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Terms and Conditions


This document sets out the terms and conditions (“terms”) on which Fowler Tull Ltd (company reg. no. 07902417) of 99 westmead road, sutton, surrey, sm1 4hx (“fowler tull”) provide you (“you” or “user”) with access to the website, and whichever is applicable, the classified services (“classified services”), the directory services (“directory services”), the employer services (“employer services”),  and the jobseeker services (“jobseeker services”), (collectively, the “services”) set out at www.fowlertull.com (“website”). please read these terms very carefully before using the website and the services. if you are using the services on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. the same rights, limitations and restrictions apply to your employer. you agree that these terms are enforcable as if they were a written negotiated agreement signed by your employer. you acknowledge and agree that by accessing the website you agree to be bound by these terms. if you do not accept these terms, you will not be able to use the website and the services. you are advised to print and retain a copy of these terms for your future reference.

SECTION A: GENERAL PROVISIONS APPLY TO ALL USERS OF THE WEBSITE AND SERVICES.

Section A provisions will apply to all Users.

THE FOLLOWING SECTIONS SHALL APPLY TO YOU ACCORDINGLY IN ADDITION TO THE PROVISIONS OF SECTION A.

SECTION B: FOWLER TULL CLASSIFIEDS

Section B provisions will apply to all Users who create classified adverts on the Website.

SECTION C: DIRECTORY SERVICES

Section C provisions will apply to Users who add a directory to the Website.

SECTION D: EMPLOYER TERMS AND CONDITIONS

Section D provisions will apply to Users who advertise job vacancies on the Website.

SECTION E: JOBSEEKER SERVICES

Section E provisions will apply to Users who select the Jobseeker Profile set out on the Website.

 

SECTION A: GENERAL PROVISIONS

A.1       DEFINITIONS

1.1.       The following terms shall have the following meaning under this Section A.

“Charges” means the charges payable to Fowler Tull as set out on the Website from time to time

“Confirmation Email” means an email from Fowler Tullaccepting and confirming your registration as a User;

“Contract” means the contract between Fowler Tull and you for the provision of the Services which constitutes the entire agreement between you and us;

“Login Details” means any email address and password issued or accepted by Fowler Tull from time to time which enables a User to have access to certain elements of the Website;

“Profile” means information, including without limitation, the name, address and company details (if applicable) relating to the User (which may or may not be fully accessible by other Users) held by Fowler Tull and published on the Website;

“User Submissions “means any information submitted to Fowler Tull by a User via the Website.

 

A.2 THE WEBSITE

2.1.       The Website is owned and managed by Fowler Tull Ltd, a company registered in England and Wales with Company Registration Number 07902417 and having its address at 99 Westmead Road, Sutton, Surrey, SM1 4HX, United Kingdom.

 

A.3       REGISTRATION

3.1.       By using the Website (either as a consumer or by registering for access to the Services), you warrant that:

(i)         you are legally capable of entering into binding contracts;

(ii)        that the information provided by you to us is at all times, true, accurate and complete and that you shall promptly notify us in the event of any change to such information; and

(iii)       if an individual, you are at least 18 years old. If you are under the age of 18, you should ask a parent or guardian over the age of 18 to enter into these Terms on your behalf. As a parent or guardian of someone under the age of 18, you are responsible for ensuring that person's use of the Website and/or Services is in accordance with these Terms.

3.2.       In order to access the Services on the Website, you shall first be required to register with Fowler Tull as a User by completing the online registration form on the Website.

3.3.       Fowler Tull shall send you a Confirmation Email once it has accepted and confirmed your registration as a User. We have no obligation to accept your application to register.  Your Contract to use the Services commences on the date of the Confirmation Email.

3.4.       By registering for Services on the Website you warrant that you shall keep your Login Details confidential and secure.

3.5.       Fowler Tull reserves the right to conduct verification and security procedures in respect of all information provided by you to Fowler Tull. If Fowler Tull has reason to believe that the information provided by you to register and use any of the Services breaches or is likely to breach any of the provision of these Terms, Fowler Tull at its sole discretion may take any action that it deems appropriate including without limitation, to terminate your Contract.

 

A.4       CHARGES AND PAYMENT

4.1.       You may use the Services by paying the Charges as further defined in each applicable section on the Website from time to time  using any of the accepted methods of payment.

4.2.       All Charges shall be paid in advance and are non-refundable for any reason whatsoever.

 

A.5       YOUR OBLIGATIONS

5.1.       You shall at all times use the Website and/or the Services in accordance with these Terms.

5.2.       You shall keep your Login Details safe and secure to ensure that they are not used without your permission. You must immediately notify Fowler Tull if you have reason to believe that there has been unauthorised use or access to your Login Details and/or your Profile on the Website.

5.3.       You shall be solely responsible and liable for any breaches of these Terms arising out of or resulting from use of your Login Details to access the Services and/or the Website, whether such use is authorised by you or not.

5.4.       You shall procure that your use of the Website and/or the Services, including any User Submissions:

5.4.1.          complies with all applicable laws and legislations;

5.4.2.          do not infringe any intellectual property rights or other proprietary rights of any third party;

5.4.3.          are not reasonably deemed to be offensive, illegal, inappropriate or in any way:

(i)         promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

(ii)        harass or advocate harassment of another person;

(iii)       display pornographic or sexually explicit material;

(iv)       promote any conduct that is abusive, threatening, obscene, defamatory or libellous;

(v)        promote any illegal activities;

(vi)       provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;

(vii)      promote or contain information that you know or believe to be inaccurate, false or misleading;

(viii)     engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;

(ix)       exploit people in a sexual or violent manner;

(x)        invade or violate any third party's right to privacy; and

(xi)       transmit "junk mail", or "chain letters", or unsolicited mass mailing, messaging or "spamming".

