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Terms and Conditions

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Candidate Terms and Conditions

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1) Definitions

a) In these terms and conditions (the Terms) the following definitions shall apply:

i) Account means a User’s account with MTRM

ii) Candidate means an individual who wishes to be considered for Employer Vacancies

iii) Content means the contents of the Website, including all text, graphics, images, logos, button icons, software and other content

iv) Employer means an entity that is seeking Candidates in respect of an Employer Vacancy

v) Employer Vacancy means any employment vacancy that an Employer (or where the Employer is itself an agent, its underlying client) may have from time to time

vi) MTRM or the Company means Meet The Real Me Limited (company number 6350909)

vii) User or You means the entity setting up an Account, being a Candidate or an Employer

viii) User Content means all information, postings, content (including, without limitation, works in any form, media or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information submitted by a User to the Website or submitted on connection with the User’s Account

ix) User Information means information about a User, including name, email address and other personal information relating to such User, or in the case of Employers, personal information relating to any individual(s) of the Employer who are concerned with the User’s operation of its Account

x) Website means meettherealme.co.uk

2) The Website

a) MTRM authorises You to view and download a single copy of the material on the Website solely for your personal, non-commercial use provided that Candidates may utilise the Website to search Employer Vacancies, and Employers may utilise the Website to post Employer Vacancies and search User Content in respect of Candidates.

b) The Website and its Content is the property of MTRM or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on this Website is the exclusive property of MTRM and protected by copyright laws.

c) Unauthorised use of the Website and the Content may infringe copyright, trademark and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Website Content on any copy You make of the Website Content.

d) You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose in connection with products or services that are not those of MTRM, in any manner that is likely to cause confusion among consumers, that disparages or discredits MTRM or its licensors, that dilutes the strength of MTRM’s or its licensor’s property, or that otherwise infringes MTRM’s or its licensor’s intellectual property rights. The use of the Website Content on any other web site or in a networked computer environment for any purpose is prohibited.

3) Your Account

a) To set up an Account, You will be required to provide MTRM with certain User Information. MTRM will use the User Information in accordance with MTRM’s privacy policy.

b) You are responsible for maintaining the confidentiality of your User Information, User Content and Account password. You must not share your Account password or access information with anyone else and You shall be responsible for all uses of your Account whether or not authorised by you. You must immediately notify MTRM of any unauthorised use of your Account.

c) You understand and acknowledge that You have no ownership rights in your Account.

d) MTRM reserves the right to suspend or terminate your Account at any time for any reason. MTRM will notify you of any such suspension or termination to the contact email address in your User Information.

4) Grant of licence of User Content

a) By submitting User Content, You grant MTRM a royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right (including any moral rights) and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such User Content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

b) If You are a Candidate, You permit MTRM to permit Employers to browse, access, display, view, store and reproduce your User Content in connection with Employer Vacancies.

c) If You are an Employer, You permit MTRM to permit Candidates to browse, access, display, view, store and reproduce your User Content in connection with Employer Vacancies.

d) You agree that in submitting User Content or otherwise using the Website that You will not impersonate any person, or submit any materials to the Website that are false, inaccurate, misleading, unlawful or otherwise in violation of your obligations under these Terms.

5) Acceptable use

a) You may not use the Website in order to display, post, transmit, distribute, store or destroy material including, without limitation, content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others or (c) that is, or may in our judgement be, defamatory, offensive, vulgar, obscene, harassing, threatening, abusive or hateful, racist, sexist, discriminatory, of a menacing character or cause annoyance, inconvenience, embarrassment or anxiety to any person.

b) You are prohibited from violating or attempting to violate the security of the Website including, without limitation, (a) accessing data not intended for such User or logging into a server or account which the User is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any User, host or network, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MTRM will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting Users who are involved in such violations.

c) You are specifically prohibited from:

i) using the Website for any purpose other than as set out in paragraph 2(a)

ii) posting any incomplete, false or inaccurate information, including, in the case of Candidates, posting any incomplete, false or inaccurate biographical information or information which is not your own accurate CV

iii) deleting or revising any material posted by any other User

iv) using any device, software or routine to interfere or attempt to interfere with the proper working of the Website

v) disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose

vi) notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism including, without limitation, browsers, spiders, robots, avatars or intelligent agents to navigate or search the Website other than the search engine and search agents available from MTRM on the Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer)

vii) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website

viii) aggregating, copying or duplicating in any manner any of the Content or information available from the Website

ix) framing of or linking to any of the Website Content or information available from the Website.

