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Terms and Conditions of Use
Terms & Conditions:
General Terms and Conditions 1.1.1 These General Terms and Conditions govern the collection and use of user data from those portions of the AcademicPosts.com website that are available to the public without a login ID or password (the "Public Site") and those portions, such as the Recruiter Section and Candidate Section, that we restrict to users with a login ID and password (the "Restricted Site"). The Public Site and the Restricted Site are, collectively, called the "Web Site." Except where specified otherwise, the provisions in these Terms and Conditions apply to the Web Site as a whole. 1.1.2 Academic Recruitment Services Ltd., publisher of AcademicPosts.com, has created these Policies to demonstrate our firm commitment to keeping personal information private. Our data collection policies allow you to choose how much information you provide us and how we use the information you have shared. It is our intent to use this information to help further your success in seeking or filling a position in academia and related professions through the use of our Web Site. 1.2 The information we collect and how we use it 1.2.1 Anonymous Information. You can always browse the Public Site and search for posted positions without providing any personal information to AcademicPosts.com. We gather general information about the number of users browsing the Web Site, the number of users who view certain posted positions, and how users navigate through our Web Site. This information is collected anonymously and only in the aggregate. We use this information to provide aggregated statistical feedback to the institutions posting positions on our Web Site, to publicize our Web Site and to further develop our Web Site to maximize the benefits realized by our users. 1.2.2 Personally Identifiable Information. AcademicPosts.com collects personally identifiable information when you register for an account, create a Curriculum Vitae Profile and when you elect to receive information from us through any "opt-in" services we may provide. "Opt-in" services are only offered when the user purposefully checks a box or another method of indicating their specific intention of being included for the service so provided. When you create a user ID and password, we collect your name and e-mail address. We may also request other information such as your postal code, career level, highest degree earned, salary level and professional affiliations. Any information you provide to AcademicPosts.com when registering for an account is maintained and accessible only by AcademicPosts.com. We use this information in the aggregate for demographic purposes. We may use that information to e-mail you information about maintenance schedules as well as special promotions and other general updates from AcademicPosts.com or third parties that may be relevant to you and your search for a position in higher education. AcademicPosts.com provides you with the opportunity to opt-out of these types of communications. If you choose to receive these types of communications at the time of registration or by opting in for a particular service, and later decide you no longer want to receive them, simply follow the opt-out procedures contained on the Web Site. WE DO NOT SELL OR OTHERWISE SHARE ANY OF YOUR PERSONAL INFORMATION WITH ANY THIRD PARTY OTHER THAN IS OUTLINED IN THIS PRIVACY POLICY. 1.2.3 We post customer testimonials on our web site which may contain personally identifiable information such as the customer's name. We do obtain the customer's consent prior to to posting the testimonial to post their name along with their testimonial. 1.2.4 Curriculum Vitae Profile. If you register for a personal Candidate AcademicPosts account, you will have the option of posting a form of your curriculum vitae on the Restricted Site. We request certain personal information in order for you to post your resume, such as your name and address, e-mail address and experience working in higher education. We include this information, when and only if you so elect, in a database for institutional and other paying subscribers to search for potential candidates online. In addition, you have the ability to draft a personal curriculum vitae and cover letter in the provided textbox. There are two primary ways you can use the Curriculum Vitae Centre: 1.2.4.1 You can create and store your curriculum vitae on our database, but not allow it to be searched by any institutions of higher education or other employer-subscribers. Not allowing your resume to be searchable means that you can use it to apply for a position online, but it will not be searchable through our resume database. 1.2.4.2 You can store your resume in our database and allow it to be searched by universities and employers that subscribe for access to our curriculum vitae database. You may remove your curriculum vitae from our searchable database at any time. However, university and other subscribers who have paid for access to the database may have retained a copy of your curriculum vitae in their own files or databases. We are not responsible for the retention, use, or privacy of curriculum vitaes, nor any information disclosed on your curriculum vitae or cover letter posted on our Web Site. Please note that once you create a curriculum vitae online and permit it to be searched, all information contained in your curriculum vitae and cover letter can be collected and used by our subscribers. This may result in unsolicited messages from third parties, for which Academic Recruitment Services Ltd. is not responsible. 