Terms of Sale
BACKGROUND:
These Terms of Sale set out the terms under which Services, accessed via Subscriptions, are sold and provided by Us. We make a job board platform at https://jobs.bwam.network/ (the “Platform”) available to both recruiters and jobseekers subject to these Terms of Sale. The Platform is a job board which enables Hiring Organisations to advertise and Jobseekers to view available employment opportunities. We are not an employment business hiring out workers and does not introduce Jobseekers and Hiring Organisations to one another. We do not obtain sufficient information from either Hiring Organisations or Jobseekers either to enable Hiring Organisations to select a suitable Jobseeker for the position which the Hiring Organisation seeks to fill or to enable Jobseekers to judge whether the position advertised is suitable for their requirements. We also offer career development training on a subscription basis. Please read these Terms of Sale carefully and ensure that you understand them before purchasing a Subscription, submitting an Advert, or accessing Career Development Services. You will be required to read and accept these Terms of Sale when ordering a Subscription. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to purchase a Subscription and access our Services. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Advert” means a recruitment advertisement posted on the Platform by a Hiring Organisation;
“Career Development Services” means paid-for training courses and services made available by Company to the User from time to time;
“Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR (the retained EU law version of the General Data Protection Regulation ((EU) 2016/679), as it forms part of the law of England and Wales, Scotland, and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018); the Data Protection Act 2018 (and regulations made thereunder); and the Privacy and Electronic Communications Regulations 2003 as amended;
“Hiring Organisation” means a business who wishes to recruit an individual to fill an employment position that posts an Advert on our Platform;
“Jobseeker” means an individual seeking employment;
“Materials” means all documents, information, items and materials in any form (whether owned by the US or a third party), including intellectual property rights therein, which are provided by the Us to the User in connection with the Services and or use of the Platform;
“Order” means your order, detailing the relevant Services provided by the Company to the User ;
“Order Confirmation” means Our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order;
“Our Site” Means https://bwam.network/
“Paid Content” means the digital content provided by Us through Our Site;
“Payment Site” means the payment link site in which a User places an Order for Our services, as provided by Us to you.
“Platform” means the recruitment advertising platform owned and operated by Us and available at https://jobs.bwam.network/
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Subscription” means a subscription to Our Services;
“Subscription Confirmation” means Our acceptance and confirmation of your purchase of a Subscription;
“User/Firm/You” means a user of our Services; and
“We/Us/Our” means Go Far Together Limited a company registered in England and Wales under Company number 14337117;
2. Information About Us
2.1 Our Platform, https://jobs.bwam.network/, is owned and operated by Go Far Together Limited, a limited company registered in England under 14337117, whose registered address is 71-75 Shelton Street, London, WC2H 9JQ. Our VAT number is 439418375.
3. Access to and Use of Our Platform
3.1 It is your responsibility to make any and all arrangements necessary in order to access Our Platform.
3.2 Access to Our Platform is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Platform (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Platform (or any part of it) is unavailable at any time and for any period.
4. Business Customers
4.1 These Terms of Sale apply to business customers only. These Terms of Sale do not apply to individual consumers purchasing Paid Content for personal use (that is, not in connection with, or for use in, their trade, business, craft, or profession).
4.2 These Terms of Sale constitute the entire agreement between Us and you with respect to your purchase of Subscriptions from Us. You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms of Sale and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
5. Subscriptions, Adverts, Pricing and Availability
5.1 We make all reasonable efforts to ensure that all general descriptions of the Services available from Us correspond to the actual Services that will be provided to you, however please note that the exact nature of the Services may vary depending upon your individual requirements and circumstances.
5.2 Please note that sub-Clause 5.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Services, not to different Services altogether.
5.3 We neither represent nor warrant that all Services will be available at all times and cannot necessarily confirm availability until confirming your Order.
5.4 We may from time to time change Our prices. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 1 month before the change is due to take effect. If you do not agree to such a change, you may cancel the Contract as described in sub-Clause 11.1.
5.5 We make all reasonable efforts to ensure that all prices shown on Our Platform are correct at the time of going online. Changes in price will not affect any Order that you have already placed (please note sub-Clause 5.9 regarding VAT, however).
5.6 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your order, We will simply charge you the lower amount and continue processing Order. If the correct price is higher, We will give you the option to purchase the Subscription at the correct price or to cancel your order (or the affected part of it). We will not proceed with processing your order in this case until you respond. If We do not receive a response from you within two weeks, We will treat your order as cancelled and notify you of this in writing.