 

5.5.       Fowler Tull does not vet or verify the accuracy, correctness and completeness, of any User Submissions or any other information, data and materials created, used and/or published by you on the Website to determine whether they may result in any liability to any third party. You hereby warrant that you have the right to use all such information and material.

5.6.       Fowler Tull may at its sole discretion determine whether to publish, reject, edit or remove any User Submission uploaded onto the Website.

5.7.       Whilst Fowler Tull aims to publish all User Submissions on the Website, Fowler Tull reserves the right to refuse or remove any such publication whether wholly or partly if Fowler Tull has reason to believe that your use of the Services and/or the Website breaches these Terms.

5.8.       You hereby grant Fowler Tull a non-exclusive, perpetual, irrevocable, worldwide licence to make User Submissions available on the Website.

5.9.       You shall not:

5.9.1.          at any time use the Website and/or Services the with the purpose of impersonating another User or person;

5.9.2.          use the information made available to you through your use of the Services and/or the Website for any purpose other than for the purposes of procuring benefit out of the Services and/or the Website; and

5.9.3.          do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any persons using the Services and/or the Website.

5.10.     You shall comply with all instructions which Fowler Tull provides to you from time to time in respect of the Services and Website.

5.11.     Fowler Tull may from time to time carry out security checks or requests for information from you in order to provide you with the Services and use of the Website. You agree that you shall co-operate with any such security and request for information exercises undertaken by Fowler Tull.

5.12.     Fowler Tull takes breaches of this clause 5 very seriously and therefore reserves the right to take any action that Fowler Tull deems necessary. This can include, without limitation, suspension or termination of your use of the Services and/or access to the Website and removal of User Submissions. In certain circumstances Fowler Tull may choose to instigate legal proceedings as appropriate if there is illegal use of the Services and/or Website. You shall promptly notify Fowler Tull if you are aware of any suspected breaches of this clause 5 by other Users.

 

A.6         TERMINATION AND SUSPENSION

6.1.       You may terminate your Contract by ceasing all use of the Services and the Website and deleting your Profile. You may delete your Profile and terminate your Contract with Fowler Tull by using the contact details set out on the Website.

6.2.       In addition to any Fowler Tull rights of termination outlined in Section B, C, D or E, Fowler Tull shall be entitled to suspend and/or terminate your Contract or any of the Services:

6.2.1.          if Fowler Tull’s network providers and suppliers cease providing Fowler Tull with their services;

6.2.2.          if Fowler Tull has reason to believe that you have breached any of the provisions under these Terms;

6.2.3.          if Fowler Tull has reason to believe that you fail to comply with the applicable laws and legislations;

6.2.4.          if Fowler Tull has reason to believe that your Login Details and/or Profile may have been hacked by a third party and used without your authorisation, in which case Fowler Tull shall assign you with your new Login Details;

6.2.5.          if Fowler Tull has reason to believe that there has been fraudulent use, misuse or abuse of the Website (in whole or in part); or

6.2.6.          in situations where Fowler Tull has reason to believe that you have provided Fowler Tull with false, inaccurate or misleading information when you registered to use the Services and the Website.

6.3.       Upon termination of your Contract you are no longer a User of the Services and the Website and therefore shall have no access to them. Fowler Tull shall remove all information available on your Profile including without limitation User Submissions to the extent that Fowler Tull is not bound by an existing law and legislation to retain such information.

6.4.       In the event that Fowler Tull, in its sole discretion, considers that you are making any illegal and/or unauthorised use of the Website, and/or your use of the Website is in breach of these Terms, Fowler Tull reserves the right to take any action that it deems necessary, including terminating without notice your use of the Website and, in the case of illegal use, instigating legal proceedings.

6.5.       Clauses A.4, A.5, A.7, A.8, A.12, A.13, B.4, B2.2, C.3, C.5. D.4, D.6, D.6, E.3 and E.4 and all clauses required for their interpretation shall survive termination of these Terms for any reason, and shall be valid and enforceable.

 

A.7       WARRANTIES AND LIABILITIES

7.1.       You hereby warrant that (a) you have the right and capacity to enter into and be bound by these Terms; and (b) you shall comply with all applicable laws regarding your use of the Services and the Website.

7.2.       Fowler Tull relies on other service providers (such as network provider, data centres, telecommunication providers) to make the Services and the Website available to you. Whilst Fowler Tull takes all reasonable steps available to it to provide you with a good level of service, Fowler Tull does not guarantee that such service shall be fault free or uninterrupted at all times. Fowler Tull therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and Website as a result of Fowler Tull’s service providers.

7.3.        Fowler Tull does not have any control in respect of the content uploaded on the Website (including User Submissions) to determine whether they may result in any liability either to you or to any third party. Consequently, all information and content available on the Website is provided to you "as is" and you agree that any use made by you of such content shall be strictly at your own risk. We recommend that you do not rely on such information in making or refraining from making a decision or to embark on a specific course of action.

7.4.       Where the Website includes views, opinions, advice and recommendations, these views, opinions, advice and recommendations are not endorsed by Fowler Tull and, to the maximum extent permitted by law, Fowler Tull shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of such views, opinions, advice and recommendations.

7.5.       Fowler Tull does not in any way participate in nor shall it be liable in any way for whatsoever reason for any communication, transaction, meet-ups, set-ups or any relationship between you and other Users. Fowler Tull therefore recommends that you take all safety precautions when contacting, socialising, and engaging in any business transactions or business or social gatherings and meetings with other Users.