1.2.5 Other Technical Information/Cookies. We collect an IP address from all visitors to our Web Site. We use your IP address to help diagnose problems with our server and to administer our Web Site. In addition to information provided by your browser, we use "cookies" for remembering your preferences, maintaining information about whether you are currently logged into our systems, and tracking click streams. Because of our use of cookies, we can deliver faster service, consistent, updated results, and a more personalized site experience. Cookies in and of themselves do not personally identify users, although they do identify a user's computer. Most browsers are initially set to accept cookies, but if you prefer, you can set your browser to refuse cookies. We do not use cookies to store any personally identifiable information you submit while on our site. If you use AcademicPosts and request us to do so, we will use a cookie to help us recall information about your account such as your user name and password. In the event you refuse cookies, however, you may not be able to take advantage of benefits offered by our Web Site. 1.2.6 Some of our business partners (e.g., advertisers, tracking utilities) use cookies on our site. We have no access to or control over these cookies. [See the "Third Party Advertisers" section.] 1.2.7 This privacy statement covers the use of cookies by www.AcademicPosts.com only and does not cover the use of cookies by any advertisers. [See the "Third Party Advertisers" section.] 1.2.8 Job Postings. Persons, whether as individuals or as employees of a business who use the Recruiter Section or the View Single Posting Pages of the Web Site may be asked for their business email addresses, business address and phone, billing information, and a password. Although there is no cost to Job Seekers for using the services on the Web Site, Job Posters will be charged a fee for requested services. We use data collected from Job Posters to provide requested services. 1.2.9 Payments By Credit Card. We use an outside bank merchant account to verify credit card data so we can bill and account for products sold to Job Posters. This company does not retain, share, store or use credit card data for any other purposes. 1.2.10 Third Party Advertisers. The ads appearing on this Web site may occasionally be delivered to users by third party ad servers. We share Web site usage information about users with reputable third parties for the purpose of targeting our Internet banner advertisements on this site. 1.2.11 Our third party advertisers use cookies, which allow it to recognize a user's cookie when a user visits this site. The information that our ad server collects and shares through this technology is not personally identifiable. 1.3 Disclosure of Information 1.3.1 Except as described in this Privacy Policy, we do not disclose information about your individual visits to our site, or personal information that you provide, such as your name, e-mail address, subject area, or professional associations to any outside parties, except when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, or (ii) protect the rights, property or safety of AcademicPosts.com, our users, or others. 1.4 You can modify your information at any time 1.4.1 AcademicPosts.com allows you to change, correct or remove your personal information from the Web Site at any time. To do so, simply log into your AcademicPosts account, go to your account profile, and you will find options for editing the information you have submitted. You may also opt-out of any communication by following the instructions included in each newsletter or communication or by contacting us through the Website. In order to keep information fresh and pertinent, your account on the Restricted Site will be deleted after six (6) months of non-use. In addition, our Web Site provides users the opportunity to opt-out of receiving communications from us. Users may change this information any time and as often as necessary. AcademicPosts.com does reserve the right to send a one-time registration confirmation e-mail, and infrequent service messages to its customers to inform them of specific changes to AcademicPosts.com's services or special alerts, regardless of email contact opt-in status. Examples of such a special alert message, to the email address you supplied, would be notification of the impending closing of an account that is believed to be abandoned or the addition of important new features to an existing service. 1.4.2 Job Posters may update their account information and manage their job postings by logging into their account through the Post a Job section of our Web site. 1.5 Security Measures are in Place 1.5.1 This Web Site has security measures in place to protect the loss, misuse and alteration of the information contained on our Web Site. During the subscription or registration process, you will have the option to provide a password for your account. We authenticate your access to our Web Site through your use of your user ID and password, and protect your information with firewall protections. Our security and privacy policies are periodically reviewed and enhanced as necessary. Particularly sensitive information, such as a college or university's credit card number collected for a commerce transaction, is encrypted prior to transmission using standard encryption protocols. Please be advised that you are ultimately responsible for the security of your AcademicPosts.com user ID and password. Please take care to store your AcademicPosts.com user ID separately from your account password, or better yet, choose a password that you do not need to write down at all. 1.6 Changes to these Terms and Conditions 1.6.1 If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the privacy policy under which the information was collected. 