5.7 If We discover an error in the price or description of your Subscription after your order is processed, We will inform you immediately and make all reasonable efforts to correct the error. You may, however, have the right to cancel the Contract if this happens. If We inform you of such an error and you do wish to cancel the Contract, please refer to sub-Clause 11.4.
5.8 If the price of a Subscription that you have ordered changes between your order being placed and Us processing that order and taking payment, you will be charged the price shown on Our Platform at the time of placing your order. Subsequent Subscriptions and renewals will be charged at the new price.
5.9 Prices on Our Platform are shown exclusive of VAT. If the VAT rate changes between your order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
6. Orders – How Contracts Are Formed
6.1 Our Payment Site will guide you through the process of purchasing a Subscription. Before completing your Order, you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your order carefully before submitting it.
6.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel your order and treat the Contract as being at an end. We will not be responsible for any delay in the availability of Our Services that results from you providing incorrect or incomplete information.
6.3 No part of Our Platform constitutes a contractual offer capable of acceptance. Your order to purchase a Subscription constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you a Subscription Confirmation by email. Only once We have sent you a Subscription Confirmation will there be a legally binding Contract between Us and you.
6.4 Subscription Confirmations shall contain the following information:
6.4.1 {Intentionally Empty};
6.4.2 Confirmation of the Subscription;
6.4.3 Fully itemised pricing for your Subscription including, where appropriate, taxes, and other additional charges; and
6.4.4 The duration of your Subscription;
6.5 In the unlikely event that We do not accept or cannot fulfil your order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you.
6.6 Any refunds due under this Clause 6 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which the event triggering the refund occurs.
6.7 Refunds under this Clause 6 will be made using the same payment method that you used when purchasing your Subscription.
6.8 If We, for any reason, do not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances. If We have taken payment, any such sums will be refunded to you as soon as possible
7. Payment
7.1 Payment for Subscriptions must always be made in advance, unless stated otherwise in your Order. Your chosen payment method will be charged when We process your order and send you a Subscription Confirmation and on each renewal date.
7.2 Payments due must be made in full, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
7.3 If you do not make any payment due to Us on time, We will suspend your access Our Services.
8. Adverts
8.1 You agree that you will be solely responsible for your Advert and its content. We accept no responsibility for the content of Adverts. Specifically, you agree, represent, and warrant that you have the right to submit the Advert, that all the information in the Advert is accurate and truthful, that all such information will be kept accurate and up-to-date, that no personal data will be included that you do not have the right to include, and that the Advert will comply with Our Acceptable Usage Policy, detailed below in Clause 9.
8.2 Hiring Organisations must comply and adhere to all applicable laws and guidance relating to the placing of recruitment advertisements and their communications and other dealings with Jobseekers who respond to such advertisements. These include, but are not limited to, the Equality Act 2010, the Code of Practice on Employment provided by the Equality and Human Rights Commission and the Data Protection Act 2018 and all other applicable regulation and legislation from time to time relating to the use of personal information.
8.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 8.1 and 8.2. You will be responsible for any loss or damage suffered by Us as a result of such a breach.
8.4 Hiring Organisations must not charge or accept at any time any fee or other payment from Jobseekers. This includes but is not limited to any investment fees, franchise fees, joining fees, setting up fees, training fees, application fees, administrative fees or one-off set-up fees regardless of whether or not such fees or payments are refundable.
8.5 You (or your licensors, as appropriate) retain ownership of the content of your Advert and all intellectual property rights subsisting therein. By submitting a Advert, you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence that Advert for the purposes of operating and promoting Our Platform.
8.6 Your Advert will be made available on Our Platform when we send you an Ad Confirmation and will continue to be available until the Contract is ended.
8.7 In some limited circumstances, We may need to suspend the availability of Adverts for reasons including, but not limited to, fixing technical problems on Our Platform. If your Advert is suspended for such reasons, We will inform you in advance of the suspension whenever possible, explaining why it is necessary. If the suspension lasts for more than two weeks, the availability of your Advert will be extended by a period equivalent to the length of the suspension. If the suspension lasts (or We tell you that it is going to last) for more than one month, you may end the Contract as described below in sub-Clause 12.2.