7.6.       Fowler Tull may display links to third party websites and third party advertising banners on the Website. However, Fowler Tull shall not be responsible and does not accept any liability for the content and your use of such third party links and advertising banners.

7.7.       Both parties accept that the limitations and exclusions set out in these Terms are reasonable having regard to all the circumstances.

 

7.8.       Our liability if you are a business

7.8.1.          Nothing in these Terms limits or excludes our liability for:

(a)        death or personal injury caused by our negligence;

(b)        fraud or fraudulent misrepresentation;

(c)        breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and  quiet possession); or

(d)        defective products under the Consumer Protection Act 1987.

 

7.8.2.          Subject to Clause 7.8.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

(a)        any loss of profits, sales, business, or revenue;

(b)        loss or corruption of data, information or software;

(c)        loss of business opportunity;

(d)        loss of anticipated savings;

(e)        loss of goodwill; or

(f)         any indirect or consequential loss.

7.8.3.          Subject to Clause 7.8.1 our total aggregate liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the greater of (i) the Charges payable for the Services or (ii) five hundred pounds sterling (£500).

7.8.4.          Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

7.9.       Our liability if you are a consumer

7.9.1.          Subject to clause 7.9.2, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

7.9.2.          In the event you suffer loss or damage that is a foreseeable result of our breach of these Terms or our negligence, the amount you may claim against us shall be limited in the aggregate to five hundred pounds sterling (£500).

7.9.3.          We only supply the Services or Website for domestic and private use. You agree not to use the Services or Website for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

7.9.4.          We do not in any way exclude or limit our liability for:

(a)        death or personal injury caused by our negligence;

(b)        fraud or fraudulent misrepresentation;

(c)        any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and  quiet possession);

(d)        any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and  samples); and 

(e)        defective products under the Consumer Protection Act 1987.

 

A.8       INTELLECTUAL PROPERTY RIGHTS

 

8.1.       Fowler Tull and its licensors own all rights in the intellectual property rights relating to the Services and the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

8.2.       You may print off one copy and you may download extracts of any pages from the Website solely for your personal use; and you may draw the attention of other Users to User Submissions or materials posted on the Website.

8.3.       Fowler Tull’s status (and that of any identified contributors including other Users) as the author of the materials on the Website must always be acknowledged. You must not use any part of the submissions of other Users and all materials on the Website for commercial purposes.

8.4.       You are expressly prohibited from:

(a)        reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of Fowler Tull’s registered or unregistered logo, trademarks, trade names, and features and functionalities or any part of the Website, other than as is reasonably required to use the Website for the Purpose; and

(b)        removing, modifying, altering or using any registered or unregistered logos, trademarks, trade names and/or designs owned by Fowler Tull and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of Fowler Tull or could be considered an infringement any of the intellectual property rights owned  by and/or licensed to Fowler Tull

without first obtaining the written permission of Fowler Tull.

 

A.9       NOTICES

9.1.       All notices given by you to us must be given to Fowler Tull Limited using the contact details set out on the Website. We shall give notice to you by using the e-mail or postal address you provided on registration, or such other e-mail or postal address as you notify to us in writing from time to time.  Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

 

A.10     COMPLAINTS

10.1.     If you wish to lodge a complaint about another User for breaching any of  these Terms or any other aspect of the Website, you may do so by sending Fowler Tull details of your complaint by using the "Contact " form available on the Website. Fowler Tull will use its reasonable endeavours to respond to your complaints within a reasonable time and to take reasonable action which it deems appropriate to resolve or rectify the subject matter of such complaints.

 

A.11     DATA PROTECTION AND PRIVACY POLICY

11.1.     Fowler Tull is the data controller of your personal data submitted using the Website. Fowler Tull is registered under the Data Protection Act 1998 (DPA) and complies with the DPA in all its dealings with your personal data.

11.2.     Fowler Tull reserves the right to gather information relating to use of the Website.  By using the Website you consent to collection and use of this information by Fowler Tull.

11.3.     Fowler Tull processes your personal data (as such term is defined in the Data Protection Act 1998) in accordance with its standard Privacy Policy which is accessible on the Website.

 

A.12     FORCE MAJEURE

12.1.     We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations under these Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control, including but not limited to any of the following:

(a)        Acts of God, flood, earthquake, windstorm or other natural disaster;

(b)        epidemic or pandemic;

(c)        war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;

(d)        terrorist attack, civil war, civil commotion or riots;

(e)        nuclear, chemical or biological contamination or sonic boom;

(f)         any law or government order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent;

(g)        fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, the party seeking to rely on this clause or companies in the same group as such party) or adverse weather conditions;

(h)        interruption or failure of utility service, including but not limited to electric power, gas or water;

(i)         any labour dispute, including but not limited to strikes, industrial action or lockouts;

(j)         non-performance by suppliers or; and

(k)        collapse of building structures, failure of plant machinery, machinery, computers or vehicles.

 

A.13     GENERAL

13.1.     These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede any previous arrangement, understanding or terms between you and us relating to the subject matter of these Terms.  Each party acknowledges that, in entering into these Terms, (and the documents referred to in it), neither of them has relied on any means any statement, representation, assurance or warranty made by any party (“Representation”) of any person (whether a party to these Terms or not) other than as expressly set out in these Terms.

13.2.     Each party agrees that the only rights and remedies available arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.