1.6.2 If, however, we are going to use users' personally identifiable information in a manner different from that stated at the time of collection we will notify users via email. Users will have a choice as to whether or not we use their information in this different manner. However, if users have opted out of all communication with the site, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect user information already stored in our database, we will post a prominent notice on our Web site notifying users of the change. In some cases where we post a notice we will also email users, who have opted to receive communications from us, notifying them of the changes in our privacy practices. 2 Terms and Conditions for Customers 2.1 Definitions 2.1.1 Advertisement: means advertisement(s) of any variety placed on our website on behalf of a Customer 2.1.2 Company: means Academic Recruitment Services Ltd. trading as AcademicPosts.com 2.1.3 Customer: means the party wishing to place the Advertisement or request any services by the Company, and with whom the Company contracts 2.2 Basis of Contract 2.2.1 These Conditions form the terms and conditions of the Contract and apply to the exclusion of any terms and conditions put forward by or on behalf of the Customer 2.2.2 A Contract shall come into existence when a request for the Company's Services and/or Advertisements is made 2.2.3 The Company reserves the right to place any Advertisement on other websites or publication media at no extra cost to the Customer. 2.3 Price and Payment 2.3.1 The fees for our Services and Advertisements are available in the 'Products and Services' page on the Company's Website. The Company shall be entitled to charge additional fees to perform revisions and create variations on Advertisements requested by the Customer. 2.3.2 If the Customer places an advertisement including details of more than one Post, then the Company reserves the right to reduce the number of posts to one, and to offer the Customer the option to place additional advertisements for each individual Post at the standard fees. 2.3.3 The company reserves the right to make amendments to advertisements submitted by the Customer to the Website, including but not limited to, modifications to categorization of the advertisement, stylistic modifications, website linking, and modifications of spelling and grammar. 2.3.4 Unless otherwise indicated, all prices are exclusive of VAT, which shall be charged at the prevailing rate. 2.3.5 When the Customer requests our Services and/or Advertisements, and opts to make payment by cheque or purchase order, then the Company reserves the right not to provide the requested Services and/or Advertisements until payment is received in full and is cleared. In these cases, the turnaround time indicated by the company for the provision of Services and/or Advertisements shall be marked by clearance of payment from the Customer to the Company. 2.3.6 Where arrangement is made for the Company to accept payment in instalments, and any delay or default arises by the Customer in making the payment for any instalment, then all remaining instalments shall be rendererd due. Interest shall then be charged at the annual rate of 5% on a daily basis until payment is received by the Company in full. 2.3.7 Credit System 2.3.7.1 Credits purchased by the Customer shall be accepted as currency by the Company, at a fixed rate of one Great Britain Pound (£, GBP) per one Credit, for the purchase of Services and/or Advertisements specified at the time of Credit purchase, with the exception that Credits shall not be accepted as currency for the purchase of additional Credits. 2.3.7.2 The Company shall not refund or exchange Credits purchased by the Customer, either wholly or in part, excepting at the Company’s discretion in cases including, but not limited to, cases where the Company receives from the Customer a written request for a refund within 14 days of Credit purchase and where the purchased Credits remain wholly unspent. In such cases, the monies refunded by the Company shall be equivalent to the original monetary cost of the Credit purchase, and not the redeemable value of the Credits for purchases of Services and/or Advertising from the Company. 2.3.7.3 In the event that the Company changes its fees for any Services and/or Advertising, the Company shall not be required to change the Credit balance of the Customer, excepting at the discretion of the Company in cases including, but not limited to, cases where changes are made to fees by the Company within 8 weeks of the purchase of Credits by the Customer, and where the Customer provides a written request to the Company within 4 weeks of these fee changes. 2.3.7.4 Except where explicitly stated, all Terms and Conditions governing monetary transactions shall govern also Credit transactions. 2.4 Termination and suspension of Contract 2.4.1 The Company shall be entitled, on providing written notice, to terminate or suspend wholly or in part, any Contract with the Customer and any of the Company's obligations under the Contract, and on provision of such notice all outstanding monies from the Customer to the Company shall become immediately due) if; 2.4.1.1 any sum owing to the Company from the Customer shall be unpaid 30 days after the due date for payment 2.4.1.2 the Customer commits or suffers any of the following namely the passing of a resolution or the presentation of a petition for winding-up, bankruptcy or for the appointment of an administrator, the appointment of a receiver and/or manager or administrative receiver over the whole or any part of the Customer's undertaking and assets, the making of a proposal for a voluntary arrangement within the Insolvency Act 1986 or of a proposal for any other composition scheme or arrangement with or the calling by the Customer of any meeting of its creditors generally, the levying of execution or distress or diligence on any of its assets, the failure to pay its proper debts as and when due and anything analogous to any of the foregoing under the law of the jurisdiction where the Customer is established. 