8.8 If you wish to remove your Advert from Our Platform, you may do so by emailing Jacqueline.james@bwam.network. Removing an Advert also revokes the licence granted to Us to use that Advert under sub-Clause 8.5. Please note, however, that caching or references to your Advert may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control). Removing an Advert before its expiry under this sub-Clause 8.8 will not entitle you to any refund, as per sub-Clause 11.1. For details of other cancellation rights, please refer to Clauses 11 and 12.
8.9 We are not responsible for the content or accuracy of, or for any opinions, views, or values expressed in Adverts. Any such opinions, views, or values are those of the relevant Advertiser, and do not reflect Our opinions, views, or values in any way. We have no control over, nor any involvement in, Adverts, and We accept no responsibility for any actions taken, or for any products or services provided by, any Hiring Organisation.
8.10 Hiring Organisations are solely responsible for ensuring the security and privacy of their account on the Platform including passwords, payment card information and any other information attached to that account. Users must keep personal information provided through the account up to date and accurate.
8.11 If We believe that account credentials have been compromised or shared outside the Hiring Organisation it may close the account. We may also close the account if it believes the account has been used for any purpose that violates these terms and conditions or is otherwise illegal or objectionable.
9. Acceptable Usage Policy
9.1 Adverts must be for genuine employment vacancies and not for other products or services, either relating to or unrelated to recruitment. We may remove from the Platform without warning or liability any Advert which does not comply or which, in Our sole opinion, contains content which is defamatory, offensive, fraudulent, otherwise unlawful or in Our sole view is liable to bring Us or the Platform into disrepute.
9.2 Adverts may not contain any requirement or qualification which appears to discriminate on grounds of sex, race, age or disability unless any such requirement or qualification is in compliance with an exemption available under the relevant legislation. If the We believe that an Advert contains an illegally discriminatory requirement or qualification We may remove it from the Platform without liability to the Hiring Organisation.
9.3 We do not guarantee any response to an Advert or that responses will be from individuals suitable for the job advertised.
9.4 It is the responsibility of the Hiring Organisation to carry out any checks and procedures necessary to ensure that Jobseekers are suitable for the job advertised and have the required qualifications. In particular it is for Hiring Organisations to take up references regarding an applicant for the position, to make any necessary arrangements for travel and/or accommodation and to satisfy themselves regarding:
9.4.1 confirmation of the identity of a Jobseeker and their right to work in the country where the position is to be filled;
9.4.2 that the Jobseeker has the experience, training, qualification and personal characteristics required to work in the position to be filled; and
9.4.3 any requirement imposed by law which must be satisfied by either the Jobseeker or the Hiring Organisation to permit the Jobseeker to fulfil the position to be filled.
9.5 When submitting an Advert, you must not submit or otherwise do anything that:
9.5.1 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
9.5.2 promotes violence;
9.5.3 promotes or assists in any form of unlawful activity;
9.5.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation, or age;
9.5.5 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
9.5.6 is calculated or is otherwise likely to deceive;
9.5.7 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
9.5.8 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 9);
9.5.9 implies any form of affiliation with Us where none exists;
9.5.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyrights, patents, trademarks, and database rights) of any other party; or
9.5.11 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
9.6 We reserve the right to suspend or terminate your Advert and your access to Our Platform if you materially breach the provisions of this Clause 9. No refunds will be given in the event of such suspension or termination. In addition, We may take one or more of the following actions:
9.6.1 issue you with a written warning;
9.6.2 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
9.6.3 take further legal action against you as appropriate;
9.6.4 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
9.6.5 any other actions which We deem reasonably appropriate (and lawful).
9.7 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Sale.
9.8 The following terms and conditions apply to Jobseekers when they access the Platform, and to Users of Career Development Services:
9.8.1 Users may access and download free- to- view content from the Platform, and any Materials, for the personal use of one individual only.
9.8.2 Users may not access or download paid-for content from the Platform or in Materials or attempt to do so without making the required payment to Us.
9.8.3 Users may not redistribute or share downloaded content from the Platform or in Materials without Our express written. The license granted to Users to download and view content from the Platform or in Materials is a limited license to download/ use such content onto one or more personal devices belonging to the User and to view such content on such a device or devices. This license does not include the right to create derivative work.
9.8.4 We will process personal information provided by Users or received by Us from third parties in relation to Users in accordance with its privacy statement.