13.3.     We may alter or amend our Terms by giving you reasonable notice. By continuing to Use the Website after expiry of the notice period, or accepting the amended Terms by ticking the relevant box (as we may decide at our sole discretion), you will be deemed to have accepted any amendment to these Terms. If, on receipt of such notice, you wish to terminate your Contract you may do so by giving us not less than 7 (seven) day's written notice, (which may be by e-mail), such termination to take effect on the date upon which the amended Terms would otherwise have come into effect. We also reserve the right to impose charges in respect of the Services and Website. The amount of such charges and the payment terms shall be as detailed on the Website or in these Terms from time to time. We reserve the right to terminate your Contract in the event you fail to pay any such charges.

13.4.     All notices and communication to Fowler Tull should be sent to the contact details made available to you on the Website.

13.5.     If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms shall be valid and enforceable to the extent permitted by applicable law.  In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.

13.6.     Fowler Tull reserves the right to make any changes to the Website, including to modify the Services, or to discontinue any aspect or feature of the Website without notice.

13.7.     We reserve the right to make changes to the Services and the Website or part thereof, from time to time at our sole discretion, and we may from time to time update, add, remove, modify and/or vary any elements of features and functionalities of the Service. We also reserve the right to impose charges in respect of certain features and functionality of the Service and Website. The amount of such charges and the payment terms shall be as detailed on the Website or in these Terms from time to time.

13.8.     Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Fowler Tull and such third parties shall not be entitled to enforce any term of these Terms against Fowler Tull.

13.9.     If we fail at any time to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.  A waiver by us of any default shall not constitute a waiver of any subsequent default.  No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

13.10.   We reserve the right to use third party suppliers or sub-contractors at any time and in any way in respect of the performance of our obligations under these Terms

13.11.   These Terms shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the courts of England. If you live outside the UK, English law shall apply only to the extent that it does not deprive you of any legal protection accorded under the law of the place where you are habitually resident. If English law deprives you of any legal protection which is accorded to you under your local law, these terms will be governed by your local law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

13.12.   You shall comply with all foreign and local laws and regulations which apply to your use of the Website in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.

 

SECTION B: FOWLER TULL CLASSIFIEDS

If you wish to use the Fowler Tull Classifieds you may do so in accordance with the terms of this Section B.

B.1       DEFINITIONS

1.1.       The following terms shall have the following meaning under this Section B.

“Buyer” you are a Buyer if you purchase Product(s) advertised on the Fowler Tull Classifieds;

Fowler Tull Classifieds Charges” means the charges payable to Fowler Tull as set out on the Website from time to time;

“Products” means the items made available for sale by the Seller;

“Product Information” full details of your Products which shall include but is not limited to a photograph and written description of each Product including its price;

“Seller”you are a Seller if we accept your registration as a Seller;

“Seller Terms” means terms and conditions for the sale of your Products, your returns policy and your delivery policy in respect of the Products.

 

B.2       INFORMATION ABOUT FOWLER TULL CLASSIFIEDS

2.1.       Fowler Tull operates and maintains the Fowler Tull Classifieds.  Fowler Tull does not itself sell or provide the products or services and the contract for the sale of such products and services is concluded directly between the Seller and the Buyer.  Fowler Tull is not the agent, joint venture or partner of either the Seller or the Buyer.

 

B.3       USE OF THE FOWLER TULL CLASSIFIEDS

3.1.       You are solely responsible and liable for your use of the Fowler Tull Classifieds and that it is your sole responsibility to enforce any obligation owed to you by a third party that arises from your use of the Fowler Tull Classifieds.  In the event that you have a dispute with any other User of the Fowler Tull Classifieds, you hereby release us from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.

3.2.       We may monitor your use of the Fowler Tull Classifieds from time to time. You hereby consent to us monitoring your use of the Fowler Tull Classifieds.

 

B.4       CHARGES AND PAYMENT

4.1.       You may use the Fowler Tull Classifieds by paying the Fowler Tull Classifieds Charges using any of the accepted methods of payment, details of which are set out on the Website.

4.2.       All Charges shall be paid in advance and are non-refundable for any reason whatsoever.

BUYERS

This Section B.5 shall apply to you if you are a Buyer.

 

B.5       CONTRACT FOR PURCHASE OF PRODUCTS

 

5.1.       Before purchasing any Products that are advertised on the Fowler Tull Classifieds you must read and agree to the Seller’s terms and conditions, including the Seller’s refund and delivery policies, as provided via the Fowler Tull Classifieds.

5.2.       The contract for the sale of any Products purchased by you is created between you and the relevant Seller and not between you and us.

SELLERS

Sections B.6 to B.10 inclusive shall apply to you if you are a Seller.  

 

B.6       PROMOTING AND SELLING PRODUCTS

6.1.       You shall procure, at all times, the accuracy and completeness of all Product Information and your Seller Terms, which shall comply in all respects with all relevant consumer laws.

6.2.       You shall not offer for sale through the Fowler Tull Classifieds any Product that is or that contains:

(a)        offensive or obscene material (or anything that may reasonably be considered to be the same);

(b)        firearms, ammunition or any offensive weapon;

(c)        stolen goods;

(d)        any material that infringes the rights of third parties, including any intellectual property right;

(e)        prescription, controlled and/or illegal drugs;

(f)         poisons and dangerous substances;

(g)        any item where a licence is required to sell, distribute or offer for sale such item, unless you have provided a certified copy of the relevant valid licence to us;

(h)        any item, the sale of which is subject to export restrictions;

(i)         any item whose sale, distribution or offering for sale is prohibited by any applicable law.