2.4.1.3 the Customer shall commit any breach of any contract (including the Contract) with the Company 2.4.2 In the event of a suspension of performance of the Contract the Company shall be entitled to require, as a condition of resuming performance, the pre-payment, of any further advertisement(s). 2.5 Warranty 2.5.1 The Customer warrants that: 2.5.1.1 it has obtained all necessary consents in respect of the Advertisement and that the Advertisement complies with all necessary legal statutory and regulatory requirements 2.5.1.2 the Advertisement does not and will not infringe any copyright trade mark and/or any other right of any third party and does not amount to passing off; 2.5.1.3 the Advertisement is honest, decent and accurate and contains nothing which is defamatory, libellous or blasphemous or which might have a detrimental effect upon the reputation of the Company 2.5.1.4 the Advertisement does not contain any direct or indirect discrimination on the basis of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, or sexual orientation. 2.5.1.5 the Customer shall be responsible to the Company for ensuring the accuracy and sufficiency of its Advertisement 2.6 Right to Refuse to Accept or to Remove Advertisement and/or Services 2.6.1 The Company reserves the right to refuse to place any Advertisement or provide any Service at its discretion 2.6.2 The Company reserves the right to remove any Advertisement for any reason. In this case, the Company shall have no liability whatsoever in respect thereof and has only the obligation to inform the Customer. 2.7 Extent of Liability 2.7.1 The Company will not be liable to the Customer: 2.7.1.1 - in contract tort and/or breach of statutory duty for any loss or damage which the Customer may suffer by reason of any act of omission, neglect or default in the performance of the Contract by the Company, its servants or agents in a sum in excess of the fee paid for the Service and/or Advertisement. 2.7.1.2 - in contract tort and/or breach of statutory duty for any loss of any kind (including economic) which the Customer may suffer by reason of any act of omission, neglect or default in the performance of the Contract by the Company, its servants or agents in a sum in excess of the fee paid for the Service and/or Advertisement, except in respect of death or personal injury caused by the negligence of the Company, its servants or agents, and except for fraudulent misrepresentation. 2.8 Indemnity 2.8.1 The Customer shall indemnify the Company in full against all liability and loss awarded against of incurred or paid by the Company as a result of or in connection with: 2.8.1.1 - breach of any warranty given by the Customer in relation to the Advertisement 2.8.1.2 - any claim that the Advertisement infringes the copyright trade mark and/or any other intellectual property rights and/or any other right of any other person 2.8.1.3 - any breach of any of the Customers obligations under the Contract and/or any act of omission or negligence on the part of the Customer 2.9 General 2.9.1 No failure or delay on the part of the Company to exercise any of its rights under the Contract shall operate as a waiver of nor shall any waiver by the Company of any breach by the Customer of any of its obligations under the Contract affect the rights of the Company in the event of any further or continuing breach. 2.9.2 Any notice required to be given in writing under the Contract shall be given by email to the Company at the Company's Website and by email to the Customer at the website stated on the Advertisement or any postal address subsequently notified in writing by the Customer to the Company and shall be deemed to have been received, in the case of a an email upon transmission and, in the case of a letter, forty-eight hours after posting. 2.9.3 Neither party shall have any liability for any failure to perform or any delay in the performance (other than as to payment) of any obligations under the Contract caused by any factor beyond its reasonable control. 2.9.4 Each and every obligation contained in these Conditions shall be treated as a separate obligation and shall be severally enforceable as such notwithstanding the non-enforceability of any other obligation. 2.9.5 The Contract shall be governed by English Law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts. 2.9.6 The Contract is personal to the Customer. The Customer shall not assign, transfer or charge its rights and responsibilities under this Contract or any of them without the prior written consent of the Company. 2.9.7 The Conditions and the Contract shall not constitute and shall not be deemed to constitute a partnership between the Company and the Customer and the Customer shall not act nor purport to act as agent for the Company but solely as an independent contractor. 2.9.8 For the avoidance of doubt nothing in these Conditions shall confer on any third party any benefit or the right to enforce any provision of these Conditions.
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