10. Ending Your Subscription
10.1 You may cancel your Subscription at any time, however subject Clause 11 (outlining your rights to cancel arising due to something done by Us), We cannot offer any refunds and you will continue to have access to our Services for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), whereupon the Contract will end.
10.2 If you wish to exercise your right to cancel under this Clause 10, you may inform Us of your cancellation in any way you wish, however for your convenience We offer a cancellation form our Customer Portal https://billing.stripe.com/p/login/eVaeY59mL4UOcFOcMM. Cancellation by email or by post is effective from the date on which you send Us your message. If you would prefer to contact Us directly to cancel, please use the following details:
10.2.1 Telephone: +44(0)2036504202
10.2.2 Email: billing@bwam.network
10.2.3 Post: 71-75 Shelton Street, Covent Garden, WC2H 9JQ, London, United Kingdom
In each case, providing Us with your name, address, email address, telephone number, and Subscription ID.
10.3 Refunds under this Clause 10 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
10.4 Refunds under this Clause 10 will be made using the same payment method that you used when purchasing your Subscription.
11. Ending the Contract Because of Something We Have Done (or Will Do)
11.1 You may end the Contract at any time if We have informed you of a forthcoming change to your Subscription (as described in sub-Clauses 5.1 or 5.3), or to these Terms of Sale that you do not agree to. If the change is set to take effect or apply to you before the end of your current Subscription, We will issue you with a pro-rated refund equal to the remaining time left in that Subscription. If the change will not take effect or apply to you until the expiry of your current Subscription, the Contract will end at the end of that Subscription period and you will continue to have access to Our Services until that date.
11.2 If We have suspended availability of Our Services for more than 3 weeks, or We have informed you that We are going to suspend availability for more than 3 weeks, you may end the Contract immediately, as described in sub-Clause 8.3. If you end the Contract for this reason, We will issue you with a refund for the period Services have not been used.
11.3 If We inform you of an error in the price or description of your Subscription or Our Services and you wish to end the Contract as a result, you may end it immediately. If you end the Contract for this reason, We will issue you with a refund for the period of unused Services.
11.4 You also have a legal right to end the Contract at any time if We are in breach of it. You may also be entitled to a full or partial refund and compensation.
11.5 If you wish to exercise your right to cancel under this Clause 11, you may inform Us of your cancellation in any way you wish, however for your convenience We offer a cancellation form on Our Payment Site: https://billing.stripe.com/p/login/eVaeY59mL4UOcFOcMM. If you would prefer to contact Us directly to cancel, please use the following details:
11.5.1 Telephone: +44(0)2036504202;
11.5.2 Email: billing@bwam.network;
11.5.3 Post: 71-75 Shelton Street, Covent Garden, WC2H 9JQ, London, United Kingdom;
In each case, providing Us with your name, address, email address, telephone number, and Subscription ID.
11.6 Refunds under this Clause 11 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform Us that you wish to cancel.
11.7 Refunds under this Clause 11 will be made using the same payment method that you used when purchasing your Subscription.
12. Our Liability
12.1 Subject to sub-Clause 12.3, We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us.
12.2 Subject to sub-Clause 12.3, Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be the total sums paid by you under the contract in question.
12.3 Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.
13. Events Outside of Our Control (Force Majeure)
13.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual, or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
13.2.1 We will inform you as soon as is reasonably possible;
13.2.2 We will take all reasonable steps to minimise the delay;
13.2.3 To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
13.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability as necessary;
13.2.5 If an event outside of Our control occurs and you wish to cancel the Contract as a result, you may do so Our Platform as described in sub-Clause 12.3.
14. How We Use Your Personal Information (Data Protection)
14.1 All personal data that We may use will be collected, processed, and held in accordance with the provisions of the Data Protection Legislation and your rights thereunder. We will be able to see certain User personal data, such as the card used, billing address and last four numbers of the card, please refer our Privacy Policy for more details.
14.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy : https://bwam.network/privacy-policy
15. Other Important Terms
15.1 We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
15.2 You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.
15.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
15.4 If any of the provisions of these Terms of Sale are found to be unlawful, invalid, or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.
15.5 No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
15.6 We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Subscription, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them (also see sub-Clause 11.1 above).
16. Law and Jurisdiction
16.1 These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
16.2 Any disputes concerning these Terms of Sale, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
17. Attribution
These Terms of Sale have been created using a document template from www.simply-docs.co.uk.