 

6.3.        All Product Information uploaded onto the Fowler Tull Classifieds by you shall be in the format required by us and shall relate strictly and solely to the Product(s) you wish to advertise, which shall all be products connected with farming and similar activities. We reserve the right to edit and/or remove any Product Information at any time and for any reason, including where we reasonably believe that the Product Information is inaccurate or incomplete, does not meet with its formatting requirements and/or does not relate to farming or any similar activity.

6.4.       The Product Information will be made available on the Website for a period of 28 days after the Product Information has been uploaded onto the Fowler Tull Classifieds by you. After this period, the Product Information will be removed from the Website by Us

6.5.       You acknowledge and agree that once you have accepted an offer from a Buyer to purchase a Product, this will constitute a binding contract between you and the Buyer on your Seller Terms and that you shall comply with your Seller Terms in respect of such order.

 

B.7       YOUR OBLIGATIONS AS A SELLER

7.1.       You shall comply with all policies and guidelines of Fowler Tull, published on the Website from time to time.

7.2.       You shall not conduct any direct marketing using personal information (which, for the avoidance of doubt, shall include all email addresses) that came into your possession through your use of and activities on the Fowler Tull Classifieds, nor will you disclose such personal information to any third party without our express written consent.  Furthermore you shall not include in the Product Information or any other communication with any Buyers any link to any url located outside the Fowler Tull Classifieds, nor any advertising for any product or service other than you Products

7.3.       You hereby indemnify and shall keep indemnified Fowler Tull in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses incurred or suffered by Fowler Tull arising as a result of any claim or action brought by the Buyer in connection with the Product, the Product Information, infringement of Intellectual Property Rights or any right of a third party

7.4.       You hereby indemnify and shall keep indemnified Fowler Tull in full and on demand against all costs (including reasonable legal costs), claims, damages, losses and expenses incurred or suffered by Fowler Tull arising out of or in connection with any claim or action by a third party for infringement of intellectual property rights.  

 

B.8       PREMIUM CLASSIFIED SERVICES

8.1.       You may use the Premium Classified Services by paying the Premium Classified Service Charges using any of the accepted method of payment, details of which are set out on the Website.

8.2.       All Premium Classified Service Charges shall be paid in advance and are non-refundable for any reason whatsoever.

 

B.9       ADDITIONAL WARRANTIES

9.1.       You hereby warrant, represent and guarantee that you have the right to promote, sell and distribute your Product(s).

9.2.       You warrant, represent and guarantee that you shall comply with all applicable legislation in respect of the Product Information and that the Product Information shall not infringe any intellectual property rights, or any other rights of any third party.

 

B.10     TERMINATION

10.1.     You may terminate your use of the Fowler Tull Classifieds without cause on the provision of not less than 30 days written notice us.  In such event:

(a)        you shall fulfil all orders placed with you through the Fowler Tull Classifieds on or before the date of termination

(b)        you shall cease all use of the Fowler Tull Classifieds on or before the date of termination;

(c)        all rights granted to you hereunder shall cease on the date of termination; and

(d)        we shall delete your content and Products from the Fowler Tull Classifieds on the date of termination or when reasonably practicable thereafter.

 

10.2.     Termination of this Section B shall not affect the rights of either party accruing or accrued prior to termination.

SECTION C: DIRECTORY SERVICES

If you wish to use the Fowler Tull Directory Services you may do so in accordance with the terms of this Section C.

C.1       DEFINITIONS

1.1.       The following terms shall have the following meaning under this Section C.

 

“Directory” means the database of Listings appearing on the Website;

“Directory Service Charges” means the charges payable to Fowler Tull as set out on the Website from time to time;

“Feedback” means any feedback received from a User in respect of any Listing;

“Listing” means details relating to a User’s business submitted via the Website for inclusion in the Directory;

“Submission” means any information submitted to Fowler Tull by a User via the Website, including, but not limited to, Listings, Feedback, and User details;

“User” means any person who uses the Website.

 

C.2       DIRECTORY SERVICES

2.1.       In consideration for you providing Fowler Tull with payment of the Directory Service Charges, Fowler Tull shall provide you with, subject to the other provisions of these Terms, your own Listing to appear in the Directory.

2.2.       You acknowledge that the inclusion of your Listing on the Directory does not guarantee any particular result or outcome.

2.3.       You may delete any or all of your Listings from the Directory at any time via the Website.

 

C.3         DIRECTORY SERVICE CHARGES

3.1.       You may use the Directory Services by paying the Directory Service Charges using any of the accepted method of payment, details of which are set out on the Website.

3.2.       All Directory Service Charges shall be paid in advance and are non-refundable for any reason whatsoever.

 

C.4       TERM AND TERMINATION

4.1.       These Terms shall remain in full force and effect while you are a User of the Directory Services, are using any information obtained from your use of the Directory Services, while any of your Advertisements remain on the Directory.

4.2.       In the event of termination of your Contract for any reason, you must not attempt to use the Directory Services and your Listing shall be removed from the Directory.

4.3.       In the event that you receive more than 3 instances of negative Feedback, Fowler Tull shall have the right, at its own discretion, to terminate your use of the Directory Services or your Contract, without notice to you.

 

C.5       WARRANTIES AND LIABILITIES

5.1.       Fowler Tull cannot guarantee and does not promise any specific results from use of the Website. 

5.2.       You agree to indemnify Fowler Tull against all liabilities, losses, damages, costs or expenses that it suffers as result of displaying your Submission or Submissions on the Website, use of an Advertisement by a Publisher or your failure, or the failure of any other person using your Login Details, to comply with any of these Terms.

5.3.       Whilst Fowler Tull has terms in place imposing restrictions and obligations on Publishers, Fowler Tull will not be liable for any Publisher’s failure to comply with such terms.