d) You are responsible for your User Content. You warrant that:

i) You own all copyright and other intellectual property rights in your User Content, or, insofar as you do not own any such copyright or other intellectual property rights, You have the permission of the copyright owner to post it

ii) your User Content does not infringe on any intellectual property rights of any third party

iii) your User Content does not infringe on the privacy or other rights of any third party

iv) your User Content does not reveal trade secrets unless You own them or have the permission of the owner

v) your User Content is not illegal, pornographic, offensive, obscene, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing, or which may cause annoyance, anxiety or inconvenience to another user or any other person or entity

vi) your User Content does not reveal, contain or link to a sexually-explicit image or statement

vii) your User Content does not involve the transmission of “junk mail”, “chain letters”, pyramid schemes or unsolicited mass mailing or spamming

viii) your User Content does not contain restricted or password only access pages, or hidden pages or images

ix) you will not solicit passwords information from other Users.

e) MTRM does not necessarily monitor any materials posted, transmitted, or communicated to or within the Website. If you believe that something on the Website violates these Terms please contact us immediately.

f) MTRM reserves the right to forward details to the Police, regulatory authorities, (including the Department of Trade and Industry, Employment Agencies Standards Directorate and the Information Commissioner), legislative and judicial bodies, should your use of the Website breach any applicable law or regulations or be inconsistent with these Terms.

6) Privacy

MTRM reserves the right to offer third party services and products to You based on the preferences that You identify in your registration and at any time thereafter; such offers may be made by MTRM or by third parties. Please see MTRM’s privacy policy.

7) Disclaimer and liability

a) Without limiting any of the other disclaimers of warranty set forth in these Terms, MTRM does not provide or make any representation as to the accuracy, completeness, reliability, quality or nature of any of User Content provided by any other User. You acknowledge that any reliance You place on content posted by any other User will be at your own risk.

b) The Company does not verify or check, in any manner, the Employer Vacancy details or User Information posted on this Website. Candidates should carry out independent checks on Employer Vacancies. Employers should independently verify the credentials and qualifications of Candidates.

c) MTRM does not warrant that the Website will operate error-free or that the Website and its servers are free of computer viruses or other harmful mechanisms. If your use of the Website or any of the Content results in the need for servicing or replacement of any equipment or data, MTRM is not responsible for these costs. The Website and the Content are provided on an “as is” basis without any warranties or any kind. MTRM, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. MTRM make no warranties about the accuracy, completeness, reliability or timeliness of the Content.

d) For the avoidance of doubt, the Website is a bulletin board or venue and is not an employment business or an employment agency within the meaning of the Employment Agencies Act 1973 or any regulations made pursuant thereto. The Company acts as a passive conduit for the online distribution and publication of user submitted information only.

e) Save in respect of death or personal injury caused by its own negligence, in no event shall MTRM be liable for any loss or damage whatsoever (including, without limitation, indirect or consequential losses, loss of profits, loss of data or business interruption) arising from the use or inability to use the Website and the Content, whether based on contract, tort or any other legal theory and whether or not MTRM has been advised of the possibility of such loss or damage.

f) MTRM’s maximum liability to a User arising out of or in connection with the Website and use of the Content, regardless of the cause of action (whether in contract, tort or otherwise) will not exceed £10.

g) You agree to defend, indemnify, and hold harmless MTRM, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to the Website, (ii) your use of any Content, or (iii) your breach of the terms of these Terms.

8) General

a) The Terms are governed by English law and the courts of England shall have exclusive jurisdiction.

b) MTRM makes no claims that the Content may be lawfully viewed or downloaded outside of the United Kingdom. Access to the Content may not be legal by certain persons or in certain countries. If You access the Web Site from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

c) If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect.

d) No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, MTRM’s failure to enforce any term of these Terms shall not be deemed a waiver of such term or otherwise affect MTRM’s ability to enforce such term at any point in the future.

e) In the event of a conflict between the Terms and any other terms agreed between MTRM and You, or otherwise applicable to You, these Terms shall prevail.

f) MTRM may revise these Terms at any time by updating this posting. You should visit this page periodically to review the Terms because they are binding on You.

Version 1.1: 30 November 2009

Employer Terms and Conditions