be liable for failure to display the Advertisement caused by circumstances outside their control.
45. LJS does not guarantee any response to recruitment related Advertisements or that responses will be from individuals suitable for the job advertised. It is the Advertisers responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
REGISTERED IN ENGLAND & WALES: REGISTERED OFFICE: 13 Berkeley Square, Clifton, Bristol BS8 1HB.
Registration Number: 07371933