 

C.6         INTELLECTUAL PROPERTY RIGHTS

 

6.1.       You warrant that you own or have the right or licence to use the intellectual property rights in the Listing, including but not limited to trademarks, service marks, trade names, logos or other words or symbols used in the Listing and all information and materials provided by you to Fowler Tull.

6.2.       You hereby grant Fowler Tull, a perpetual, sub-licensable, worldwide, royalty-free licence to publish and make available on the Website all information and material provided by you to Fowler Tull in respect of the Directory Service.

6.3.       You hereby indemnify and shall keep indemnifiedFowler Tull against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of all information and material provided by you to Fowler Tull.

 

SECTION D: EMPLOYER TERMS AND CONDITIONS

If you are an Employer and wish to use the Employer Services, you may do so in accordance with the terms of this Section D.

D.1       DEFINITIONS

 

1.1.       The following terms shall have the following meaning under this Section D.

"Employer Service Charges" means the charges for placing a Vacancy on the Website; 

"Employer Information" means information about the Employer; 

"Employer Service" means the services provided by Fowler Tull to you using the Website as set out in clause 3.2; 

"Jobseeker" means a User who is looking for employment using the Website; 

"Job Specification" means the job specification for each Vacancy; 

"Jobseeker Profile" means the User's profile containing the User's personal information including but not limited to academic background, work experiences and employment history;

"Terms" means these Employer Terms and Conditions;

"Vacancy" means each role or position within an organisation comprising the Job Specification, advertised using the Employer Service and only for the purpose of recruitment of a Jobseeker and "Vacancies" shall be construed accordingly.

 

D.2       YOUR CONTRACT WITH FOWLER TULL

2.1.       In order to use the features and functionalities in the Employer Service, you must be registered as a User of the Website. Your use of the Employer Service shall cease on termination of your Contract.

2.2.       To use the Employer Service, you shall be required to complete the application form on the Website and submit the Employer Information. Fowler Tull reserves the right to refuse your application for registration in the event that you fail, in Fowler Tull’s opinion, to provide sufficient Employer Information

2.3.       Your Contract with Fowler Tull will terminate if it has reason to believe you are in the business of promoting the Employer Service for resale or are otherwise engaged in other similar activities.

2.4.       On termination of your Contract, you shall no longer be able to use the Employer Service and Fowler Tull may remove all Employer Information, any Vacancies and Job Specifications held by Fowler Tull to the extent that Fowler Tull is not bound by any existing law and legislation to retain such information.

 

D.3       THE EMPLOYER SERVICES

3.1.       Fowler Tull shall provide you with the Employer Service in consideration for the payment of the Employer Service Charges.

3.2.       The Employer Service shall comprise of the following:

3.2.1.    facility to upload and remove Vacancies to/from the Website and include a Job Specification for each Vacancy. The Employer Services also allow you to make changes to a Job Specification provided always such changes relate to the role or position described in the Vacancy when it was first uploaded to the Website. For the avoidance of doubt, where Fowler Tull reasonably suspects that the changes made to a Job Specification in relation to an uploaded Vacancy relate to a new role or position, Fowler Tull reserves the right to remove such Vacancy without notice to you;

3.2.2.    access to the Jobseeker's Profiles who have applied for the Vacancies posted by you;

3.2.3.    functionalities to manage the recruitment process of a Jobseeker;

3.2.4.    provision of the Jobseeker's information of Users who have applied for the Vacancies posted by you using the Employer Service as set out in clause 3.3 below; and

3.2.5.    access to and use of any other features and functionalities of the Employer Service provided by Fowler Tull to you from time to time.

3.3.       Fowler Tull shall use its reasonable endeavours to provide the Jobseeker's information of Users who have applied for the Vacancies posted by you to you using the Employer Service. The Jobseeker's information which shall be forwarded to you is set out below:

3.3.1.    identity of the Jobseeker;

3.3.2.    the Jobseeker's qualifications, skills, training and experience.

3.4.       The Vacancy will be made available on the Website for a period of 28 days after the Vacancy has been uploaded onto the Website by you. After this period, the Vacancy will be removed from the Website by Us.

3.5.       Fowler Tull may at its sole discretion determine whether to publish, reject, edit or remove any of the Vacancies uploaded onto the Website using the Employer Service. Where Fowler Tull chooses not to publish, or rejects, edits or removes, a Vacancy in the event that you have or Fowler Tull has reason to believe that you have failed to comply with the Terms herein, it shall not be required to refund the Employer Service Charges (wholly or partly) to you.

3.6.       In the event of a planned service downtime in respect of the Employer Service or the Website, Fowler Tull shall use its reasonable endeavours to notify you in advance provided that Fowler Tull is able to do so. Fowler Tull shall have no obligation to notify you in the event of an unplanned service downtime.

3.7.       Fowler Tull may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Employer Service upon notice to you through email.

3.8.       On expiry or removal (whether by you or Fowler Tull in accordance with these Terms) of any Vacancies uploaded onto the Website, Fowler Tull reserves the right to delete and/or destroy all information retained by Fowler Tull relating to the Vacancy, the Job Specification and any Jobseeker that has responded to the Vacancy.

 

D.4       YOUR OBLIGATIONS AS AN EMPLOYER

4.1.       You shall at all times use the Employer Service and the Website in accordance with these Terms.

4.2.       You shall procure that the Job Specification contains the information set out below

4.2.1.    the identity of the party recruiting for the Vacancy;

4.2.2.    the likely start date for the Vacancy

4.2.3.    a description of the role including without limitation the nature of the work and duties and any deadline for submission of an application;

4.2.4.    a list of experience, training, qualifications and any authorisation required by the Jobseeker in respect of the Vacancy;

4.2.5.    any health and safety risks known to you and the steps which you and the steps which you have taken to either prevent or control such risks;

4.2.6.    the rate of pay and benefits package payable to the Jobseeker;

4.2.7.    any processing fee or other charge which will be payable by the Jobseeker; and

4.2.8.    any premium rate telephone numbers a Jobseeker is required to call in respect of the Vacancy, together with details of all costs associated with the Jobseeker calling such premium rate numbers,and you shall further ensure that the Job Specification does not include:

4.2.9.    any URL or link to your, or any other, website; or

4.2.10.  any e-mail or other contact details whatsoever,and Fowler Tull reserves the right to remove from the Website any Vacancy that (i) fails to include such information referred to in clauses 4.2.1 – 4.2.8 above or (ii) includes such information referred to in clauses 4.2.9 and 4.2.10, in each case without notice to you. Re-posting of the removed Vacancy onto the Website shall be at Fowler Tull’s sole discretion.   

4.3.       You warrant and represent that the information provided by you pursuant to clause 4.2 and in respect of the Employer Information shall be correct, complete, accurate and up to date. In the event the information in the Job Specification or the Employer Information is incorrect, incomplete, inaccurate or out of date, then you must immediately take all necessary steps to rectify such information in order to comply with this clause 4.3.

4.4.       Once a Jobseeker responds to you using the Website, you may conduct all your communications with the Jobseeker either using the Employer Service or offline provided that you shall promptly notify each Jobseeker of the status of his or her application for the relevant Vacancies for which he or she has applied, using the Employer Service.

4.5.       You shall at all times:

4.5.1.    use the Employer Service and the Website in accordance with the applicable law and legislation and in particular, data protection, employment and discrimination legislations;

4.5.2.    procure that the Job Specification and your recruitment process does not in any way discriminate on grounds, including but not limited to, sex, gender, race, class, age or disability; and

4.5.3.    refrain from doing an act which may influence the position of the results listing of your Vacancy including without limitation, the inclusion of certain keywords in the Job Specification or any keyword field. 

4.6.       You shall promptly notify the Jobseeker or include in the Job Specification any professional body requirements which either you or a Jobseeker applying to a specific Vacancy is required to satisfy. 

4.7.       You are solely responsible for the use of the Employer Service and the management of the recruitment process for each Vacancy advertised by you.

4.8.       You are also responsible for:

4.8.1.    ascertaining the identity of the Jobseeker(s);

4.8.2.    verifying the Jobseeker's qualifications, skills, training and experience;

4.8.3.    ensuring that the Jobseeker has the right and permission to work in relevant country specified in the Vacancy; and

4.8.4.    procuring from the Jobseeker(s) all information reasonably required by you to determine the Jobseeker's suitability to the Vacancy, 

prior to offering the Vacancy to the Jobseeker.

4.9.       Fowler Tull does not vet, verify the accuracy, completeness and correctness of any of the Employer Information, Job Specification or any other information, data and materials created, used and/or published by you on the Website in respect of the Employer Service to determine whether they may result in any liability to any third party. You hereby warrant that you have the right to use all such information and material via the Employer Service.

4.10.     You further acknowledge that Fowler Tull does not control and therefore has no liability whatsoever in respect of the behaviour, response and quality of the Jobseekers for the Vacancies advertised on the Website.

4.11.     You acknowledge and agree that Jobseekers and Fowler Tull may need from time to time amend or remove Jobseeker information from the Website, including information displayed in Jobseeker Profiles on the Website. You acknowledge and agree that Fowler Tull has no liability whatsoever in respect of the quality, completeness or availability of Jobseeker information made available on the Website.

4.12.     You shall at all times keep all information including without limitation, the Jobseekers' Profiles, communication and correspondences between you and the Jobseekers, and all information relating to the Jobseekers, including without limitation data and the recruitment process secure and confidential.

4.13.     Your Contract shall be personal to you or your organisation and you have no right whatsoever to resell the Employer Service to any third party for any reason.

4.14.     You hereby indemnify and shall keep indemnified Fowler Tull against all losses, liabilities, costs and expenses (including but not limited to legal costs) incurred or suffered by Fowler Tull arising out of or in connection with any breach by you of any of the provision under this clause 4.

 

D.5       EMPLOYER SERVICE CHARGES

5.1.       You may use the Employer Services by paying the Employer Service Charges using any of the accepted method of payment, details of which are set out on the Website.

5.2.       All Employer Service Charges shall be paid in advance and are non-refundable for any reason whatsoever. 

 

D.6       WARRANTIES AND LIMITATION OF LIABILITIES

6.1.       You acknowledge and agree that Fowler Tull only provides you with the facility to manage your recruitment process by providing you with the Employer Services. Fowler Tull does not warrant, represent or guarantee the quality and suitability of the Jobseekers, or that you will be able to fill the Vacancy using the Employer Service and/or the Website.

6.2.       In no event shall Fowler Tull (including its respective agents, sub-contractors or representatives) be liable for any failure of the Employer Service due to any integration or interoperability issues arising with any third party or your systems or legacy systems, whether or not caused by or resulting from its negligence or a breach of its statutory duties or a breach of its obligations howsoever caused even if it is advised of the possibility of such loss.

 

D.7       INTELLECTUAL PROPERTY RIGHTS

7.1.       You warrant that you own or have the right or licence to use the intellectual property rights in the Employer Information, the Vacancy, the Job Description and all information and materials provided by you to Fowler Tull.

7.2.       You hereby grant Fowler Tull, a perpetual, sub-licensable, worldwide, royalty-free licence to publish and make available on the Website, the Employer Information, the Vacancy and the Job Description and all other information and material provided by you to Fowler Tull in respect of the Employer Service.

7.3.       You hereby indemnify and shall keep indemnifiedFowler Tull against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Employer Information, Vacancy, Job Description and all other information and material provided by you to Fowler Tull.

 

D.8       DATA PROTECTION

8.1.       For personal data processed by Fowler Tull on your behalf as part of the Employer Service, Fowler Tull will act strictly in accordance with your lawful instructions by following such processing and security obligations as are contained in these Terms. You confirm that you are solely responsible for ensuring that any processing and security obligations and any retention of personal data comply with all applicable data protection law and legislation.

8.2.       You acknowledge that the use of the Employer Services includes the receipt of applications from Jobseekers in response to Vacancies posted on the Website and that your use of the Website may include accessing and downloading information relating to Jobseekers, and that such applications and resumes will contain personal data. You are solely responsible for ensuring that any retention of such personal data by you is in accordance with all applicable data protection laws and regulations.

8.3.       You hereby indemnify and shall keep indemnified Fowler Tull against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of your failure to comply with this clause 8.

 

SECTION E: JOBSEEKERS TERMS AND CONDITIONS

If you wish to use the Fowler Tull Jobseeker Services you may do so in accordance with the terms of this Section E.

 

E.1   DEFINITIONS

1.1.       The following terms shall have the following meaning under this Section E.

“Jobseeker Services” meansthe services as set out in clause 2.1;

“Jobseeker Profile” meansthe Jobseekers information, including but not limited to a curriculum vitae that is made available to Employers

"Vacancy" means each role or position within an organisation comprising the Job Specification, advertised using the Employer Service and only for the purpose of recruitment of a Jobseeker and "Vacancies" shall be construed accordingly.

 

E.2   JOBSEEKER SERVICES

2.1.       Fowler Tull shall provide you with the Jobseeker Services free of charge in consideration for your compliance with the provisions of these Terms. The Jobseeker Services shall comprise the following:

(i)         access to a list of Vacancies;

(ii)        the facility to apply for the Vacancies and to submit your Jobseeker Profile and supporting documents to the Employers;

(iii)       use of certain features and functionalities to manage and track the Vacancies applied for and the correspondences between you and the Employers; and

(iv)       access to and use of any other features and functionalities of the Jobseeker Services provided by Fowler Tull to you from time to time.

2.2        Fowler Tull shall keep confidential all information (including but not limited to your Jobseeker Profile and the Vacancies for which you have applied), stored and retained by you using the Jobseeker Service subject to any legal and/or statutory requirements on Fowler Tull to disclose all such information about you.

 

E.3        YOUR ADDITIONAL OBLIGATIONS AS A JOBSEEKER

3.1.       You shall at all times use the Jobseeker Services in accordance with these Terms and strictly for your personal and non-commercial use only.

3.2.       You are solely responsible for the use of the Jobseeker Service and the management of your job search and job application process for the Vacancies advertised by the Employers.

3.3.       You are also responsible for

(i)         ascertaining the identity of the Employer(s);

(ii)        ensuring that you have the qualification, skills, training and experience requested in the job specification for the Vacancies for which you applied;

(iii)       ascertaining the specific professional requirements, if any, required as set out in the Vacancies;

(iv)       ensuring that you have sufficient information in respect of any health and safety risks in respect of a specific Vacancy and procuring a response from the Employer regarding how it proposes to deal with such risks;

(v)        all information provided to the Employer including without limitation your Jobseeker Profile and all other supporting documents; and

(vi)       ensuring that you have the right and permission (or are able to obtain the relevant rights and permissions) to work in the relevant country specified in the Vacancy,

when you apply for a Vacancy advertised on the Website using the Jobseeker Services.

3.4.       In using the Jobseeker Services, you shall:

(i)         not provide information (including in your resume, Jobseeker Profile and any supporting documents) which you know to be inaccurate, false, incomplete, untrue or is or may be deemed to be a misrepresentation of the facts;

(ii)        provide all information requested by the Employer(s) including without limitation, proof of your identity, your qualifications, skills, training and experience and confirmation that you have the right and permission to work in the relevant country;

(iii)       exercise caution and take care not to breach the provisions in your existing employment contract or any other contractual obligations you may have when you apply for a Vacancy; and

(iv)       immediately notify Fowler Tull in the event it has any reason to believe or suspect that a Employer or another User has breached any of its Terms under Section A or that any of the Vacancies posted by a Employer is not genuine, false, inaccurate and/or incomplete.

 

E.4        ADDITIONAL WARRANTIES

4.1.       You shall be able to provide all the documentation requested by the Employer in verifying your identity, your qualifications, skills, training and experiences.

4.2.       You acknowledge and agree that when you use the Jobseeker Services, Fowler Tull does not guarantee that you will

(i)         find Vacancies suitable to your specific qualifications, skills, training and experiences;

(ii)        secure interviews with Employers;

(iii)       secure a job; and

(iv)       achieve any specific results whatsoever. 

4.3.       You further agree that Fowler Tull does not vet or verify the identity of the Employers or the information set out in the Vacancies posted on the Website. Consequently, Fowler Tull does not warrant or guarantee:

(i)         the currentness, completeness, correctness and accuracy of the Vacancies posted on the Website by the Employer;

(ii)        that the Vacancies are genuine; and

(iii)       the identity of the Employers using the Website.